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10/09/00

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DAC Bulletin Monday, October 9, 2000 ========================================================
NOTE: DAC urges anyone who has not registered to VOTE to do so by 5pm tomorrow as that will be your last opportunity to do so for this election cycle. This will be a very critical Presidential election, as we could risk losing all that the ADA has done for us these past 10 years should the next president elected, appoint up to 3 conservative judges to the Supreme Court. Our VOTES are very IMPORTANT to our HEALTH, WELFARE and WELL-BEING all across the United States.

In Virginia, we have a very heated, tightly contested Senate race, which could also effect our disability rights, education and transportation issues. There has been many distorted facts put out against our incumbent Senator which his challenger has made into flat out lies. Don't buy promises, check out the records.

If anyone has ever wondered how LadyBird Johnson ever got the name Ladybird, I just happened to ask her that question this past weekend. It was nothing as I expected and if you want the answer all you need to do is write back and tell me that you're REGISTERED to VOTE! You'll be just as amazed as I was how this former first lady to the United States under her late husband President Johnson or LBJ as he was called, became known as Ladybird Johnson. A great trivia question.

*****Don't forget DAC's YardSale Page*********
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1. DRS PUBLIC HEARINGS FOR 2000-2001
2. YOUR LAST CHANCE TO REGISTER TO VOTE IS TUESDAY, OCT. 10th, 5PM
3. ABILITIES EXPO - NEW ENGLAND OCT. 20-22 ALERT ON IMS ========================================================
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DRS PUBLIC HEARINGS FOR 2000-2001
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VIRGINIA DEPARTMENT OF REHABILITATIVE SERVICES

VOCATIONAL REHABILITATION AND SUPPORTED EMPLOYMENT STATE PLAN

PUBLIC HEARINGS FOR 2000-2001

The Virginia Department of Rehabilitative Services and the State Rehabilitation Council invite public comment for use in the development of the FY 2000-2001 State Plan for Vocational Rehabilitation and Supported Employment. This notice is for the public bearings to be held across the state during the 2000-2001 public cornment period which lasts until February 15, 2001. Interpreter services and real-time captioning shall be available at each of the public meetings. Other accommodations may be requested through Gloria O'Neal.

You may also provide input to the State Plan by mail, telephone, fax or e-mail to Ms. O'Neal. Although February 15, 2001 is the deadline for inclusion in this years State Plan, consumer input to the department's planning efforts is welcomed at any time.

Contact information: Gloria O'Neal, Department of Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23288-0300; Telephone 8O4/1662-76l1; Toll Free 800/552-5019, ext. 7611; TTY 800/464-9950 ext. 7611; Fax: 804/662-7696; e-mail "onealgb@drs.state.va.us"

2000 Public Hearing Schedule:

November 1, 2000 - 4:00 P.M. -6:00 P.M.
Virginia Western Community College
Student Center, Room SIOl
3095 Colonial Avenue, SW
Roanoke, Virginia 24018

December 4, 2000 - 4:00 P.M - 6:00 P.M.
Dept. of Rehabilitative Services
Lee Building Conference Rooms
Koger Center West
8004 Franklin Farms Drive
Richmond, Virginia 23288-0300

December 11, 2000 7:00 P.M. - 9:00 P.M
Woodrow Wilson Rehabilitation Center
William Cashatt Chapel Building
Fishersville, Virginia 22939-1500

November 8, 2000 - 4:00 P.M. - 6:00 P.M.
Dept. of Rehabilitative services
Bristol Square Station
307 County Street, Room 220
Portsmouth, Virginia 23704

December 7, 2000 - 4 P.M. - 6:00 P.M.
Fairfax County Government Center
Pennino Human Services Building, 2nd Floor
12011 Government Center Parkway
Fairfax, Virginia 22030

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GET OUT THE VOTE - YOUR LAST CHANCE TO REGISTER IS TUESDAY, OCT. 10th, 5PM
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DAC WANTS you to know that TOMORROW is your LAST chance to register to VOTE for this very important Presidential election. It's up to you to choose your fate so PLEASE register to vote if you haven't already.

Many important issues will be facing us with even the possible watering down of the ADA laws. We cannot afford to waste this opportunity of ours to vote. No excuses accepted!

I've been posed a question on how to vote by ABSENTEE BALLOT? Very simple! First you must be registered to vote. You can register in any number of ways i.e. DMV, Social Service, Registrar's office, etc. Then just call your VOTER REGISTRAR'S office and they will gladly send a person out to swear you in PLUS explain how to vote ABSENTEE, it's very easy. In Prince William County Virginia you can call 703-792-6470 or visit their website at:

http://www.pwcgov.org/voterweb

Another item that you may not realize is that the LAW allows for accommodating anyone who cannot get INSIDE the polls to vote. They/you can request that an Election Official come to the curb side and they can vote from the comfort of their vehicle or whatever means of transportation used.

I also encourage you to visit the non-partisan VOTE! 2000 Campaign website at: http://www.nod.org/vote2000/vote2000.html

They offer even more information to help the disabled NATIONWIDE on getting people with disabilities registered, polling places and ballot access, get-out-the-vote initiatives around the country, and the simple but formidable task of actually getting people OUT TO VOTE !!!!!

REMEMBER you only have until 5pm October 10th, to register to vote in the November election so don't put this off, ACT NOW. Thank you.

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WARNING ALERT - WARNING ALERT STILL IN EFFECT FOR EXPO 20nd-22nd
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*Please Avoid the IMS Conversion Vans at the upcoming Abilities Expo in New England at the Bayside Exposition Center in Boston, Massachusetts from October 20-22 Fri-Sun.*

My warning alert still remains in effect and I strongly recommend anyone attending the New England Bayside Exposition Center in Boston, Massachusetts from October 20-22 Fri-Sun. to avoid ALL IMS/RAMP VAN Conversions. Also avoid these IMS Conversions at any other shows until further notice. Show IMS that our voices do count and their inferior product will not be tolerated by us.

WARNING ALERT - WARNING ALERT

I'm still maintaining my alert to warn anyone interested in purchasing a IMS Ramp Van Conversion to think about the Braun or Rycon Conversions first. IMS has put out a few hundred faulty conversions with (yours truly) buying one. My recommendation is to avoid IMS Conversions until they recall or solve these "known" defects. Avoid them for now...I'll report on any future updates. To date I have none to report! Apparently they don't care for your business so reciprocate in kind. AVOID IMS CONVERSION VANS FOR NOW. THERE ARE MUCH BETTER ONES TO CONSIDER....

