ADVOCACY TRAINING PACKAGE: An Updated Version of the Action Letter Portfolio

A Step-by-Step Guide to Advocating for Change for People with Disabilities

Updated by E Zhang

Original by Glen W. White, Richard Thomson, and Dorothy E. Nary

Acknowledgements

This Advocacy Training Package is an updated version of the Action Letter Portfolio developed by Glen W. White, Richard Thomson, and Dorothy E. Nary in 1998. In the 20 years since, the internet has changed our options for communicating, so this new version includes chapters on using email and social media to advocate for your disability-related concerns.

This update would not have been possible without the previous work by the authors and the expertise and assistance of a number of organizations and individuals.

Thanks to center for independent living (CIL) directors Ann Branden, Mary Holloway, and Mike Oxford for their cooperation and support in helping with the development and evaluation of the original Action Letter Portfolio.

Thanks to consumers from Independence, Inc. for their participation and feedback in the testing of this revised manual.

Special thanks to the following individuals who drew on their vast experience in independent living and advocacy to provide valuable manual input to both the Action Letter Portfolio and the current manual.

• Bob Mikesic (both versions)
• Mary Olson
• Stephanie Sanford
• Rosie Cooper
• Mike Oxford
• Barb Knowlen

I wish you success in your advocacy efforts!

© 2018

-E (Alice) Zhang

Produced by:

Research and Training Center on Independent Living The University of Kansas

1000 Sunnyside Avenue, Room 4089

Lawrence, KS 66045-7555

Phone: 785-864-4095

Email: rtcil@ku.edu Website: rtcil.org

The contents of this training manual were developed under a grant from the Dole Institute of Politics’ 2015 “commemorateADA” initiative through a gift from the General Electric Company. The contents of this training manual do not necessarily represent the policy of the Robert J. Dole Institute of Politics, and you should not assume endorsement by the same.

Table of Contents

Introduction: Be a Disability Rights Advocate

Chapter 1: Task Analysis of a Disability-Related Advocacy Concern

Chapter 2: How to Write an Advocacy Letter

Chapter 3: Practice Writing an Advocacy Letter

Chapter 4: Exemplary Letters

Chapter 5: Writing an Advocacy Email

Chapter 6: Making an Advocacy Phone Call

Chapter 7: Advocacy through Social Media

Chapter 8: Follow Up

Chapter 9: Facts and Figures

Chapter 10: Resources on Disability and Advocacy

Introduction:Be a Disability Rights Advocate

By E Zhang

1. Why do we need to advocate?

Being an advocate simply means that you know what change you want and how to speak up for it. For example, as a wheelchair user you can advocate for raising your work desk so you can get your legs under. Or, as a student, you can advocate for extra time to take a test or a private testing room because of needs related to your ADHD. Advocacy can range from fighting for your own interests and rights to doing systemic advocacy, where you are fighting for your and others’ rights (e.g., accessible public transit buses). Being a self-advocate is important for a person’s wellbeing and success. The skill of advocacy crosses sociodemographic characteristics of age, gender, race, ethnicity, education, and disability.

Being an effective advocate is especially important for people with disabilities, since we often face a variety of disability-related concerns to achieve greater personal dignity, choice, and independence. The passage of legislation such as the Americans with Disabilities Act (ADA) of 1990, the Fair Housing Amendments Act of 1988 (FHAA) and the Individuals with Disabilities Education Act (IDEA) of 1990 have granted people with disabilities new rights and protections. However, many attitudinal, economic, social and physical/environmental barriers continue to threaten their full participation to society.

For example, as a student with a disability, you may have experienced lower expectations from teachers. As a worker with a disability, you may have experienced struggles of obtaining and/or maintaining a job because of an employer’s unwillingness to provide reasonable accommodations. As a renter with a disability, you may have had difficulties with finding a home to accommodate your service animal. As a traveler with a disability, you may have stayed in many “so-called” ADA accessible hotel rooms that do not comply with ADA accessibility guidelines. As a consumer with a disability, you may have gone to restaurants where the restroom stall doors did not fully close, or where the toilets were too low, or too high, or the signs were not in braille. Most people with disabilities, whether physical or mental, visible or invisible, encounter prejudice or discrimination that makes life harder.

Given the barriers and challenges that individuals with disabilities face, we need to be vigilant to defend our own interests, and fight discrimination and inequality. We should and can learn to advocate for our personal and professional goals, and for others.

Laws are not effective unless they are enforced. In order for the ADA and other such laws to protect our civil rights, we must advocate for their use and enforcement. We need to learn how to bring our concerns to the attention of those who can affect change. While advocacy groups at the local, state, and national levels can address many of these concerns, individuals with disabilities can also make their voices heard to effect significant changes in their own neighborhoods and communities. In order to bring about change more quickly and efficiently, it benefits us to improve our personal advocacy skills.

2. How do we advocate?

To be an advocate, you have to think and act like an advocate. It may be true that some people are natural advocates, while others benefit from learning from more experienced people how to advocate. In order to learn more about advocacy, we conducted a focus group with well- seasoned disability advocates and sent out a national survey to disability rights advocates. We found that disability rights advocates used a variety of methods to advocate at both individual and systems levels. No one approach works for every kind of issue. Advocating with an office manager might take a different approach than meeting with a state legislator.

There are many different approaches to advocacy. There are the traditional and still commonly used advocacy methods such as writing letters, making phone calls, and having face- to-face meetings. For people more focused on systems advocacy, many still provide public testimony or hold demonstrations or protests, often with media involvement. Over the past two decades, since the Action Letter Portfolio was first produced, technology has greatly advanced the tools advocates can use. Email now allows advocates to send their messages faster, easier and more broadly. Social media such as Facebook, Twitter, and online petition websites allow advocates to potentially reach and involve a greater number of participants in a more rapid fashion. The prevalence of use of smart technologies such as smartphones allows people to capture, present and share issues or problems with digital evidence (e.g., pictures and videos) in a more straightforward and timely manner.

No matter what advocacy methods or modalities you want to use, research shows that there are some basic and common elements to make you a more effective disability rights advocate. First, you need to know your needs and rights as a person with a disability under different laws. Understanding and knowing how to exercise your rights can help protect your interests and guide you to be a stronger advocate. In many situations, explaining how a law applies to a situation can bring about cooperation more quickly than when a person is relying on people to make change out of common courtesy. For example, laws such as the ADA specifically require reasonable accommodation and give examples in the regulations and technical assistance materials. Knowing the laws and your rights makes it easier for individuals with various disabilities to advocate in different situations.

Chapter 9 of this manual provides an outline of the major components of the ADA and many other disability laws. You may browse through Chapter 9 first to familiarize yourself with these laws or refer back to Chapter 9 anytime during the reading. ADA regulations, Standards, technical assistance materials, and enforcement guidance are available online at ADA.gov. You can also call the ADA Information Line (800-514-0301 (voice) and 800-514-0383 (TTY)) to ask questions and request materials.

Do not be intimidated by the legal language. After reviewing the regulations and technical assistance, the law will be easier to understand. You can always seek assistance from advocates who may be more familiar with disability rights laws. You might find them by contacting disability related organizations such as the Center for Independent Living in your community.

Second, you need to know how to communicate. Knowing your needs and rights is important, and then you need to be able to tell others what those are. Specifically, it is important for you to develop communication skills that enable you to be assertive as you negotiate, persuade, listen, articulate, and compromise.

Finally, yet importantly, be part of an advocacy effort. You may start by advocating for your personal concern. Then you can also join a group or start a group to work on a disability concern if you want to advocate for others or for a cause that has the potential to affect a local, statewide or nationwide change. You may well find that group advocacy is more effective than advocating on your own.

You can find a CIL in your community by checking the ILRU Directory of Centers for Independent Living

In our discussions with experienced disability rights advocates, they also recommended some strategies that can help you become a more effective advocate:

• Do your homework on the disability concern for which you want to advocate. It is important to know the concern well so you can be ready to talk about it and answer questions.
• Be accurate about the disability concern. Get the facts right and do not exaggerate. This helps you build your credibility.
• Be assertive, not aggressive. No matter how you communicate your disability concern (e.g., writing a letter, making a phone call), remind yourself to be positive about the change you seek. It is easy to get frustrated and angry when you advocate, but do not let anger get in the way when you communicate.
• Use empathy. It is important for advocates to get the reader, listener, or viewer to empathize with our point of view. This kind of understanding can lead to acknowledgement that our advocacy issue may have legitimacy.
• Use personal stories. Personal stories are great for advocacy. By telling compelling personal stories, we can let people know that what we advocate for has a real impact on actual human beings. Personal stories combined with data can make your advocacy more effective.
• Communicate to the right person(s). It is important to identify the person who has the authority to make changes to your disability concern. We can waste a lot of time and effort when we communicate with people who cannot make the decisions.
• Ask for help. When you feel that you are having a difficult time making sense of something or moving forward with your advocacy, ask for help! Many disability rights advocates (e.g., Center for Independent Living staff) are out there and can be your resources.

What can you learn from this manual?

This Advocacy Training Package is based on the Action Letter Portfolio (ALP), a training manual developed in 1998. The ALP was created to help people with disabilities learn how to conduct task analyses of disability concerns and write effective advocacy letters to address those concerns. This current manual updates that content and adds several chapters and information areas to include current methods of advocacy, such as the use of email, social media and digital evidence. Below is an overview of this training manual.

• Chapter 1 provides information on how to conduct task analysis of a disability concern or problem. Knowing how to analyze a disability concern is the first step to better understanding your concern and starting advocacy communication actions (e.g., writing an email or letter, making a phone call, using any pictures or video taken for documentation).
• Chapter 2 provides information on how to write an advocacy letter by introducing the components of an effective advocacy letter and demonstrating how to write an advocacy letter responding to a disability concern scenario.
• Chapter 3 provides information and practice opportunities to write one advocacy letter responding to an exemplar scenario and another one responding to one of your own disability concerns. We provide an advocacy letter template to assist you in writing letters.
• Chapter 4 provides exemplar letters for you to review and apply.
• Chapter 5 provides information on how to write an advocacy email. You will learn how to send an advocacy email both with and without an attached advocacy letter.
• Chapter 6 provides information on how to make an advocacy phone call. You will learn how to convey your message effectively during your phone call.
• Chapter 7 provides information on advocacy through social media. You will learn about what social media is and how you can use it to advocate for your cause.
• Chapter 8 provides strategies on how you can follow up with your initial advocacy communication.
• Chapter 9 provides information on the basic content of disability laws such as the ADA and Fair Housing Act.
• Chapter 10 provides a list of disability-rights related organizations and their contact information. Individuals with disabilities may obtain assistance such as information and legal assistance for advocacy from these organizations.

Chapter 1: Task Analysis of a Disability-Related Advocacy Concern

By Richard Thomson and Rajasekhar Allada, revised by E Zhang

Task Analysis of a Disability Concern

To advocate for a disability concern, you need to fully understand what the concern is and be able to convey that to the people who can make needed changes. Before you take any other actions, you should conduct a task analysis of the disability concern by asking and answering sevenquestions:

A task analysis is the first step to taking advocacy actions. You can use it to see what the real problem is and to determine if there are ways to solve the problem at a personal or group- benefit level. In many cases, this analysis will help break the concern down into a clearly stated issue that you can challenge and influence a positive change. The task analysis can help prepare you to start the communication process (e.g., a phone call, an in-person meeting, a letter, an email) to bring about changes. Specifically, the task analysis will outline what to communicate to whom.

A task analysis example

1. What was the key disability concern? This is important in determining exactly what disability concern you will address. Is it lack of physical accessibility or employment discrimination or another issue?
2. How did/does the concern directly affect me? This is important in determining the focus of the advocacy. An advocacy action becomes more credible when the disability concern has a direct effect on the individual who is the advocate. However, this is not to say that group advocacy is not effective, or that only those who personally experience a disability concern can take action to address it.
3. Does this concern occur regularly or did unusual circumstances cause it to happen this time? This question may not always be relevant. When it is, however, it will help you to decide whether this is something that happened “just this once and may not possibly happen again,” or whether it is an ongoing issue that requires advocating for change.
4. Who or what is the cause of the concern, and who can help make the changes? The answer to this question will help you to determine to whom the advocacy should be directed. Think about the primary and secondary agents of change who can help solve the concern. Find out their names and contact information.
5. Is there a law or regulation that I can use to support a desired change? The answer to this question will help you develop solid reasons for your requested change. One reason people cannot ignore is that “the law requires” the change. If you are asking for something more than what the law requires, be honest about this and make a strong case for what is needed and why.
6. Is there evidence or other information that can support my advocacy? The answer to this question will help you develop solid reasons as to why this is a problem and/or support your claim that there is a violation of law. If yes, then you need to collect the evidence or information before you start communicating your request. For example, you might take some pictures or measurements of physical barriers. Pictures can be very powerful evidence to help make your argument more convincing. Be sure to take multiple angles/views when taking photos.
7. What changes do you want to see with the disability concern? The answer to this question will help you define the goal or end result of your advocacy. Do you want to see physical barriers removed or reasonable work accommodation provided? Be specific about the requested changes.

On March 5, Mark went to the newly built West Side Diner for supper. He had a hard time getting into the restaurant, as there was no curb ramp leading from the parking lot to the sidewalk. After getting in, Mark needed to use the bathroom. The bathroom interior stall door was too narrow for Mark's wheelchair to enter. The restaurant staff stated that there was no other bathroom available. Mark decided to wait to use the bathroom until he reached home, so he returned to his table where he endured slow service and poor food. After paying the bill that included an automatic 18% gratuity, Mark was angry and asked to speak with the manager. He explained to the manager that it was bad enough that the service was poor, but he found it intolerable that the new restaurant's restrooms were inaccessible for wheelchair users. The manager stated that Mark was treated no differently than the restaurant's other customers, and no one else had ever complained. Mark found out from the manager that the owner's name was James Smith.

The preceding scenario is an example of an occurrence that people with disabilities can encounter in their day-to-day lives. Title III of the Americans with Disabilities Act requires that newly built public accommodations be accessible according to the 2010 ADA Standards for Accessible Design. The ADA also requires that public accommodations that existed before January 26, 1993 must remove structural barriers when it is readily achievable to do so, which means easy to accomplish without much difficulty or expense. This will of course vary with the resource available to each business. Mark has many options open to him, but first he must clearly identify the problem and bring it to the attention of the proper authorities. The quickest way to resolve the problem may be to convince the restaurant owner to recognize the problem and voluntarily make the appropriate changes based on the ADA Standards. Mark must contact the owner to do this.

Task Analysis of Mark's Disability Concern

Mark conducted a task analysis of his disability concern by asking himself these seven questions:

1. What was the key disability concern? The disability concern Mark faced that evening was the lack of accessibility to the restaurant entrance and to the men’s restroom stall. The slow service and required tip were not disability related.
2. How did the problem directly affect Mark? First, Mark had a difficult time getting over the curb to go into the restaurant. Secondly, Mark could not use the interior restroom stall due to the narrow width of the stall door. Both barriers caused Mark great inconvenience and frustration. He could have faced social embarrassment and humiliation in a situation where he could not have waited to use the restroom.
3. Does this appear to be a regularly occurring problem or did unusual circumstances cause it to happen this time? Both of these issues are a permanent problem in the built environment, and will be present each time Mark visits the restaurant, until the building's restroom and the outside curbing become accessible.
4. Who or what is the cause of the concern and who can help make the changes? The restaurant owner James Smith would be the primary cause and agent of change of Mark's problem. Other potential agents of change include the architects who designed the building, and the city building inspector who signed off on approval of the building. The environment in and surrounding the restaurant was not wheelchair accessible, which was the central problem.
5. Is there a law or regulation that Mark can use to effect a desired change? Yes, Section III of the ADA requires that all newly constructed public accommodations must be accessible and the 2010 ADA Standards for Accessible Design have standards that the restaurant needs to follow.
6. Is there evidence or other information that can support Mark’s advocacy? Mark can go back to the restaurant, take a picture of the curb, and measure the width of the interior bathroom stall door to see if it complies with the 2010 ADA Standards for Accessible Design. (Even for older buildings, the 2010 ADA Standards requires that owners remove architectural barriers when it is readily achievable.)
7. What changes does Mark want to see with the disability concern? First, the owner should have a curb ramp (also known as a curb cut) with a 1:12 slope ratio installed for wheelchair users to gain easy access to the sidewalk from street level. Second, the restaurant needs to install a wheelchair-accessible interior bathroom stall door with a minimum clear width of 32 inches, so all patrons can use the facilities when needed.

Now that Mark has answered these questions, he should have a better understanding of his disability concern and the changes and outcomes he wants to occur. After Mark completed the task analysis, his next step was to share the task analysis results to the right people. He considered the different ways to advocate, including letters or emails, phone calls, face-to-face meetings, etc.

In the following chapters, we will share how Mark can communicate to the restaurant owner through writing a letter, writing an email, or making a phone call.

Chapter 2: How to Write an Advocacy Letter

By Glen W. White, Richard Thomson, Rajasekhar Allada, revised by E Zhang

Now that you have learned how to conduct a task analysis for your disability concern, it is time to start the advocacy process. You have many choices of communication, such as writing a letter, making a phone call, or scheduling an in-person meeting. In some cases, you might use multiple approaches to advocate for your disability concern. This chapter will specifically focus on how to write an effective advocacy letter.

With the prevalence of electronic communications today, letter writing is still important, especially for sending a serious message about your disability concern. First, writing a letter allows you to present your thoughts and concerns with clear and convincing arguments. You can create a document for reflecting on your statement and further edit it before sending. Second, your letters will serve as an important “paper trail” as you undertake advocacy efforts to resolve your concern. They can even serve as evidence if your advocacy efforts eventually lead to legal actions. By keeping copies of all letters you send to your identified agents of change, you can show a trend of continued non-compliance if that occurs. This will make your advocacy case much stronger and provide additional support if at some point a formal complaint needs to be filed.

General Strategies for Writing an Advocacy Letter

In addition to the strategies in the Introduction, here are some general strategies about writing an advocacy letter:

• Write businesslike letters:
  • Use a common 12-point font such as Times New Roman or Arial.
  • Make your margins 1” all around the paper
  • Make it single-spaced, with double spaces between different paragraphs.
  • Type or print letters.
  • Use quality paper that is white, if available. Avoid paper with cute decorations.
• Keep the letter short. One page, if possible. No more than 1.5 pages if you can.
• Be courteous. Even if you are writing about a concern, you can be courteous and should not sound “preachy.”
• Try to mention something positive about your experience (if any), while advocating for changing something negative with your intended agent of change/reader. For example, you can write, “I really enjoyed the food at your restaurant; however, the music was too loud for me to have a conversation with my friend as I wear hearing aids.”
• Emphasize the benefits of the changes, not only to you or other people with disabilities, but also to the intended reader. For example, making a business accessible will not only provide a better shopping experience for people with disabilities, but also potentially bring in more consumers with disabilities and their family members to build the business.