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ABILITIES EXPO - NEW ENGLAND OCT. 20-22
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Don't forget to visit the Abilities EXPO in New England at the Bayside Exposition Center in Boston, Massachusetts from October 20-22 Fri-Sun. They display many new products and information that may benefit you. For other dates and places visit www.abilitiesexpo.com

New England
October 20 - 22, 2000
Bayside Exposition Center
Boston, Massachusetts

October 20,10 am-5 pm
October 21,10 am-5 pm
October 22,11 am-5 pm

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Comments and news of interest are always welcome. To subscribe or unsubscribe just hit reply with your wish. Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com
http://members.aol.com/dac4va/index.html

DISABLED ACTION COMMITTEE

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09/29/00 ADA Title II - Olmstead changes??????
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DAC Bulletin Friday, September 29, 2000 ========================================================
NOTE: I received a call from Governor Gilmore's office this morning concerning my complaints about DMAS. The Governor showed concern by having a staffer call me and now I have a direct line in case of future problems. Thank you Governor and his staffer.

*****Don't forget DAC's YardSale Page*********

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1. ADA TRAINING SESSIONS
2. ADA THREATENED, COULD OLMSTEAD BE IN TROUBLE?
3. GET OUT AND REGISTER TO VOTE! STILL TIME:)

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ADA TRAINING SESSIONS
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The ADA Information Center for the Mid-Atlantic Region is pleased to announce two trainings that may be of interest to you or colleagues. Please pass these along to those who may be interested.

Thank you!
Marian Vessels
ADA Information Center
1 800 949-4232 V/TTY

ADA Update: Beyond 2000

Thursday, October 26, 2000
8:30 a.m. - 4:00 p.m.
Holiday Inn Select Baltimore North
2004 Greenspring Dr.
Timonium, Maryland

Join us for this excellent program sponsored by the Maryland Coalition for ADA Education, the Maryland Statewide Independent Living Council, and the ADA Information Center for the Mid-Atlantic Region. Funding is provided in part by a grant from the U.S. Department of Education, National Institute on Disability and Rehabilitation Research (NIDRR). This program is highly recommended for anyone involved or interested in the latest ADA developments.

Speakers will include representatives from the U.S. Equal Employment Opportunities Commission, the U.S. Department of Justice, and the U.S. Department of Transportation, as well as the Equal Rights Center, the Maryland Alternative Resolution Commission, and the Maryland Disability Law Center.

Special guest speaker: Andy Levy, well known local disability rights advocate and attorney with the firm Brown, Goldstein, & Levy Keynote speaker: Hugh Gallagher, the noted disability rights activist, historian, and author of numerous articles and books, including "By Trust Betrayed: Patients, Physicians and the License to Kill in the Third Reich" and "FDR's Splendid Deception".

Topics to be covered include: challenges to the constitutionality of Title II how the change in the definition of disability is affecting court decisions alternative dispute resolution as a means of resolving ADA complaints latest information on employment, state and local government, and public accommodations, as well as fair housing issues ADA Update:

Beyond 2000
Program Schedule
Thursday, October 26, 2000

8:30 - 9:30 Registration and Continental Breakfast
9:30 - 12:15 Program Training Activities
12:15 - 1:00 Lunch
1:00 - 4:00 Program Training Activities

Directions to the Holiday Inn Select/Baltimore North - Interstate 95 (North or South) to 695 West toward Towson. Exit at #24 onto Interstate 83 North (sign indicates to York, PA). Take first exit, #16A, Timonium Rd. Turn right at the light (Greenspring Dr.) And right at the fourth driveway to Holiday Inn Select/Baltimore North.

For further information, or to request accommodations (including interpreter services), contact the Maryland Statewide Independent Living Council at 410-319-4455 (voice or TTY), toll-free 1-877-543-3344, or via e-mail at Kimball.MSILC@GTE.NET.

Registrations and requests for accommodations must be received by October 16.

ADA Update:
Beyond 2000
Registration

Cost: $40.00 per person (includes lunch and materials)
Please print, complete and return this form, with payment (make checks payable to MSILC), by October 16, to:

Maryland Statewide Independent Living Council
5807 Harford Rd.
Baltimore, Maryland 21214
FAX: 410-444-0825

Name:
Organization:
Address:
City:
State:
Zip:
Work Phone:
Home Phone:
E-mail:

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Employment Provisions of the ADA:

Beyond the Basics
November 14, 2000
8:30 - 4:00 p.m.
Registration Fee: $20.00*
Registration deadline: November 3, 2000

This seminar will cover advanced employment issues. Topics include:

* discussion of how courts have determined who meets the definition of disability since the Supreme Court decisions;
* what constitutes appropriate documentation when determining disability;
* what is direct threat;
* in-depth analysis of the reasonable accommodation process and what courts are saying about it;
* misconduct on the job when a disability is involved;
* medical questions and exams, including questions employers can and cannot ask; and
* using analytical techniques and ADA knowledge to problem-solve case studies.

This training is for those people who already have a good understanding of Title I and would like more in-depth information. The registration fee include materials. Lunch is on your own with a cafeteria on-site and fast food restaurants within easy driving distance.

Selection Procedure

Registration is limited. Once the ADA Center receives your Registration Form, somebody from the Center will call you to talk about your Title I knowledge. You will then be notified by letter of your acceptance in the training.

Registration Information

Date: Tuesday, November 14, 2000
Time: 8:30 a.m. - 4:00 p.m.
Place: Department of Transportation Headquarters
10 Elm Road
BWI Airport, MD 21240

Cost: $20.00 (*Scholarships available, call (800)949-4232 (V/TTY))

Registration Form

Employment Provisions of the ADA:

Beyond the Basics
November 14, 2000
8:30 - 4:00 pm
Registration Fee: $20.00*
Registration deadline: November 3, 2000

Registration is accepted on a first come, first served basis. Please make checks payable to the ADA Information Center/TransCen, and fax or mail your completed registration form to:

ADA Information Center for the Mid-Atlantic Region
451 Hungerford Drive, Suite 607
Rockville, MD 20850
(301) 217-0754 Fax

*Scholarships are available. For more information, contact Nancy Horton at: (800) 949-4232 V/TTY.

Please type or print clearly.

Participant Name:
Title
Organization/Company Name
Address
City
State Zip
Telephone: Fax
Email Address

If you have any questions, require auxiliary aids or materials in alternate format, please indicate below and contact Nancy Horton at the ADA Information Center for the Mid-Atlantic Region at: (800) 949-4232 V/TTY by November 3, 2000.

Thank You!

S:/adainfo\flyerregistrationformsletters\blankregistrationform.wpd

===================

ADA Update: Beyond 2000

Thursday, October 26, 2000
8:30 a.m. - 4:00 p.m.
Holiday Inn Select Baltimore North
2004 Greenspring Dr.
Timonium, Maryland

Join us for this excellent program sponsored by the Maryland Coalition for ADA Education, the Maryland Statewide Independent Living Council, and the ADA Information Center for the Mid-Atlantic Region. Funding is provided in part by a grant from the U.S. Department of Education, National Institute on Disability and Rehabilitation Research (NIDRR). This program is highly recommended for anyone involved or interested in the latest ADA developments.