Components of an Advocacy Letter

An advocacy letter is one that clearly outlines a specific concern and a request for an action to address the concern. As an author, you should carefully organize your letter so it is easy to read and understand. The following list briefly describes each recommended letter component:

1. Date your letter. You should address your concern on a timely basis – that is, as soon as you have identified or experienced the disability concern. The date at the top of your letter will show the parties involved that you are documenting when you formally addressed your disability concern. It also starts the clock ticking as to the time in which you expect a response.
2. Inside address. Place the full name of the intended reader of the letter along with his or her title and the address at the beginning of the letter. You should always use the name and the title of the individual to whom you are writing, if possible, to show your respect.
3. Salutation. This is the greeting of the letter. It should be directed appropriately towards the individual addressed in the “inside address.” For example, if you were mailing the letter to John Doe, City Manager, Anywhere, USA, you would open the letter with “Dear Mr. Doe.”
4. Introducing yourself. Use the first two or three lines of the letter to tell briefly who you are and why you are writing.
5. Introducing the problem and presenting the evidence. Explain the nature of the problem in detail: what occurred, when it occurred, how it affected you and other parties involved, and any actions you may have already taken. Present or mention any evidence of the concern that you have collected.
6. Body of the letter. Provide the rationale for why there is a problem and what needs to be done to address the problem:
   • 1. Explain how this concern has affected you personally, and how this concern can affect others and the intended reader (agent of change).
   • 2. Cite any laws that apply to the situation you are presenting (See Chapter 9: Facts and Figures for more information).
   • 3. Suggest reasonable solutions for how to address the disability concern if appropriate.
   • 4. Offer yourself as a potential resource to contact if appropriate.
7. Closing the letter
   • 1. Wrap up the letter cordially with a brief review of the problem and your expectation about how the change agent will address your concerns. Emphasize the benefits of addressing the concern for multiple parties – you, the wider community, and the intended reader if possible. This will help finish the letter on a positive note.
   • 2. Choose a closing such as “Sincerely” or “Sincerely Yours” to express to the intended reader your strong interest concerning this disability concern.
   • 3. Add your signature. Leave four lines empty for your signature after the closing. You can sign the letter after you print it, or you can scan an image of your signature and affix it to this part of the letter. Black or blue ink is preferred.
   • 4. Include your typed name and contact information. Type your name, title, address, phone number, email address, and any other contact information you want to include beneath your signature.
   • 5. Make notes of enclosures. Note if you are enclosing additional documents for the reader to review. For example, “Enclosure: picture of the curb at the entrance.”
   • 6. Note that you are sending copies of the letter to other important and relevant people. Send a copy of your letter to secondary agents of change who will be interested in or able to help resolve your disability concern. You can type “cc:” below the “Enclosure” line or your contact information if there is no “Enclosure.” “cc” stands for “courtesy copy.” For example, cc: Bob White, City Building Inspector;Paula Martin, City Councilwoman, 2nd District
8. Mailing the letter. Before mailing the letter make sure that you:
   • 1. Proofread the letter (e.g., check for spelling and grammatical errors and neatness).
   • 2. Consider showing your letter to a friend for his or her feedback.
   • 3. Check for correct address and adequate postage.
   • 4. Make a copy to keep for your records (the copy may be very important for later advocacy actions).

Writing an Advocacy Letter: Mark's Example

Now that we know the components of an advocacy letter, let's take Mark’s problem and address each component of the letter as he chose to do.

Date your letter. Mark's letter should be dated sometime after March 5, the date his incident occurred. Mark will date his letter March 7, 2016.

Write the inside address. Mark will address his letter to the owner of the restaurant at the business address:

Mr. James Smith, Owner of Westside Diner
1600 Gerard Street
Anywhere, USA 66066

Salutation: Mark identified the owner's name so his salutation will read, Dear Mr. Smith:

Introducing yourself. Mark will introduce himself and give pertinent information as to why he is writing:

My name is Mark Post, and I am a wheelchair user. I am writing this letter to discuss some accessibility problems I encountered while dining at your restaurant.

Introducing the problem and presenting the evidence. Mark should relate the time of the problem and what occurred. Mark should also present or mention any evidence (e.g., measurement, pictures, and records) of the concern that he has collected. The previous introduction of himself should lead naturally into the problem:

On March 5, I went to your restaurant on Gerard Street and had a difficult time getting from the parking lot onto the sidewalk in front of your restaurant because there is no curb ramp to allow persons using wheelchairs to access the sidewalk from the parking lot. I’ve enclosed the picture of the curb entrance for you to review. Later I found myself unable to use the interior restroom stall door because it is too narrow (27 inches) for me to get in. At the time of the incident, I discussed my concern with Ms. Pam Barker, the shift manager, who suggested that I contact you since you are the owner of this business.

Body of the letter. Mark will now give supportive evidence and rationales as to why this problem is personally important to him and ideas as to how it might be solved:

It can be frustrating for a wheelchair user, like myself, to have several difficulties in one place of business. There are many wheelchair users and others with assistive devices like scooters and walkers, who like to go out to eat in our community. The physical barriers I have identified may be causing your business to lose other potential customers with disabilities. Even more importantly, the lack of accessible restroom stalls and a curb ramp from the parking lot to the sidewalk is not only an inconvenience – it does not comply with the Americans with Disabilities Act (ADA). The ADA includes a provision that all newly constructed public accommodations be accessible. The addition of a 1:12 ratio curb ramp, a clear door width of at least 32 inches in the restroom stall and other accessibility features that may be needed in the restroom will bring about compliance with the 2010 ADA Standards for Accessible Design. I am very interested and willing to provide you with more information regarding making your restaurant accessible, including tax incentives that may be applicable to help offset the costs.

Closing. Mark will wrap up the letter by reviewing the main points and stating his expectation that the owner will address his accessibility concerns. He will choose a closing, sign the letter, type his name, address and contact information under his name if not using letterhead. He will also indicate that he included some supporting documents as “enclosures.” Then he will make a note that he is going to send a copy of his letter to the city code inspector and to the executive director of the local independent living center:

In closing, I would like to stress that your restaurant is required to be accessible for everyone, including wheelchair users. These access changes will help increase access to your business by all potential customers. I look forward to seeing the changes in your restaurant so that my friends and I may enjoy frequent visits in the future.

Sincerely,

Mark Post
1300 Brown St.
Anywhere, USA 55501
Phone: xxx-xxx-xxxx; Email:markpost@xxx.com

Enclosures: Pages of 2010 ADA Standards for Accessible Design regarding curb ramps and restrooms and a picture of the curb at the entrance.

cc: Hal Jones, Chief Code Inspector, Anytown; Betty Smith, Executive Director, Tri-County Independent Living Center

Mailing the letter. Mark is now ready to proofread his letter, show it to a friend, make any needed changes, sign it and keep a copy, check for correct address, affix postage, and mail the letter to the appropriate people. Please see the next page for Mark's finished letter.

Mark's Letter

March 7, 2016

Mr. James Smith, Owner of Westside Diner
1600 Gerard Street
Anywhere, USA 66066

Dear Mr. Smith: 

My name is Mark Post, and I am a wheelchair user. I am writing this letter to discuss some accessibility problems I encountered while dining at your restaurant.

On March 5, I went to your restaurant on Gerard Street and had a difficult time getting from the parking lot onto the sidewalk in front of your restaurant because there is no curb ramp to allow persons using wheelchairs to access the sidewalk from the parking lot. I’ve enclosed the picture of the curb entrance for you to review. Later I found myself unable to use interior restroom stall door because it is too narrow (27 inches) for me to get in. At the time of the incident, I discussed my concern with Ms. Pam Barker, the shift manager, who suggested that I contact you since you are the owner of this business.

It can be frustrating for a wheelchair user, like myself, to have several difficulties in one place of business. There are many wheelchair users and others with assistive devices like scooters and walkers, who like to go out to eat in our community. The physical barriers I have identified may be causing your business to lose other potential customers with disabilities. Even more importantly, the lack of accessible restroom stalls and a curb ramp from the parking lot to the sidewalk is not only an inconvenience; it does not comply with the Americans with Disabilities Act (ADA). The ADA includes a provision that all newly constructed public accommodations be accessible. The addition of a 1:12 ratio curb ramp, a clear door width of at least 32 inches in the restroom stall and other accessibility features that may be needed in the restroom will bring about compliance with the 2010 ADA Standards for Accessible Design. I am very interested and willing to provide you with more information regarding making your restaurant accessible, including tax incentives that may be applicable to help offset the costs.

In closing, I would like to stress that your restaurant is required to be accessible for everyone, including wheelchair users. These access changes will help increase access to your business by all potential customers. I look forward to seeing the changes in your restaurant so that my friends and I may enjoy frequent visits in the future.