Speakers will include representatives from the U.S. Equal Employment Opportunities Commission, the U.S. Department of Justice, and the U.S.

Department of Transportation, as well as the Equal Rights Center, the Maryland Alternative Resolution Commission, and the Maryland Disability Law Center.

Special guest speaker: Andy Levy, well known local disability rights advocate and attorney with the firm Brown, Goldstein, & Levy Keynote speaker: Hugh Gallagher, the noted disability rights activist, historian, and author of numerous articles and books, including "By Trust Betrayed: Patients, Physicians and the License to Kill in the Third Reich" and "FDR's Splendid Deception".

Topics to be covered include: challenges to the constitutionality of Title II how the change in the definition of disability is affecting court decisions alternative dispute resolution as a means of resolving ADA complaints latest information on employment, state and local government, and public accommodations, as well as fair housing issues ADA Update:

Beyond 2000
Program Schedule

Thursday, October 26, 2000
8:30 - 9:30 Registration and Continental Breakfast
9:30 - 12:15 Program Training Activities
12:15 - 1:00 Lunch
1:00 - 4:00 Program Training Activities

Directions to the Holiday Inn Select/Baltimore North - Interstate 95 (North or South) to 695 West toward Towson. Exit at #24 onto Interstate 83 North (sign indicates to York, PA). Take first exit, #16A, Timonium Rd. Turn right at the light (Greenspring Dr.) And right at the fourth driveway to Holiday Inn Select/Baltimore North.

For further information, or to request accommodations (including interpreter services), contact the Maryland Statewide Independent Living Council at 410-319-4455 (voice or TTY), toll-free 1-877-543-3344, or via e-mail at Kimball.MSILC@GTE.NET.

Registrations and requests for accommodations must be received by October 16.

ADA Update:

Beyond 2000
Registration

Cost: $40.00 per person (includes lunch and materials)
Please print, complete and return this form, with payment (make checks payable to MSILC), by October 16, to:

Maryland Statewide Independent Living Council
5807 Harford Rd.
Baltimore, Maryland 21214
FAX: 410-444-0825

Name:
Organization:
Address:
City:
State:
Zip:
Work Phone:
Home Phone:
E-mail:

********************************************************
ADA THREATENED, COULD OLMSTEAD BE IN TROUBLE? ********************************************************
Dear Advocates:

The Garrett case is not the only pending Supreme Court appeal threatening to destroy the ADA and last year's Olmstead ruling. The Supreme Court will decide in the next days or weeks whether to "grant cert" to review a devastating decision by the Second Circuit Court of Appeals in the case of Rodriguez vs. City of New York, 197 F. 3d 611 (2nd Cir. 1999).

This ruling allows New York to refuse to provide Medicaid personal care services to people who need them because of cognitive impairments such as Alzheimer's disease, forcing them into nursing homes. The Second Circuit ruling is an outrageous interpretation of the ADA . It says that the ADA does not require states to provide any additional services to persons with disabilities as a "reasonable accommodation." As long as the state gives the SAME services to people with disabilities as it gives to people who are not disabled, the state complies with the ADA. Rodriguez applies this reasoning to allow New York to deny "safety monitoring" to people with cognitive impairments because New York did not give that assistance to other recipients. "Safety monitoring" is a term that describes personal assistance that is verbal and supervisory rather than hands-on physical assistance with activities of daily living [ADLs].

Under the same reasoning used in Rodriguez, a state could say, "Our Medicaid program does not need to cover wheelchairs, because we don't give wheelchairs to people who can walk" or "We don't cover AZT because we don't give AZT to people who don't have HIV or AIDS." This decision will be a tremendous barrier to implementing the ADA and Olmstead in the three states in the Second Circuit -- New York, Vermont & Connecticut -- and in every other state that follows this decision.

The Second Circuit also rested its decision on an outrageous interpretation of a key Medicaid regulation known as the "amount duration scope" regulation. The court rejected a longstanding interpretation by many other courts and by the federal HCFA agency that prevented states from setting arbitrary limits on the scope of Medicaid services they provide. Under that interpretation, states had to provide services to an extent that they would reasonably achieve the purpose of the broad category of services. For example, years ago, some states refused to provide eyeglasses to people with common refractive errors or other vision impairments, and authorized eyeglasses only after cataract surgery. Courts threw out those restrictions, saying the state's limit would violate the federal regulation because it would defeat the purpose of the entire benefit cateogory of eyeglasses and vision aids. Now, under Rodriguez, states have free rein to decide just how narrowly they will define their service coverage. States can define the "purpose" of their limited services any way they want, and only have to meet that narrowly defined purpose. They have no accountability for meeting the broader purpose of the service "category." Under this ruling, states could set arbitary limits on "optional" services such as these:

* a state could refuse to provide MRIs because the "purpose" of their lab test benefit is to provide X-rays only;
* a state could refuse to provide augmentative communication devices because the "purpose" of its speech therapy benefit is to provide services of a speech therapist.
* states could limit the "purpose" of its prosthetic devices to providing items that are surgically inserted, excluding a wide array of devices that are not surgically inserted.
* states could limit the "purpose" of their Intermediate Care Facilities to caring only for people who have mental retardation, excluding people with developmental disabilities.
* states could declare that the "purpose" of their prescription drug benefit is to control and cure a finite list of diseases such as high blood pressure and diabetes, and therefore refuse to provide preventative drugs such as AZT or psychotropric drugs, or drugs that alleviate pain but do not "cure" an illness.

WHERE WE ARE: The appeal to the Supreme Court asks the Court only to review the Medicaid claim not the ADA claim. This decision was made for strategic reasons -- many advocates feared it was too risky to bring Olmstead issues back before the Court so soon, just when the Court is deciding Garrett. However, even though the legal appeal is only about Medicaid, a "win" on the Medicaid issue will also be a "win" on the ADA claim -- it will throw out this horrible devastating decision, and allow the plaintiffs to re-argue the ADA claim before the Second Circuit. The Supreme Court is more likely to agree to hear this case if they hear from HCFA that the Second Circuit was WRONG in interpreting federal regulations. That is why HCFA needs to hear from YOU.

ACTION ALERT:

Individuals and groups who advocate for people with disabilities are again urged to send an emergency request by e-mail, fax or phone to the U. S. Health Care Finance Administration [HCFA], requesting that HCFA issue a directive IMMEDIATELY that clarifies that the key "amount, duration and scope" Medicaid regulation applies to ALL Medicaid services, whether "mandatory" or "optional." If HCFA does not issue a directive in the next month, the Supreme Court is not likely to grant review of this dangerous decision. As a result, the three states of New York, Vermont, and Connecticut -- and other states throughout the country -- will severely cut back their Medicaid services. And the devastating ruling on the ADA will stand.