Sincerely,

Mark Post
1300 Brown St.
Anywhere, USA 55501
Phone: xxx-xxx-xxxx; Email:markpost@xxx.com

Enclosures: Pages of 2010 ADA Standards for Accessible Design regarding curb ramps and a picture of the curb at the entrance.

cc: Hal Jones, Chief Code Inspector, Anytown; Betty Smith, Executive Director, Tri-County Independent Living Center

[Enclosure: Pages of 2010 ADA Standards for Accessible Design]

Enclosure: Photo of curb without ramp or cut. 

Chapter 3: Practice Writing an Advocacy Letter

By Richard Thomson, Rajasekhar Allada and Glen White, revised by E Zhang

1. Practice Writing an Advocacy Letter

Now that you have learned the steps involved in writing an advocacy letter, you can practice writing one on your own by responding to the following scenario. When writing your practice letter, make up the date and addresses for Barb and the individuals to whom you are sending the letter.

Barb Davis is a 23-year-old recent college graduate with epilepsy. She controls her seizures with medication and leads an active life. On February 22, she applied for and obtained a job as an Inventory Control Specialist for The Morgan Company, a small appliance manufacturing plant with 30 employees that does subcontracting work for White & Decker. Her job involves maintaining an accurate count of the inventory of materials used by the plant workers to assemble small appliance products. Barb's job performance in her position has been satisfactory and she will receive her three-month probation review on May 20.

Barb is called in for a meeting with Mr. Hector Lopez from the Human Resources Department on April 20. Barb is excited because she thinks that the meeting's purpose is to take her off probation early because of the excellent job she has been doing. However, Mr. Lopez delivers the bad news---the plant is discharging her. Apparently after talking with Mr. Ira Miser, the plant's Director of Operations, there is excessive concern that Barb will have one of her “fits” and hurt herself by falling to the floor. Repeated incidents of these "fits" may drive up the costs of the plant's group insurance plan. Barb goes home devastated after cleaning out her desk at work. Barb felt that she was discriminated against by the company because of her disability. She decided to advocate for herself by writing a letter.

Now that you have the information, place yourself in Barb’s shoes and write up a task analysis of Barb’s disability concern. Please do your own work here; at the end of this chapter we will present a task analysis and advocacy letter for your comparison.

1.1 Task Analysis

TIP: When writing your task analysis, be as descriptive as you can; come to the point, but give sufficient information to add context.

1) What is Barb's main disability concern?

2) How does the problem directly affect Barb? (In her job? For her immediate future?)

3) Does this problem occur regularly or did unusual circumstances cause it to happen this time?

4) Who or what is the cause of the problem and who can help make the changes?

5) Is there an existing law that can be cited to advocate for a desired change?

6) Is there evidence or other information that can support Barb’s advocacy?

7) What specific changes does Barb want to see happen with the identified disability concern?

1.2 Writing the letter

Instruction: Please write a letter for Barb using the template below. You can click on the instructional text to enter your content. The entered content will replace the instructional text. The content in the brackets [ ] can be deleted if it does not apply to you. Otherwise, you can replace it with information that is pertinent to you (e.g., your phone number).

Date

Name, Title Company Street address
City, State zip code

Salutation such as Dear Mr. XX:

Introduce yourself by telling who you are and why you are writing, using two to three lines.

Introduce the problem and present the evidence: explain the nature of the problem in detail, what occurred, when it occurred, how it affected you, all parties involved, and any actions you may have already taken. Present any evidence of the problem that you have collected.

Body of the letter: Provide a rationale as to why the reader should work to resolve the problem. Explain how this concern has affected you personally, and how it can affect others and the target reader. Cite any laws that apply to the concern. Suggest possible solutions to the concern. Offer yourself as a potential resource to contact if appropriate.

Closing: Wrap up the letter cordially with a brief review of the problem and your expectation that the primary intended reader will take prompt action to address your concerns. Emphasize the benefits of addressing the concern for multiple parities, including the reader if possible.

Closing with expressions such as “Sincerely,” or “Thank you.” [Sign here]

Name, Title Street address
City, State zip code

[Email: example@example.com] [Phone: (000)-000-0000]

[Enclosures]

cc: name and title of people who you identified as secondary contacts

1.3 Example response of Barb

Let’s review Barb’s task analysis and advocacy letter responding to her dismissal from The Morgan Company.

1.3.1 Task analysis

1) What was Barb's main disability concern?

Barb's main disability concern is that she was fired for having epilepsy due to fears about her condition, even though she has performed the job satisfactorily. Barb lost her job based on her disability and not on her performance. Her disability did not pose an immediate risk to herself or others.

2) How did the problem directly affect Barb?

If termination from this job cannot be reversed, Barb would likely suffer a financial loss, personal humiliation, and possible difficulties obtaining future employment if this company provides a negative reference to other prospective employers.

3) Does this appear to be a regularly occurring problem or did unusual circumstances cause it to happen this time?

It would be a regularly occurring problem if the company has discriminated against other employees with disabilities. However, there is not enough information about the experience of other employees with disabilities of this employer to determine whether this is a one-time or regularly occurring problem

4) Who or what is the cause of the concern and who can help make the changes?

The cause of the problem in Barb’s case is the plant manager, Ira Miser. Although Mr. Lopez was the person who gave her news of the dismissal, it was Mr.

Miser’s decision to have her terminated. In this case, Barb would want to write to Mr. Miser as a primary agent of change about her unjustified termination. When identifying your primary contact with employment-related advocacy concerns, be sure to check out whether there is an established written grievance procedure in your company and use it accordingly.

In addition, Barb thinks that it can be helpful to write to the Morgan Company’s HR department since they are likely involved in all hiring and firing decisions, the Equal Employment Opportunity Commission, her State Disability Rights Office, her legislative representative, and the National Epilepsy Foundation.

5) Is there an existing law that can be cited to advocate for a desired change?

The company has violated Title I of the Americans with Disabilities Act, which prohibits discrimination in all hiring practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. In addition, an employer may not simply assume that a threat exists; the employer must establish through objective, medically supportable methods that there is significant risk that substantial harm could occur in the workplace. Barb was terminated because of her disability, not because of her job performance. It is quite clear that the company has no evidence that Barb poses a direct threat to herself or others. There were no documented examples of Barb having seizures at work; most of the concerns about her seizures were based on hearsay.

6) Is there evidence or other information that can support Barb’s advocacy?

First, Barb can show evidence of her attendance and punctuality at work and a report on the accuracy of the inventory control that she maintains. She can also present recent medical records and a letter from her physician stating that her seizures continue to be well under control.

7) What specific changes does Barb want to see happen with the identified disability concern?

Barb wants the company to correct their decision of firing her based on her disability and to give her job back to her.

Now that we have identified Barb’s specific disability concern, let’s start to write the actual action letter.

1.3.2 Writing the letter

April 21, 2017

Mr. Ira Miser, Director of Operations
The Morgan Company 1212 Main St.
Anywhere, USA 66100

Dear Mr. Ira Miser:

My name is Barb Davis and I have worked at your plant for the last two months as an Inventory Control Specialist. I have a college degree relevant to the area of inventory control and have been doing excellent work. I also happen to have epilepsy, which is controlled by medication and which is not relevant to the area of inventory control or to my current job. I am writing to discuss with you the fact that I was fired because of my disability.

On April 20, I was called into Mr. Lopez's office in the Personnel Department and informed that I was to be terminated. I was extremely upset to learn that you had based the decision to terminate me on my epilepsy and not my performance. Mr. Lopez explained to me that you were concerned I would have “fits” which could drive up the rates of the Morgan Company’s employee health insurance. I understand your concern for my personal safety and for the financial management of the company; however, as stated above, my epilepsy is controlled by medication. My enclosed medical records from last year can prove this.

I don't believe you will ever really comprehend how I felt when I was told that I was to be terminated. I actually believed that I was being called into Mr. Lopez's office to be told that my probation period was ending early due to the quality of work I had demonstrated. I truly feel that if you discuss with Mr. Lopez the quality of my performance, you would realize that you have just let go a valuable employee and would immediately wish to address my concerns. My epilepsy has not interfered with my job performance at any point in my academic or professional career. For you to base your decision on my epilepsy is not only wrong and unfounded, it is also illegal.

The Americans with Disability Act (ADA) specifically states in Title I that all hiring and “firing” practices are prohibited based on discrimination due to disabilities. What you have done is discriminate against me based on my disability, which is a violation of the ADA. I am in the process of retaining a lawyer and starting the necessary proceedings to get my job back.

However, I am writing this letter hoping that you will review your decision and rehire me because I am a valuable employee who has performed my job beyond company expectations. With regard to the insurance premiums, I think that you will find that the type of seizures I have will not place me, other employees, or the facility in any immediate risk of harm.

In closing, I hope that you understand that this letter is an attempt to avoid an unnecessary legal action. I enjoyed the work that I performed for your company, and would be happy to return to work. Reviewing this decision will not only be important to my career, but also help your company comply with the ADA. I hope that you will reconsider your decision and that we can settle this amiably without having to take legal action.