THE GHOST OF DeSARIO -- Many advocates remember the abominable Second

Circuit decision in the DeSario case, which said that states only have to provide medical equipment or other Medicaid services needed by the MAJORITY of Medicaid recipients. That ruling required beneficiaries to prove the impossible in order to get coverage of a particular type of medical equipment -- that the item was needed to meet the needs of "most" Medicaid recipients. An outraged and vocal advocacy community succeeded in convincing HCFA to issue a letter stating that the DeSario decision was wrong. As a result, the United States Supreme Court vacated the Second Circuit's Desario decision. Unfortunately, HCFA limited its DeSario letter to the few MANDATORY categories of services, apparently allowing states to limit and refuse to provide various services within OPTIONAL service categories. The same vocal action by advocates is needed NOW to get HCFA to act -- otherwise Rodriguez nullifies the DeSario letter as to any optional service.

WHAT YOU CAN DO: Urge HCFA to clarify that states must provide services in an amount, duration and scope that satisfies the purpose of the ENTIRE

Medicaid benefit category -- not just the purpose of a particular treatment. The "amount, duration, and scope" regulation must apply to ALL services, including optional services. Tell HCFA not to let Rodriguez nullify HCFA's important DeSario letter. Give examples of any optional services or benefits YOU or YOUR GROUP's MEMBERS need and use that a State may refuse to cover by narrowly defining the "purpose" of its services. SAMPLE LETTERS ARE AVAILABLE.

Write, fax, or e-mail these HCFA officials:

Timothy Westmoreland
twestmoreland@hcfa.gov
Director, Center for Medicaid and State Operations
Health Care Financing Administration
Department of Health and Human Services
7500 Security Boulevard
Baltimore, MD 21244-1850
e-mail: twestmoreland@hcfa.gov;
telephone: (410) 786-3870; fax: (410) 786-0025

Nancy-Ann Min DeParle, Administrator
Health Care Financing Administration
314-G Hubert Humphrey Building
200 Independence Ave. SW
Washington, DC 20201
e-mai: ndeparle@hcfa.gov;
telephone: (202) 690-6726; fax: (202) 690-6262

Donna Shalala, Secretary
US Department of Health and Human Services
200 Independence Ave., S.W. Room 615-F
Washington, DC 20201
hhsmail@os.dhhs.gov;
telephone: (202) 690-7000; fax: (202) 690-7203

Contact:

Valerie Bogart
Center for Disability Advocacy Rights
212-979-0505
valbogart2@aol.com

********************************************************
GET OUT THE VOTE - TIME TO REGISTER NOW - YOU HAVE TILL OCT. 10th
********************************************************
DAC will continue to reiterate our request for you to Get Out To Vote until the VERY last day to register. Many important issues will be facing us with even the possible watering down of the ADA laws. We cannot afford to waste this opportunity of ours to vote. No excuses accepted:)

I've been posed a question on how to vote by ABSENTEE BALLOT? Very simple! First you must be registered to vote. You can register in any number of ways i.e. DMV, Social Service, Registrar's office, etc. Then just call your VOTER REGISTRAR'S office and they will gladly send a person out to swear you in PLUS explain how to vote ABSENTEE, it's very easy. In Prince William County Virginia you can call 703-792-6470 or visit their website at: http://www.pwcgov.org/voterweb

Another item that you may not realize is that the LAW allows for accommodating anyone who cannot get INSIDE the polls to vote. They/you can request that an Election Official come to the curb side and they can vote from the comfort of their vehicle or whatever means of transportation used.

I also encourage you to visit the non-partisan VOTE! 2000 Campaign website at: http://www.nod.org/vote2000/vote2000.html

They offer even more information to help the disabled NATIONWIDE on getting people with disabilities registered, polling places and ballot access, get-out-the-vote initiatives around the country, and the simple but formidable task of actually getting people OUT TO VOTE !!!!!

REMEMBER you only have until 5pm October 10th, to register to vote in the November election so don't put this off, ACT NOW. Thank you.

===============================
Comments and news of interest are always welcome. To subscribe or unsubscribe just hit reply with your wish. Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com
http://members.aol.com/dac4va/index.html

++

08/21/00

========================================================
DAC Bulletin Monday, August 21, 2000 ========================================================
We at DAC are always striving to serve our readers better so we are trying a new format which we hope you'll enjoy. As always, please feel free to comment. Thank you. Our website is located here: http://members.aol.com/bDAC4VA/index.html

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1. WARNING ALERT - WARNING ALERT
2. ACTION ALERT - HEARING AID INSURANCE (NVRC)
3. New Medicaid Manual Information - Now at DAC's 'Helpme.htm' page
4. New Changes to DAC Site
5. Get out and register to vote!
6. From the Virginia ADA Coalition
========================================================

********************************************************
WARNING ALERT - WARNING ALERT
********************************************************
My warning alert still remains in effect and I strongly recommend anyone attending the Washington Abilities Expo in Chantilly, VA to avoid ALL IMS/RAMP VAN Conversions. Also avoid these IMS Conversions at any other shows.

I'm still maintaining my alert to warn anyone interested in purchasing a IMS Ramp Van Conversion to think about the Braun or Rycon Conversions first. IMS has put out a few hundred faulty conversions with (yours truly) buying one. My recommendation is to avoid IMS Conversions until they recall or solve these "known" defects. Avoid them for now...I'll report on any future updates. To date I have none to report! Apparently they don't care for your business so reciprocate in kind.
********************************************************
ACTION ALERT - HEARING AID INSURANCE (NVRC)
********************************************************

Dear Friends:

You’ve told us since NVRC was set up that health insurance coverage of hearing aids is very important to you. As fully digital hearing aids and the mixed analog/digital ones have become more advanced, we’ve also heard from you how difficult it is to pay the increased cost for the features that would be most helpful to you.

Now is the time to speak up. On Wednesday, August 30, the Special Advisory Commission on Mandated Health Insurance Benefits will meet at 10 am in House Room 4 of the Capitol Building in Richmond. At this meeting, the Commission will be holding public hearings on Senate Bill 272 and House Bill 554. These are two of the bills that we supported and helped introduce in the General Assembly last year. The bills would require coverage of hearing aids and related services by health insurance companies and also require this coverage for state employees.

Many thanks to Arva Priola, who has made a request to have interpreters, CART and an audioloop system for the Commission meeting.

Two of the NVRC staff plan to attend, and we would like to see dozens of others go to the meeting as well. The Commission will not think this is a serious issue if they do not see a room full of people who feel it’s important enough to come. Bring your friends, your children, your neighbors. If you need directions to the meeting, I can send them to you by email.