Sincerely,

{Sign here]

Barb Davis
1515 Downtown St.
Anywhere, USA 67612
barbdavis@gmail.com
Phone: (000)-000-0000

Enclosures: Medical records from 2016-2017

cc: Adrienne Tuttle, Region VII EEOC Information Officer Anystate Disability Rights Office; John F Smith, US Representative, 8th District; The Epilepsy Foundation

2. Writing your personal concern advocacy letter

After reviewing the presented disability scenarios, you have learned the basics on how to write an effective advocacy letter. Now it is time to start writing an advocacy letter about your own disability concern. Again, it is important that you recognize your personal needs and strengths, and your rights based on applicable disability rights laws. As a person who has personal experience with a disability, you are uniquely suited to identify relevant issues that affect you and/or other people with disabilities. Also, whether you are writing a letter or an email, remember to be courteous. Even if you are upset or angry about your concern, strive for a positive and constructive tone of voice. People are more likely to work with when you approach them with respect.

In this section, we will describe how you can personalize your advocacy letter to increase the likelihood of achieving your objectives.

2.1 Identifying your personal disability concern

When preparing to write an advocacy letter, it is important to define the issue you wish to address clearly. This is not as easy as it might seem. Some issues are very large and complex, such as employment discrimination against people with disabilities. Where does one start with such a general and overwhelming issue?

At the other end of the spectrum, some issues such as the lack of accessible faucets on a bathroom sink may seem rather insignificant. Yet, in each case, such issues will undoubtedly be of concern to some people with disabilities. This section will identify criteria you can use to identify a personal disability concern.

2.1.1 Identify an issue which is either very serious or irritating, and which occurs on a frequent basis.

For example, a serious issue might be the inaccessibility of a newly constructed government building, while a frequently irritating issue might be the lack of enforcement of accessible parking regulations. Not all issues are negative in nature. Some advocacy efforts can be in support of a positive disability initiative that may be at risk of losing funding. Whether a serious issue or a smaller annoying one, you must decide if this is an issue you wish to tackle by yourself or with others.

2.1.2 Determine whether this is a personal or systems advocacy cause.

Some disability concerns may be personal and only affect a specific person in a specific situation. For example, a person with a disability applies for a job and is discriminated against when the job is given to a less qualified non-disabled person. In this case, the individual would advocate using the ADA to address a personal concern. In another example, a wheelchair user cannot “weigh-in” each week as other members do after joining Weight Watchers because there is no accessible scale. Since this could affect many other members with disabilities, systems advocacy, where people unite, might be a more effective way to affect change.

In some other situations, addressing a personal disability concern might benefit many others as well. An example of this might be a wheelchair user who uses paratransit. The transportation system currently runs from 8 am to 5 pm, but the passenger wants to go out for evening or weekend excursions as well. The wheelchair user in this case could advocate for a change of schedule, but might have more success if she also asks others who use the paratransit system to join this advocacy effort. The critical weight/mass of multiple riders will be more compelling to the administrators of the paratransit system. This is how the advocacy group ADAPT helped get the American Public Transit Association to finally start ordering fixed route buses with kneeling lifts. Is your disability concern personal or systemic?

2.1.3 Clarify your concern(s) and break it down into a winnable situation.

Some disability concerns may be large and complex. Some may require a lengthy period to resolve. One other strategy can be to break the particular disability concern down into what Steve Fawcett (1991), in "Some values guiding community research and action." called “Small Wins,” that is, smaller goals or units of change that are more likely to lead to success. To do this, analyze your concern and determine which units are most important. Ask yourself,

1. Have I identified a specific disability concern in which action could be taken?
2. Have I identified specific actions that can be taken to address this issue?"
3. Is this something about which the person or organization I am writing to can do something?

If the answer to these questions is YES, chances are you have a potential winnable action issue.

2.2 Inserting convincing and accurate information in your letter.

Once you have identified the disability concern, it is time to write the letter. Strategies for writing advocacy letters discussed in previous chapters will not be addressed in detail here.

It is important that you provide reasons as to why you are addressing the issue to the identified person or organization. The letter should also include any relevant municipal, state, and federal laws that support your position. In some cases, the organization or person may be unaware that your disability concern is even a significant issue. On the other hand, the individual or organization may be reluctant to address a disability concern any more than necessary.

Identifying specific laws that they must comply with alerts them to a situation that could result in legal action. For your convenience, we have developed a section entitled “Facts and Figures” (see Chapter 9). This chapter provides specific information on laws and regulations that you can include in your letters to give them greater credibility and influence.

2.3 Selecting the most appropriate individuals for your action letter.

Identify the person who has the authority to make changes as your primary contact/reader. It is a good idea to go as high as you can go in the authority chain for change to happen. Additionally, it is a good strategy to send copies of your advocacy letters to other important and relevant people. This will increase the likelihood of a response from your primary contact. The next section will identify primary and secondary agents of change/contact to whom you should send your action letters.

2.3.1 Primary agent of change/contact

1) Identify the person with whom you have the most advantage. Sometimes you can more readily address a problem when you send your letter to a person that you know (e.g., a colleague in the construction and design department for an elevator that tends to be broken a lot). Or, you may have a mutual friend with the primary contact to whom you can refer to in your letter.

2) Go to the top whenever you can. The upper level staff of an organization are more likely to have the authority to change things and, therefore, may be more flexible in interpreting and implementing policies. Staff at the lower levels of an organization often do not have the authority to make decisions about organizational policies. Your time and resources are precious. Use them where they will do the most good – start at the top! You have to be realistic when starting at the top. It’s probably not the best idea that you have the initial contact with the Chief Executive Officer of an airline because your wheelchair was broken. But there is likely someone down the corporate ladder who can help you.

3) Select for empathy. When selecting your primary contacts, try to find individuals who may have experience with a disability. This may be a personal disability, or contact with family, associates, or friends who have some type of disability. Such experiences may have already sensitized the person to the needs of people with disabilities.

4) Think systematically. Have you captured the big picture in identifying your primary contact? For example, if you are working with a local franchise (one business that is part of a larger chain), you might contact the local manager first to describe your disability concern. If you do not get any response at this level, you might then contact the regional manager, and send a copy of your advocacy letter to the corporate (highest level) office. Officials in these offices want all of their franchise businesses to provide consistent services and products, and to maintain a positive community image. Thus, your actions at this level may trickle down in the form of orders from the executive offices for a local franchise to make specific changes in compliance with the ADA, or other requested accommodations.

5) Research the information. The telephone and internet can become your tools when trying to find the names of the individuals you wish to reach. Do not be afraid to call the manager and ask for the name and business address of the owner. Or try searching the contact information online. It may take some investigative work to find the individual who will be most effective in helping you; however, the time that it takes to research the information will be worth it in the end.

2.3.2 Secondary agent of change/contact

When writing to your primary contact, consider copying your letter to other influential secondary contacts6. By doing this, you let the person or organization with whom you have a disability concern know that others are aware of your request. Cautionary note: If you are writing a letter to a primary contact that is of a personal nature and could potentially be interpreted as slanderous (i.e., injurious to the reputation of the person you are writing), you may wish to seek legal counsel as to whether or not you should send copies to other people. These secondary contacts are likely to be interested in the action or non-action that the primary contact takes. This simple act of sending copies of your letters to secondary contacts increases the accountability of the primary contact to make a timely and positive response to your request. Depending upon the severity of the disability concern, you may wish to copy the letter to two, three, or four different individuals or organizations.

When copying people, be sure to indicate their position and organization so that the primary contact will know who else is informed of the matter. See the example below:

cc: R. Gutierrez, Director, Hispanic Health Coalition for the Rio Grande Valley; J.C. Lopez, Project Director, Latino Health Enterprises

1) Government Entities. Potential secondary contacts for this category include, but are not limited to the following entities:

2) Businesses. Potential secondary contacts for this category include, but are not limited to, Better Business Bureau, Chamber of Commerce, Corporate Headquarters, District Managers, Professional Trade Groups or Guilds of which the business may be a member.

3) Medical. Potential secondary contacts for this category include, but are not limited to, Council on Accreditation of Rehabilitation Facilities (CARF), State Medical Examiners, American Medical Association, State Medical Associations, and specific Medical Specialty Organizations (e.g., American College of Surgeons).

4) Disability Advocacy Organizations. Potential secondary contacts for this category include, but are not limited to the following:

• Centers for Independent Living
• ADA National Network and Regional ADA Center
• State Developmental Disability Councils
• State Protection and Advocacy Organizations
• Client Assistance Programs
• Paralyzed Veterans of America (PVA)
• National Council on Independent Living 
• Statewide Independent Living Councils
• Association of Programs for Rural Independent Living
• Americans Disabled for Attendant Programs Today
• The Arc
• National Disability Leadership Alliance
• American Civil Liberties Union
• Disability Rights Education Defense Fund

2.4 Sending your letter

Sending your letter to your intended contacts may seem easy enough; however, you should be aware of advantages and disadvantages of the different methods for sending your letter. We will discuss each briefly below.

2.4.1 First Class Mail.

This is the most common method of sending mail. If you are not in a hurry and the disability concern you are writing about is not critical, sending your letter by first class mail is a low-cost and effective choice.

2.4.2 Certified Mail.

This method virtually insures that the person to whom you are sending your letter will receive it. It provides proof of mailing, including time of mailing and the date and time of delivery or attempted delivery. Remember to request a return receipt to confirm delivery. You can choose this method if you want to ensure that your letter gets to its intended reader by a specific date.

2.4.3 Registered Mail.

Registered mail is very similar to certified mail, except that it also includes an option to purchase insurance in case the contents of the letter or package are destroyed or lost.

2. 4.4 Federal Express/UPS.