You can sign up to speak at the public hearing of just come to listen and show your support. If time is limited and there are many speakers, the amount of time you can speak may be limited. The Commission asks that you bring 20 copies of your presentation if possible, but this is not required.

If you can’t attend, you should get in touch with members of the Commission to let them know how important it is to support these two bills. Tell them about your experiences and those of other people you know who may have put off buying hearing aids or faced hardships to get them. Tell them how having hearing aids have changed your life for the better -- participating in meetings, better able to do your job, communicating better with your family. If you are a parent or someone who works with children, tell them how important it is to help your child learn language, be able to make friends, etc.

Northern Virginia residents should write to Delegate Vivian E. Watts of Annandale, the Commission’s representative from the House Committee on Health, Welfare, and Institutions. Del. Watts attended a meeting at NVRC last year at which these bills were discussed, and she needs to know that they are still a high priority for us. Contact her at: vwatts@erols.com or 703-978-2989 V.

Others to contact:

Senator Stephen H. Martin of Richmond, rep from Senate Committee on Education and Health -- smartinva@aol.com; 804-674-0242 V

Senator Thomas K. Noment, Jr. of Williamsburg, rep. from Senate Committee on Commerce and Labor -- norment@widowmaker.com; 757-259-7810 V

Del. James M. Shuler of Blacksburg, rn4delegat@aol.com; 540-953-1103.

There are also public members appointed by Governor Gilmore for whom I have no contact information -- Johanna B. Chase, R. DuVal Dickinson, Charles B. Garber, Dao Huyah, M.D., Matthew Jenkins, Stephen P. Long, James F. McIntyre, Virginia Norton, Ph.D., Fred M. Rankin III, John L. Roper IV, Alfred W. Gross and E. Anne Peterson.

The Advisory Commission will also review two other bills at this meeting, so I do not know what time the meeting will end. At the last meeting the Commission heard two bills and the meeting was over around noon.

A group of people from Fredericksburg, whose Senator (Edd Houck) was sponsor of the bills in the Senate, plans to meet and carpool from the Massaponax Outlet Mall Parking Lot. If you would like to carpool or ride with others, we will try to match people who can drive and people who need a ride.

Cheryl Heppner, NVRC
NVRCheryl@aol.com
********************************************************
New Medicaid Manual Information - Now at DAC's 'Helpme.htm' page
********************************************************

DMAS is pleased to announce that the new Community Mental Health Rehabilitative Services provider manual is now available on the agency Internet.

This is a new manual for the agency. DMAS formerly had a manual entitled MH/MR Community Services. The old MH/MR Community Services manual is now obsolete and is being replaced by two new manuals:

(1) Community Mental Health Rehabilitative Services (which is now available on- line), and

(2) Mental Retardation Community Services (to be released soon)

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New Changes to DAC Site
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If you haven't visited the DAC site lately you'll notice a few new posts on 'Breaking News' and another link to show how DAC assists YOU as a member or friend for free. Please check our 'Assist page' which is still under construction at this address: http://members.aol.com/DAC4VA/assist.htm

We show how DAC interacts with the community to help you our readers and friends of DAC. Also please remember the 'Yardsale page' as several items have been sold or donated and we are ready to post more items for you FREE !!!! It doesn't get any cheaper than that.

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Get out and register to vote!
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Voting time is getting near so if you are unable to go to the polls then register to vote by absentee ballot. Whichever way you choose to vote please remember that this years November Election will be VERY important to us to choose the candidates that will serve all of our needs best. Every vote is important and don't think for one minute that your vote doesn't count because it does. So if you're not registered then get registered now. There are over 54 million disabled people in the United States and believe me we CAN & WILL make a difference if you just take 5 minutes to VOTE !!!! Your choice or your loss, so lets make a difference this year and all the years thereafter. We are now a force to be reckoned with so use that right of yours to get out the vote. Thank you.

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From the Virginia ADA Coalition - info from Cash@CentralVa.Net
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NCD Issues Report on ADA Enforcement:

The National Council on Disability has issued a report entitled Promises to Keep: A Decade of Federal Enforcement of the Americans with Disabilities Act. The report concludes that the overall impact of the Americans with Disabilities Act (ADA) has been diminished by a lack of a unifying national strategy and inadequate funding by Congress for the enforcement agencies. "Although federal government agencies were well-intentioned and spoke in support of ADA," said NCD Chairperson Marca Bristo, "NCD's firm conclusion is that chronic under-funding and under-staffing of responsible agencies, undue caution, and the absence of a coherent strategy have undermined federal enforcement of ADA in its first decade." NCD's recommendations include the development of robust and assertive leadership by the Department of Justice in developing a coherent national strategy for enforcement in implementing ADA and strengthening ADA discrimination complaint handling by the departments of Justice and Transportation, the EEOC, and the ADA Title II referral agencies. "We believe that with sufficient resources and a uniform federal agency plan to implement and enforce the ADA, the nation will benefit substantially," said Ms. Bristo. The report can be found at NCD's web site at: www.ncd.gov/newsroom/publications/promises_1.html  <http://www.ncd.gov/newsroom/publications/promises_1.html>

New Web Site

As part of the ADA 10th Anniversary celebrations President Clinton announced the launching of a new web site for disability related information, including education, employment, self-employment and entrepreneurship, housing, transportation, civil rights, self-determination, technology, health, recreation, and other topics of interest to individuals with disabilities and their families. This "Bobby-approved" site is very comprehensive and includes links to a multitude of government departments, organizations, and private agencies. Check it out at http://disabilities.gov/

Enforcement

Judge Says SEPTA Failed to Comply U.S. District Judge Lowell Reed, Jr. ruled that the Southeastern Pennsylvania Transportation Authority (SEPTA), which operates the public transportation system in Philadelphia, has failed to comply with a 1995 consent decree. The Public Interest Law Center of Philadelphia filed suit in 1994 on behalf of citizens who claimed that the paratransit service was inadequate and inefficient. SEPTA promised improvements that included the installation of a computerized monitoring system called PASS (Paratransit Automated Schedule

System). Technological difficulties resulted in several extensions of the original June 30, 1996 deadline for installation of the system. Devices were finally installed earlier this year, but riders claim that the system is still not operational, due to both equipment malfunctions, and the failure of some drivers to use the devices. The judge faulted SEPTA for its failure to follow through on its commitment in a timely fashion, and the ruling leaves open the possibility of civil penalties that could continue to mount each month the system is not operational.

NFB Settles with AOL

The National Federation of the Blind announced on July 26 that it will withdraw its lawsuit against America on Line. Under the agreement reached by the two parties AOL will continue its efforts to develop software and content areas that are compatible with screen reader assistive technology and NFB will retain the right to renew its claim after a period of one year. AOL has developed and posted to its web site an accessibility policy, which was crafted with input from NFB and other organizations.