Federal Express (FedEx) or United Parcel Service (UPS) are other ways to get your letter and accompanying documents to the addressee in a timely manner. These services are more reasonably priced than they used to be.

2.4.5 Facsimile (FAX).

Most offices will usually have at least one FAX machine to serve its workers. Many printers or scanners now have fax capability. FAX machines are very flexible in that they allow graphics, tables, and text to be sent across the phone lines to the intended receiver. The transmission is immediate and the sender is notified if the FAX message did or did not get through to the receiver.

Cautionary Note: Sending a FAX is a less formal approach. This method does not guarantee confidentiality of your letter's content. Generally, letters of this nature are not sent via FAX, unless the receiver of the letter agrees to it. Also, note that sending a FAX to the primary contact does not guarantee that they will receive it.

2.4.6 Electronic Mail (Email).

Email is currently the most frequently used form of communication. It is fast and without any cost as long as you have access to the internet and a computer. Traditionally, mailing a letter shows a formal approach to communicating with others. It implies that you went through the time to type or write your letter, put it in an envelope, place postage on the envelope and mail it. However, with easy access to internet and other communication modes, some individuals opt for speed versus formality.

There are two different ways to send an email to advocate for your disability concern. You can either send an email with an attached advocacy letter or you can write your advocacy email directly in the text of the email. There is no evidence to determine which approach is more effective. However, one suggestion might be that if you want to send a more formal email, such as one with letterhead or signature, then you should send an email with the letter as an attachment. Some strategies for sending an advocacy email will be discussed in Chapter 5.

Now you will have a chance to write your own advocacy letter to address a specific disability concern you have. Remember that the first step in writing an advocacy letter is to perform the task analysis. If you need some assistance with this, turn back to Chapter 1.

2.5 Task analysis

1) What is your main disability concern?

2) How does the problem directly affect you?

3) Does this problem occur regularly or did unusual circumstances cause it to happen this time?

4) Who or what is the cause of the problem and who can help make the changes?

5) Is there an existing law that can be used to advocate for a desired change?

6) Is there evidence or other information that can support your advocacy?

7) What specific changes do you want to see with the disability concern?

2.6 Writing the letter

Instruction: Please write a letter for your own disability concern using the template below. You can click on the instructional text to enter your content. The entered content will replace the instructional text. The content in the brackets [ ] can be deleted if it does not apply to you.

Otherwise, you can replace it with content that is pertinent to you.

Date

Name, Title Company Street address
City, State zip code

Salutation such as Dear Mr. XX:

Introduce yourself by telling who you are and why you are writing, using two to three lines. Introduce the problem and present the evidence: explain the nature of the problem in detail, what occurred, when it occurred, how it affected you, all parties involved, and any actions you may have already taken. Present any evidence of the problem that you have collected.

Body of the letter: Provide a rationale as to why the targeted reader should work to resolve the problem. Explain how this concern has affected you personally, and how it can affect others and the target reader. Cite any laws that apply to the concern. Suggest possible solutions to the concern. Offer yourself as a potential resource to contact if appropriate.

Closing: Wrap up the letter cordially with a brief review of the problem and your expectation that the primary target reader will take prompt action to address your concerns. Emphasize the benefits of addressing the concern for multiple parities, including the target reader if possible.

Closing with expressions such as “Sincerely,” or “Thank you.” [Sign here]

Name, Title
Street address
City, State zip code
[Email: example@example.com] [Phone: (000)-000-0000] [Enclosures]

cc: name and title of people who you identified as secondary contacts

Chapter 4: Exemplary Letters

4.1 Accessible parking example

November 20, 2016

Mr. Robert Bruce, Manager Public Department Store
322 Main Street
Anytown, Anystate 33011

Dear Mr. Bruce:

I am a longtime customer and credit card holder at your store. I have always found excellent merchandise at a fair price at Public Department Store and, until recently, have always enjoyed good service. However, when I visited your store with my daughter yesterday, an extremely upsetting incident occurred. My 10-year-old daughter, Lori, uses a wheelchair and I drive a van with a side entry lift to accommodate her needs. Because your parking lot lacks accessible parking spaces, I had to park diagonally across two parking spaces to ensure that we will not be blocked in on the passenger side so that she can reenter the van when we finish shopping. Although I have spoken with store employees at the customer service desk several times in the past about the need for accessible parking in your lot, nothing has been done so I have felt justified in taking up two parking spaces to accommodate my daughter's needs.

Yesterday when we emerged from the store, we found a store security guard waiting at our van to inform us that he would call the police if it wasn't moved immediately. Apparently, he was angry because the parking lot was full and we were taking up two spaces. My daughter and I tried to explain our reasoning to him, but he became more loud and rude, and finally told us “my crippled daughter was not the store's problem.” Upon hearing this, we got into the van and left, as I did not want my daughter exposed to any more of this disgusting behavior.

I am writing to demand three things. First, a written apology from your store on behalf of this employee, who refused to give his name. Second, an assurance that you will provide your staff with disability awareness training to prevent incidents like this from happening again. Third, evidence of when Public Department Store plans to comply with the Americans with Disabilities Act by designating accessible parking spaces as required by law. If this modification is not prioritized and completed promptly, I will file a complaint with the U.S. Department of Justice and will work with advocates at Central Independent Living Center to publicize your employee’s lack of sensitivity and your store’s lack of adherence to the law.

I look forward to your prompt response regarding this very serious matter.

Yours truly,

Janet Best
3322 Flower St.
Anycity, Anystate 33011
Phone: 111-111-1111

cc: Joe Brown, Central Independent Living Center Susan Scott, Anytown ADA Coordinator

4.2 Disability policy example

Feb. 22, 2017

June Graham, Councilwoman
1029 Worthington Street
Westham, Anystate 10002

Dear Ms. Graham:

I am the parent of an adult with intellectual disability. My son will be affected by the proposed zoning changes involving rental properties in the city of Westham that you supported at last night’s city council meeting. I want to advise you of the difficulties that these changes will create for a significant number of citizens.

As I'm sure you are aware, there has been a movement to improve housing arrangements for persons with intellectual disabilities. This movement has fostered the development of homes and apartments integrated throughout the community, instead of the larger group homes and institutions which create segregation and stigma. For the last 18 months, my son, John, has shared an apartment near the downtown area with another man with whom he works.

These two men receive social support and supervision from a local agency, Community Supports. For the first time in his life, John has been free to do the things that he enjoys when he wants to do them, an opportunity he did not have when he lived in a group home with seven other adults.

Because of this housing change, John has improved his productivity at Pizza Hut, where he maintains the salad bar. He has been getting along better with his roommate, his support staff, his friends, and his family. He has also gotten to know some of his neighbors, who have been very friendly and helpful to him. In short, he has been a much happier and satisfied person since his living arrangements have allowed him the same privacy and choices that most other adults in society enjoy.

Unfortunately, due to the proposed zoning changes, rental of housing in John's neighborhood may be severely restricted. John may have to leave the apartment which is comfortable, affordable, and which is close enough to his job for him to walk to work. Because of the zoning change, John and others needing similar living arrangements are likely to have difficulty finding affordable, convenient housing. I fear that it may force many of these people to return to the group homes and institutional living arrangements that were so detrimental to their happiness and integration in the community.

Please reconsider your support for the zoning changes and consider those who need to rent apartments in these areas and who have worked so hard to become contributing citizens of this community. A policy that restricts safe, affordable housing for lifelong residents who have overcome many societal barriers cannot be a good one for the community. I look forward to receiving your response and to discussing this important issue with you.

Sincerely yours,

Marion Kaye
1110 Mason St.
Westham, Anystate 10002

cc: Larry Donnelly, Director, State Developmental Disability Council; Mary Black, Director, Anytown Arc

December 7, 2016

Representative Edward Main, District 30
585 South 19th Street
Anytown, Anystate 11111

Dear Representative Main:

My name is Joy Kent and I was born and raised in Anytown. I enjoy living in Anytown because people still smile and wave. I am 49 years old and I have severe major depression. Since age 10, I have had depression, but it has only been in the last 8 to 10 years that I was diagnosed with severe depression. I would really like to be working doing computer repair work, but my depression frequently gets in the way.

I use mental health and other health care services through Anystate Medicaid. Recent cuts to Medicaid services have limited my access to needed Psycho-Social Rehabilitation (PSR) services, and have eliminated my access to dental care. Without adequate PSR services, when my life goes into crisis the only support available is to send me to the behavioral health unit at the hospital. This has happened twice in the past year, and the cost to the state each time was about $48,000.

The last time I saw my dentist was three years ago. My teeth are cracking; I need new fillings. If my teeth don’t get some attention soon, I am afraid I must have implants or dentures, which costs so much more to the state than basic preventive care.

I am also very concerned about the change to Managed Care in Anystate Medicaid. I currently have a very good counselor and a very good PSR worker. Will I get to keep them as my service providers under managed care? Will there be an incentive for a Managed Care Organization to keep me out of the hospital and to do everything they can to keep me living in the community with the support I need to be healthy? These and other questions need to be answered for the new system to be effective.

I am asking that there be no more cuts to mental health services, that dental services be restored to adults with disabilities, and that we take our time with Managed Care to build a quality service delivery system for adults like me with mental health issues. I hope you can agree that there is a real problem in our state with the lack of mental health services, and that dental care is important to helping people remain healthy and productive. I ask that you be willing to work to resolve these issues this session, and I will do what I can as well. Peoples’ lives depend on it. I know mine does.

Please contact me if I can provide any further information that can assist you to perform this important work.

Sincerely,

Joy Kent
123 4th St
Anytown, Anystate 11111
Phone: 000-000-0000

4.3 Education example

October 16, 2016

Susan Sandford, Director of Special Education
Anytown County School District
5674 Brown Road
Anytown, Anystate 11001

Dear Ms. Sandford:

My son, Frederick Sutton, is a student at East Junior High School and has been classified as learning disabled for the past year. As his parent, I am very concerned that Frederick get a good education so that he can succeed in the future. My son enjoys school and especially enjoys being involved in the chorus and in sports.

As stated in his Individualized Education Plan, which was approved and adopted last May and which was to be implemented at the start of this school year, Frederick should have access to a computer each day during the time he spends in the resource room. He was to use this equipment to get help with his assignments in English Composition.

As of this date, he has not had access to a computer in the resource room and neither his teacher, Mrs. Abbott, nor the principal, Mr. Smith, can tell me when a computer will be available for his use. He is falling behind in his English Composition class, and I am afraid that it will become harder and harder for him to catch up with the other students in the class if he does not gain access to the computer specified in the IEP.

I am requesting that my son be given daily access to a computer in his resource room upon your receipt of this letter. I believe that his rights under his IEP are currently being violated by the school district, and I have been advised by an advocate from Schools Are For Everyone (SAFE), Meg Ferguson, that I should notify the Special Education Bureau of the State Department of Education if the problem is not resolved immediately.

I hope that you will work with me in this very important matter to ensure my son’s continued education.

Sincerely,

Paul Sutton
4411 Boone Ave.
Anycity, Anystate 11001
Email: pualsutton@example.com; phone: 111-111-1111

cc: Meg Ferguson, Schools Are For Everyone (SAFE); Brian Brown, Legal Services of Anytown County

4.4 Employment policy example

February 5, 2017

Mr. Todd Rice, Manager
Curley's Chicken Coop
1005 Grandview Avenue
Anytown, Anystate 44001

Dear Mr. Rice:

Today I visited your restaurant in response to your advertisement in the newspaper announcing an opening for a part-time bookkeeper. I have an associate's degree in bookkeeping, several years of experience, and excellent references. I would like to work about 20 hours per week, so I thought that this opening might be a great opportunity for me to contribute to your organization. I also happen to have a traumatic brain injury due to a car accident that occurred two years ago.

Unfortunately, my application for the position was refused. After filling it out, I met briefly with the employment secretary, Mary Sanders, who asked several questions about my physical appearance, my energy level, and my ability to get to work each day. Despite receiving my completed application and my resume outlining my qualifications for the job, she asked no specific job-related questions and focused only on personal issues that she seemed to feel would prohibit me from performing well in the workplace. Finally, she explained that she could not accept my application because it was a very small office and no one else would be available to do my work if I were absent.

I am writing to inform you that I view this as a very clear example of job discrimination due to my traumatic brain injury. I do not believe that a non-disabled applicant would have been asked the personal questions that were asked of me. Had Ms. Sanders been interested in my qualifications, she would have learned that, in addition to the items outlined in my resume, I had an excellent attendance record at my last job and my energy level has never been a problem at work, neither before nor after my injury. While my hemiplegia seemed to cause her concern, she should know that it is illegal to discriminate against a qualified applicant simply because she is uncomfortable with his or her appearance.

Please be advised that, unless I am given the same opportunity to be considered for this job as other qualified applicants, I will file a discrimination complaint against your business with the Equal Opportunity Employment Commission, the Department of Justice, and with the Any County Human Rights Division. I look forward to discussing my qualifications for this position with you, and ability to successfully carry out the duties for the part-time bookkeeper position.

Sincerely yours,

Donna Wright
2221 Main St.
Anycity, Anystate 44001
Phone: 111-111-1111

cc: Edward Dulles, Anycounty Human Rights Division

4.5 Health care example

September 6, 2016

Susan Westin, Consumer Relations Coordinator
Any Insurance Managed Care Plan
295 Commerce Plaza
Anytown, Anystate

Dear Ms. Westin:

I am a new enrollee of the Any Insurance Managed Care Plan who has quadriplegia. The reason for this letter is that my request to have a physiatrist serve as my primary care provider (PCP) under your health care plan was recently denied.

As my policy states that specialists may serve as primary care providers “at the discretion of the plan,” I am writing to point out the benefits, both for the plan and myself, of having a physiatrist, or rehabilitation specialist, direct my care. Please consider this letter a formal request for an appeal of this denial.

My health is very important to me, and I work very hard to maintain it. As an active person, I fulfill a variety of roles at home and in the community: wife, employee, board member, sports enthusiast, and church choir member. I can maintain this level of activity despite my disability because I take care of myself and because I choose medical providers who can assist me in these efforts by providing support, guidance, and up-to-date research-based information on best practices.

Several years ago, I was seeing a general practitioner as my PCP. I began to find reddened areas on my buttocks, but was assured by the PCP that “everyone who uses a wheelchair has them” and that if I didn't sleep in my chair overnight, I wouldn't have a problem. Three weeks later, I was in the hospital with a grade 3 pressure ulcer, missing three months of work and incurring over $55,000 in medical charges. I later learned that my provider had never treated a quadriplegic in his practice before, and that he knew very little about secondary conditions, such as pressure ulcers and urinary tract infections, that can affect people with spinal cord injuries if they do not safeguard their health with correct information, practices, and treatment. I am not saying that he was a bad doctor. I am simply stating that he shouldn't have been directing care for someone with a condition about which he knew very little, and both I and my health insurance carrier paid the price for his lack of judgment.

Since that time, I have been seeing a provider who specializes in issues of people with disabilities and chronic conditions. She is knowledgeable about the problems of people with paralysis, keeps current on the latest research findings, and helps me to stay exceptionally healthy and active. Because of this, I believe that she has saved me and my former insurance company many thousands of dollars in medical costs and produced better outcomes.

Therefore, as a new enrollee in your health plan, I request that I be allowed to choose a specialist as my primary provider. I am enclosing a supporting statement from my former physiatrist to demonstrate further the merit of my request. Should you need more information, please do not hesitate to contact me.

My thanks for your time and attention in this urgent matter. Yours truly,

Julie Wright
1177 Monroe St.
Anycity, Anystate, 00000
Phone: 111-111-1111

Enclosure: Support letter from Dr. Jane

cc: Cindy White, Central Independent Living Center; Joseph Jackson, Office of the Insurance Commissioner

4.6 Housing policy example

November 13, 2016

Jerome Travette, Travette Rental Realty
560 College Avenue
Anytown, Anystate

Dear Mr. Travette:

I am writing regarding some information that I received from one of your rental agents, Mr. Bob Stearns, earlier today. I was recently transferred to the Anytown office of my employer, Brooks, Inc., and I contacted your agency to search for an apartment. As a person who experiences post-polio syndrome and who ambulates using forearm crutches, I am seeking housing that will meet my accessibility needs, is affordable, and is located within a few miles of my workplace.

Upon being shown an apartment at 104 Magee Street that is both affordable and conveniently located, I was dismayed to learn from Mr. Stearns that he would consider it a problem if I leased the apartment and subsequently installed a handrail at the front entrance at my own expense. Mr. Stearns would not give a reason for this denial, but made it clear that I could not make this minor alteration to increase accessibility.

As one of the largest rental firms in the area, I am sure that you must be familiar with the Fair Housing Amendments Act of 1988. In addition to prohibiting discrimination in housing, this federal law prohibits landlords from refusing to let tenants make reasonable modifications for accessibility at their own expense. I am sure that a railing on a set of steps would be considered a reasonable modification by anyone charged with enforcing this law.

Therefore, I would like to meet with you at your earliest convenience to discuss this situation and your rental policies in general. I have asked a representative of the local Fair Housing Board to join us and to provide reference materials. I am hopeful that we can work cooperatively to resolve this issue, and ensure equal housing for citizens with disabilities through your firm in the future. I look forward to hearing from you.

Respectfully yours,

Tom Johnson
5512 Green St.
Anycity, Anystate
Phone: 111-111-1111

cc: Mr. Ernest Frey, Fair Housing Board of Anycounty Ms. Julie James, Independence for All, Inc.; Ms. Cynthia Sweet, HUD Regional Office

4.7 Insurance issues example

July 22, 2016

Mr. Robert Fernwood, Chief Executive Officer Fernwood
Insurance Agency
22 Dayton Avenue
Anytown, Anystate

Dear Mr. Fernwood:

Yesterday I called your agency about auto insurance for my vehicle. I have an excellent driving record and have never had difficulty obtaining insurance coverage in the past. However, as a person with epilepsy who has recently been given medical clearance to drive again, I believe that I was treated in a discriminatory manner.

I requested that your agent, Mr. Burns, quote me a price for one year of liability insurance for my 2010 Dodge Caravan. When he asked what company had issued my current policy, I explained why I had not needed coverage during the last year. Upon learning about my epilepsy, Mr. Burns insisted that any liability policy that I purchased would have a surcharge because of my increased potential for accidents. Although I explained that I had been given medical clearance to drive because I had been free of seizures for the required period of time, your agent insisted that my policy would cost more.