Denver Settles Employment Lawsuit

The city of Denver agreed to pay $1.5 million to settle a lawsuit brought by 11 police officers who were denied reassignments to vacant positions after they experienced various injuries. The city had a policy which required officers to retire if they were no longer able to perform their jobs, even if they were qualified for other available positions. The settlement is the largest ever imposed on a public employer since the enactment of the ADA.

Keep in Touch . . .

We are asking that you give us a brief monthly report on your ADA activities. Please e-mail or FAX us your "highlights". Thanks! Should you need materials, etc. please contact the ADA Information Center at 1-800-949-4232 (V/TTY), 301-217-0124 (V/TTY), 301-217-0754 (FAX), or via e-mail at adainfo@transcen.org

===============================

Like our new DAC format? If so or if not all comments are welcome. Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

++

08/16/00

PUBLIC COMMENT PERIOD (info from Warren of Handinet)

In order for SSA to consider public comments on these specific proposals, SSA must receive them by October 10, 2000. Comments should be submitted in writing to the Commissioner of Social Security, P.O. Box 17703, Baltimore, MD 21235-7703; sent by fax to (410) 966-2830; sent by E-mail to "regulations@ssa.gov"; or delivered to the Office of Process and Innovation Management, Social Security Administration, L2109 West Low Rise, 6401 Security Boulevard, Baltimore, MD 21235-6401

Please write, fax or email from the above address. Thank you.
==========
August 16, 2000

Office of Process and Innovation
Management, Social Security Administration
L2109 West Low Rise, 6401
Security Boulevard, Baltimore, MD 21235-6401

RE: NEW SSA WORK RULES PROPOSED

Attn. Social Security Administration:

We the people and members of DAC (Disabled Action Committee) would like all due consideration in regard to the proposed Social Security Notice of Proposed Rule

Making in the Federal Register concerning SGA levels. This proposed rule would automatically adjust each year the SGA level for individuals with impairments other than blindness. These adjustments would be based on any increases in the national average wage index.

The following proposals we find fair and acceptable are:

1) Provide that we will ordinarily find that an employee whose average monthly earnings are not greater than the "primary substantial activity amount" (currently $700) has not engaged in substantial gainful activity without considering other information beyond the employee's earnings. (In other words, we propose eliminating the "secondary" SGA level.)

(2) Increase (from the current $200 to $530) the minimum amount of monthly earnings that we consider shows that a person receiving SSDI is performing or has performed "services" during a trial work period. Automatically adjust the amount each year thereafter based on any increases in the national average wage index.

(3) Increase the maximum monthly (from $400 to $1,290) and yearly (from $1,620 to $5,200) Student Earned Income Exclusion amounts we use in determining SSI eligibility and payments. Automatically adjust the monthly and yearly exclusion amounts each year thereafter based on any increases in the cost-of-living index.

As the Deadline for public comment is October 10, 2000, we do hereby submit our opinions about the Substantial Gainful Activity Amounts "Services" for Trial Work Period Purposes-Monthly Amounts and the Student Earned Income Exclusion.

It's our hope that these proposed rules will be taken into effect. Thank you for your consideration.

Sincerely,

(your name)

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

++

07/06/00

To DAC members, friends, families, Handinetters and CIL's,

I've received numerous emails and phone calls from across the state concerning my announcement last Friday that as of July 1st, 2000 (last Saturday) DMAS has increased their CD PAS (consumer directed, personal attendant service) rates.

As of Saturday, July 1st, the new caregiver pay amounts increased from $6hr in the Southern portions of the state to $7.75hr now. The N. Virginia rates have increased from $8.25hr to $10hr from Prince William County north.

I would suggest that when filing your time sheets that you note the older rates and pay with the proper dates and the new rates and pay with the July 1st, increase to avoid any confusion with the payroll departments. So starting with July 1st, on your DMAS pay records note example: 07/01/00 8hrs @ $7.75 = $62 for S. VA rates and 8hrs @ $10hr = $80 for the N. VA rates.

These new rates are REAL and I have been given permission by Karen Lawson with DMAS to put this out to YOU, the consumer, and the CIL's that represent you. The people who do payroll through DRS are certainly aware of these changes and you really don't need to flood their phone lines to question the changes.

Yes, I agree that DMAS should have been able to send advance warning to you but as the final decision came down late Friday afternoon on June 30th, there wasn't much time except through my post to reach many of you ASAP. It certainly is better than waiting until August to receive the good news, so don't be upset or alarmed, just start your new rates as of July 1st, and everything will be all right.

Feel free to continue calling or writing if you're still unsure of how this all works but it's for real and is in effect now which should be self explanatory.

Remember too, that Maureen Hollowell, at email: Maureenhol@aol.com will be holding workshops on Medicaid Waivers and they will be held in 24 communities this summer. The workshops will be presented by the Endependence Center, Inc., of Norfolk with a grant from the Virginia Board for People with Disabilities.

Information about the workshops can be found at
Medicaid Waiver Workshops
http://cgi-perl.whro.org/cl/eci/bbs/messages/215.html

I hope as many of you as possible can attend, because Maureen will help clarify all the notions and misconceptions of the waiver programs. Spread the word as many social service workers need to be more fully informed as well as the consumer and persons working at the CIL's. This should be a very informative meeting and I urge all advocates or any interested parties to attend. Feel free to forward this letter.

Be happy, this is good news and enjoy the summer:)

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

++

06/30/00

To DAC members, friends, families, and Handinetters:

Today, DMAS has announced an increase in their CD PAS program rates to caregivers of $2 per hour. This means that N. VA caregivers will start receiving $10hr as of July 1st, that's Saturday folks:) and the rest of the state will receive $7.75hr July 1st. Although I had hoped the Southern portions of the state would have been just a little higher, I'm ecstatic that DMAS has realized the cost effectiveness of home care as opposed to Institutions.

I'd personally like to thank Diana Thorpe, Director of Long Term Care and her assistant Karen Lawson, both of whom have listened and worked diligently to see that our requests were responded to and taken care of in a most appreciated manner. Kudos' to you both:)

I hope all the advocates will let their groups know that these changes start tomorrow, July 1st, and I also hope the Department of Rehabilitative Services (DRS) takes notice and amends their pay rates accordingly.

Today is a day to celebrate as our voices are being heard. Again, my thanks to all those at DMAS that worked hard to get the pay rates up to more competitive wages to help enable us to live independently in the community. This is a very good sign of future things to come from DMAS. Maybe we could get a group healthcare plan started for our caregivers in the future but today I'm proud of your accomplishments.

Thank you very much.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

++

06/09/00

To All:

Today, DAC is proud to announce it's NEW 'Yard Sale' page where YOU can buy - swap - sell - trade - donate - whatever at the FREE DAC 'Yard Sale' site. Anything from medical equipment & supplies to clothes, antiques, cars, vans, nic-nacs, furniture, household goods or anything that you choose!

All you need to do is send me your legitimate requests and/or jpegs or gifs of your sale item with a brief explanation and we'll post it right away on our 'Yard Sale' page. Enjoy meeting new friends or getting in touch with old ones.

If you wish to remain anonymous then send your requests or information through me and I will forward any inquiries to you. Easy - Fun - Free - at DAC, where we provide not only information and assistance but plenty of fun too.

Enjoy your visit and spread the word...let's get rid of the old stuff (or new) that you don't want but others could use. All comments are welcome and our site is still under construction so don't bang your head while rummaging around.

Just click here and enjoy:) DAC's Yard Sale Page - Supplies - Used Equipment- Whatever

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

++

05/26/00

To All:

On Friday, May 26th, I attended a VATS conference at GMU (George Mason University) in Fairfax, VA. Before lunch Lt. Governor John Hager spoke and afterward fielded a couple of questions before the audience. Since I was unable to get my question in, I went over to the ramp by the stage that Hager had to use with his wheelchair to get down. I conveniently sat beside the exit with my wheelchair through which Mr. Hager had to pass so I could ask him a few questions.

After introducing myself I asked; "If Governor, would you support Medicaid to "Opt-in" to enable persons with disabilities to work?" Hager responded; "I'm just Lt. Governor and I have no say in what the current Governor, Jim Gilmore does." Since he didn't answer my question I asked again; "What is your stand on Medicaid to Opt-in?" Hager getting a little miffed replied; "Well, I'd certainly like to check out all the options and possibilities." A typical politician's answer that hadn't a clue as to what I was asking and this was just after his speech about enabling the disabled with the use of high technology and possibly telecommuting for work purposes.

Then I asked; "What about the CD PAS programs, would you allow those to keep their caregivers so they could work, without having such a low threshold of $20k per year in earnings before recipients were placed on a sliding scale to pay for their caregivers?" Hager replied; "Um, that's something I have no control over as the Lt. Governor's office is separate of the Governors." He was getting pretty anxious by this time so I asked again and Hager said; "That's something we need to study."

I then asked Hager why he never responded to any of my 124 faxes that I mailed to not only Governor Gilmore, but to him, as well as many other people in the Gilmore administration when I was pleaing for help. (My Nursing Agencies dropped my case refusing to staff me) Hager replied; "I never seen any faxes" so I asked, "Out of 124 continuos daily faxes over a 6 month time period, you were never told or aware of one fax from a constituent?" Hager nervously replied; "Those were addressed to the Governor, not me" and I quickly responded; "All 124 faxes were directed to you (Hager) specifically as well." It seems Hager forgot he just told me he never seen one fax and now in only one minutes time he knew of them, but felt it was for the Governor to respond. So I asked; "But if they (the faxes) were directed to you as well why didn't you respond?" Hager replied; "That didn't concern his office." (I wonder what does?)

I tried to get another question in but Hager was getting shall we say, a little disturbed, putting it mildly, so I asked how he stood on any disability issue and he just ignored me and went on to speak to others.

Lt. Governor John Hager is not a good politician. For one reason, he couldn't keep his stories (lies) straight. Sure, he sits on disability committee's, but he has no viable plan for helping with disability issues other than the old political rhetoric that everyone else uses. The only true statement he made as I was asking him questions was; "These problems have existed for years and they are not going to disappear overnight." Seems to me I've heard that same old lame song and dance before.

Now I need to tackle Mark Early and Mark Warner on these same questions and more to see just how fast they can do the "two step" or try to evade my questions. This is certainly going to be an interesting prelude into our next "gubernatorial election." So far, Lt. Governor John Hager has proven he doesn't have the wherewithal to handle the job as our next Governor and I'll certainly point out others in the future as well. I just hope that they are well prepared, because Hager certainly wasn't ready to handle me, let alone the Commonwealth of Virginia.

Next!!!!!!!!!!.........

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

++

05/19/00

To All,

I received this note about the HR 3590 Hearing held yesterday which could have put us back into the dark ages. I'd like to thank ADA Lawyer Barry Weintraub, for allowing me to share this with you. ADA 1, Eastwood 0....go ADA......

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

========
Dear Keith,

The hearing, as such things go, went well for ADA advocates. Mr. Eastwood testified first and left without having to answer any real questions. Testimony came out that of the three parties who complained that they did not have notice of an impending ADA suit, two (including Mr. Eastwood) did have notice. Also the two Florida law firms that filed so many ADA lawsuits are about out of business.

The ADA advocacy community showed up in great numbers and clearly voiced opposition to HR 3590. One main objection to the bill was that it would prevent disabled persons from going directly to court for emergency situtations. You can't wait 90 days to put your kid in day care if you are working parents. You can't wait 90 days to see a doctor.

At the end of the hearing, Chairman Canady (no friend of Civil Rights) of the Subcommittee on the Constitution acknowledged that bill has some servious "unforseen consequences" and would have to be redrafted. Congresswoman Maxine Waters, on the other hand, asked no questions, spoke for five minures and made clear that hell would freeze over before she allowed a rollback of this civil rights law.

Barry Weintraub

++

May Newsletter 05/18/00

To DAC members/friends, Handinetters, et.al:

As the whole country witnessed last Sunday's "Million Mom March" in Washington, D.C. and other cities around the country, I hope you took notice that all the participants were letting our Representatives know that our "collective" votes and voices DO count!

This is exactly the same message that I've been putting out to you for over 1 year now. It doesn't matter whether you agreed with the Mom's that marched or not, the point is that each of our VOTES do count and together we can help alter the change within the disabled communities as well as other changes that effect our live's on an individual and daily basis.

With the instant access we have to contact each other through emails, faxes, etc., we have the capability of letting each other know just where our Representatives stand on issues directly affecting us all. Our voices can reach across the state and nation in just seconds and this has created a new power that we can easily utilize to see that our concerns are heard and acted upon.

While DAC's numbers continue to grow daily and will soon go state by state, we are at a juncture in life where the old style of politicians phony promises will not be taken lightly or tolerated anymore. Today we can demand accountability and responsible legislation by those that represent us through our VOTE. Those spending millions of dollars to get elected will soon discover that all their money will not and cannot influence our collective votes.

I hope that you continue to stay as excited about our newfound power as I am and that you also encourage everyone you know to register to vote. Remember people can vote absentee just as easily as going to the polls, so there's no need to accept any excuses for not being able to vote.

We have these basic rights to vote, so lets start exercising them and we will control our destinies without costing us one dime. This movement is catching on like wildfire and believe me our representatives are watching closely. Now is the time to control our own fate so get active and get others active as well.

If you haven't visited the DAC site lately, you may wish to visit again now that I've made changes to make it easier to read and navigate. I thank all of you for your suggestions and the information you've provided for others to use and encourage you to keep the comments flowing in as you will see that we do listen at DAC. OK, now go get registered to vote and take your friends too, so we can make a big difference in this November's national election. Thank you.

Regards,

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

++

5/13/00

To DAC members, friends, groups, and Handinetters:

I've been asked to inform YOU and urge YOU to write your Representatives about a law pending that would reduce enforcement of Title III of the ADA. The proposed law, called HR 3590, could have drastic effects on the ADA laws. Please read and forward the enclosure to your friends. Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

-----------------------------------------
05/13/00

Barry Weintraub, Esq.
12371 Manchester Way
Woodbridge, VA 22192
adalawyer123@cs.com

On May 18, 2000 the Subcommittee on the Constitution (a subcommittee of the House Judiciary Committee) is going to have hearings for a proposed law which intends to reduce enforcement of Title III of the ADA. The proposed law, called HR 3590, would not allow a lawsuit to be filed by private individuals unless new technical requirements are complied with. The law will also prevent individuals from filing suit until construction is completed and open to the public.

The following information is made available to all those who have an interest in keeping the ADA strong and voicing their concerns to committee members and their own representatives. Everyone's support is requested.

a. Criticism of the bill

b. Web site for how HR 3590 would change the law (additions and deletions)

c. Contact information for representatives.

I. Criticism of HR 3590

1. This legislation is a signal to all business that they do not have to comply with the ADA until they have received their 90 day warning letter.

2. When businesses receive their 90 day warning letter they are in a perfect position to stall and stall.

3. Isn't 10 years of waiting enough?

4. The proposed legislation significantly changes standing requirements. Individuals would have to wait until construction is completed before bring suit. The cost of fixing architectural problems for businesses would then go up. Thus, this bill is likely to increase costs to businesses.

5. The basic and major terms of the bill are undefined and unclear. Consequently, businesses will have to spend more on legal fees because of this bill.

6. If plaintiffs are made to wait and wait because of these technical provision, shouldn't defendants be made to pay damage awards -- like under other civil rights -- for the deliberate refusal to promptly correct accessibility. Isn't this fair?

7. Finally, it is clear that this bill is part of an effort to strip away civil rights from disabled persons and others who have sought and fought for civil rights protections.

II HR 3590

A copy of the entire text of HR 3590 can be found at:

http://ourworld-top.cs.com/Adalawyer123/HR3590.htm

How HR 3590 will effect the current law and comments can be found at:

http://ourworld-top.cs.com/Adalawyer123/ADAbill.htm

III Hearing Information

Presently scheduled for: May 18, 2000 10 A.M.
Rm. 2141 Rayburn House Office Building

SUBCOMMITTEE ON THE CONSTITUTION
H2-362 Ford HOB
Tel: (202) 226-7680

MR. CANADY, CHAIRMAN

REPUBLICANS

Mr. Hyde
Mr. Hutchinson
Mr. Bachus
Mr. Goodlatte
Mr. Barr
Mr. Jenkins
Mr. Graham

DEMOCRATS

Mr. Watt
Ms. Waters
Mr. Frank
Mr. Conyers
Mr. Nadler

Contact information for all representatives is available at: http://www.house.gov/house/MemberWWW.html

++

05/07/00

To All DAC members/friends and handinetters:

DAC is proud to announce it's 1st anniversary since our inception last year on June 7th, 1999 as the official beginning date. Throughout the past year DAC has made tremendous strides in our actions and many renovations to it's website with more to follow. We have also tried to inform you of all the representatives in Virginia who have our best interest in mind along with those that don't.

Our numbers have grown by leaps and bounds far surpassing any numbers that I had in mind when creating DAC. I quit counting thousands of numbers ago but would guess that in Virginia alone we have somewhere between 400,000-500,000 readers, subscribers and friends, family, all of which are potential votes for future elections.

We anticipate our numbers will exceed 1 MILLION votes (that's One with a M) by the next gubernatorial elections. At the rate we are growing I know our voices will be a deciding factor for our next Governor and other state elected officials. This proves that the elderly, disabled and non-disabled in Virginia will be heard and alter the course of our future well being.

You'll note that DAC requests that NO donations are to be made and we have the new DAC Medical Supply Store which we sell products at "wholesale" prices to all. We are self-sustaining and soon will be able to help out those with immediate crisis needs without all the red tape the state offers.

Please keep checking as we continue updating our "Resource Guide" and other important links filled with tons of information.

I'd like to thank the many that contributed ideas, critiques', and criticisms to help keep DAC not only informative but effective as well. It's YOU, members/friends of DAC which has helped make us the success that we are.

Soon DAC will undergo another transformation by going nationwide and changing our name to DAC4US with "Charter Groups" starting in other states. We will certainly have a powerful impact on the 2006 Presidential elections with possibly several DAC members in positions of authority to make a positive change for all.

Again, thank you all for making DAC what it is today and please continue offering your comments to us. Happy Birthday to DAC and we wish it years of continued success. Remember, "Freedom, Independence, Choice, that is our battle cry and long may we fight and be heard through the power of our VOTE!

Sincerely Yours,

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737
Email: DAC4VA@aol.com

Note: If you received this mail by mistake or wish to be removed from future mailings just hit "reply" and type "unsubscribe" into to body. Thank you.

++

02/05/00

To All:

Today I learned that The Attorney General's office has reviewed my reply brief and has withdrawn its petition for appeal to the Virginia Supreme Court. That means the decision of the Court of Appeals stands and is now the law. Kessler Vs DMAS, Smith et.el. http://www.lweekly.com/vacoa/2397984.htm is now a firm case precedent!

It appears that the AG finally figured out that DMAS was not following their own guidelines set forth in filing an appeal. Isn't it sad when the Director of DMAS, Dennis Smith, and his predecessors don't even understand their own agencies guidelines?

If you feel you've been wronged by DMAS I encourage you by all means to appeal. DMAS expects you to give up by throwing all sorts of roadblocks in your way. You now have a case precedent which will help disallow DMAS from not hearing your case in Circuit Court. These are your rights so keep fighting until the Government finally realizes that we are here to stay and will NEVER give in.

I've tried the legislative system for making changes but mostly all of our state legislators haven't a clue as to the ongoings with DMAS. So now I've opened an alternative measure until we can educate our legislators. Please make use of the situation. Thank you.

Keith Kessler - Founder of DAC (disabled Action committee)
14405 Artery Ln#11
Dale City, VA 22193
703-878-1737

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