My call to the state insurance commissioner's office today confirmed that it is illegal and discriminatory to charge a qualified driver more for an insurance policy simply because he or she has a disability.

Please contact me at your earliest convenience to assure me that your agents have been given accurate information about auto insurance rates for people with disabilities and that they will no longer attempt to discriminate on the basis of disability. Perhaps when this serious issue has been resolved, we might be able to discuss my insurance needs.

I can be reached at 999-799-2652 most days.

Sincerely yours,

James Carver
4466 North St.
Anycity, Anystate

cc: Jane Brown, State Insurance Commissioner

4.8 Media portrayal of people with disabilities example

March 3, 2016

Bonnie Shelton, News Director
WBZY
221 Maine St.
Anytown, Anystate 11101

Dear Ms. Shelton:

As a person with the psychiatric disability of bipolar disorder, I am very concerned about the way people with such conditions are portrayed in the media. Too often we are negatively and collectively stereotyped, rather than accurately portrayed as individuals who might be your family member, your neighbor, or your co-worker. Unfortunately, your Monday evening program contributed to this negative stereotype of persons with psychiatric disorders.

In stating that a woman had been reported to the police as missing by her family, the reporter stated that she was a patient at the state hospital “and could be dangerous.” As no other information or evidence of violent tendencies on the part of the missing woman was given, I suspect that this warning was a product of the reporter’s own misperceptions and ignorance regarding psychiatric disabilities.

This is distressing in and of itself, but when one considers the power of the media in shaping public opinion, it is a very serious problem. Media professionals have a responsibility to report the news fairly and accurately; the type of uninformed editorializing very likely represented by this reporter’s statement does a tremendous disservice to those of us who live with psychiatric disabilities and must contend daily with the stigma associated with these conditions. I suggest a helpful product to help inform your staff members about proper media portrayal. I suggest that you download a copy of the Guidelines: How to Write and Report About People with Disabilities, available through the Research and Training Center on Independent Living. You can link to this resource by going to the following URL: http://rtcil.org/products/media.

Please remind your staff of their responsibilities in reporting on people with disabilities, and arrange for some awareness training if it is warranted. Central Center for Independent Living or the local mental health association provides these services. I look forward to observing a higher level of professionalism at WBZY in reporting on disability issues in the future.

Sincerely,

Nancy Willets
8803 12th St.
Anycity, Anystate

cc: Karen Robinson, Central Center for Independent Living

4.9 Personal assistance service example

July 22, 2016

Julie Randolph, Executive Director
United Home Health Agency
41 Delta Way
Anytown, Anystate

Dear Ms. Randolph:

My name is Mark Simons, and I have been using the services of your agency for the last five months. As a person living with AIDS, I try very hard to preserve my health and to enjoy life day-by-day. Lately, this has been more difficult than usual because, after four months of very good homemaker services provided by United Home Health, the services during the last three weeks have been very unsatisfactory.

When I first signed a contract with United to provide services covered by Medicaid, I worked with your social worker, June Farrell, to develop a homemaking task plan that would be used by the aides. This plan worked very well from March to June as the aides sent were extremely professional and conscientious about performing the tasks in the plan as requested.

Beginning this month, however, I was assigned two new aides who have not performed adequately. Problems have occurred in housecleaning, including failing to wet mop the bathroom floor on a weekly basis; in shopping, such as purchasing foods that are not on the shopping list and to which I have an allergy and cannot eat; and preparing foods, such as frying foods that I requested be broiled for health reasons.

Although I have discussed the problems with the aides themselves, and also reported them to the Manager of Homemaker Services, Anita Held, the situation has not improved. I was advised by June Farrell to contact you and to formally request, as provided for in my contract, that I be assigned different aides who will follow the homemaking task plan more closely.

I would appreciate hearing from you at your earliest convenience that my request will be addressed within the next two weeks. Because of the excellent service that I have received in the past, I prefer to continue with your agency and work cooperatively to address this issue. Thank you for your time and attention in this very important matter.

Sincerely yours,

Mark Simons
7902 Maryland Ave.
Anycity, Anystate

cc: Jerome Berger, Area Medicaid Manager; Ann Burton, Anycounty AIDS Resource Center

4.10 Public access example

Jan. 12, 2017

Tom Klein, Executive Director
The Music Center
1600 Smart Dr.
Anycity, Anystate 111111

Dear Mr. Klein:

We are Access Task Force, an advocacy group committed to making our city more accessible to people with disabilities. We are writing to discuss some accessibility issues of the Music Center with you.

Some of our members have experienced some difficulty opening the bathroom doors in the Music Center because of the opening force. Specifically, Judy spoke with one of your staff members, Mr. Cook, and he suggested that we should contact you.

During a visit to the Music Center on January 9th, we measured the force required to open the bathroom doors using a CRL door pressure gauge. On the ground floor, the women’s restroom door required 18 pounds of force to open it. The men’s restroom door required 17 pounds of force to open it. On the lower level, the women’s restroom door required 13 pounds of force to open it. The men’s restroom door required 14 pounds of force to open it. However, the 2010 ADA (Americans with Disabilities Act) Standards for Accessible Design specify a 5-pound maximum:

404.2.9 Door and Gate Opening Force. Fire doors shall have a minimum opening force allowable by the appropriate administrative authority. The forces for pushing or pulling open a door or gate other than fire doors shall be as follows:

1. Interior hinged doors and gates: 5 pounds (22.2 N) maximum.

2. Sliding or folding doors: 5 pounds (22.2 N) maximum.

Please either adjust or replace the door closures on the women’s and men’s restroom doors on each floor where accessible restroom are provided, so no more than 5 pounds of force is required to open the doors. If that is not possible to achieve through adjusting or replacing the door closures, then a suggested solution is to install full-powered automatic doors, or low-energy or power-assisted doors that meet ADA specification 404.3. This would result in the greatest degree of accessibility for everyone. We would be happy to meet with you and discuss this further.

Overall, accessibility for people with disabilities at the Music Center is very good. Making the bathroom doors easier to open would make your center even more accessible. We believe improving accessibility at the Art Center will benefit your customers and your business.

Thank you for time and consideration. We look forward to your reply.

Sincerely,

Lena Smith, Access Task Force member
120 Washington Street,
Anycity, Anystate 111111
Email: accesstaskforce@example.com Phone: 111-111-1111

cc: Tina Bush, ADA Coordinator of Anycity

June 30, 2016

Sam Bigelow, Airport Operations Manager Aviation Department
Anycity International Airport
Anycity, Anystate

Dear Mr. Bigelow:

Like other business people in this area who travel frequently, I pass through Anycity International Airport several times each month. As a wheelchair user, I have been pleased to note recent improvements in accessible parking.

However, I continue to be concerned and frustrated with the lack of accessibility in the public restrooms. While the soap dispensers have been lowered to make them reachable by people in wheelchairs, the accessible toilet stalls remain unsafe and unusable by many people with disabilities. The width of the stall, the placement of grab bars, and the height of the toilets themselves do not comply with state and federal accessibility regulations, and this lack of compliance constitutes a hardship for those who need these features. When one considers that many people with disabilities have come from or are headed to aircraft which have inaccessible restroom facilities, the need for accessible toilet stalls is very clear.

Specifically, I would like to know what timelines and plan of action will be taken to make the stalls accessible. I understand from previous conversations that you put contracts out for bid. I understand also that such modifications constitute a large expense for an airport with so many terminals. However, it would make sense to begin the process by modifying restrooms located near the busiest gates, such as those used by Delta, Southwest Air, and American Airlines.

I would appreciate hearing how you plan to address this problem soon. Colleagues of a local center for independent living and I are ready to provide technical assistance upon request. We have included some accessibility information on restroom access with this letter. If I do not hear from you within the next two weeks, I will feel that it is necessary to file a formal complaint with the United States Access Board. I look forward to working with you to remedy this urgent problem.

Sincerely,

Greg Black
3388 NW 20th St.
Anycity, Anystate

cc: John Quinn, Central Independence Center, Inc.; Diane Post, Anytown International Airport; Jennifer Kelly, Office for People with Disabilities

4.11 Social services example

December 2, 2016

Mark West, Commissioner of Social Services
Anycounty Department of Social Services
5129 Route 9
Anytown, Anystate

Dear Mr. West:

I am a 62-year-old widow who has bad vision and emphysema. I live alone. My food stamps were recently cut off. I am writing because this decision is wrong.

Earlier this year, my son spent three months living with me. At this time, my food assistance was stopped because his income raised my household income too high to receive food stamps. When he left in early June, I called my caseworker to report the change in my income. My caseworker said okay, and I had my food stamps back in July.

About two months ago, my son came to visit me for just one week. My caseworker stopped by during this time and decided to stop my food stamps again. However, my son was just visiting, not living here, and he didn't give me any money. He has not been here since the first week of October, yet I am still without food stamps and am having a hard time making ends meet.

My case number is D456093 and I would like a fair hearing on this issue. Please check into my problem as soon as possible and help me to get my food stamps back. As I have no phone now, you can contact me by mail.

Thank you,

Mrs. Alma Jones
8855 Lily Lane
Anycity, Anystate
cc: Mr. Kevin White, Action for Older Persons

4.12 Telecommunications example

March 23, 2016

Mr. John Holt, General Manager
Mega Motor Corporation
2203 Iowa Street
Anytown, Anystate

Dear Mr. Holt:

I am a deaf person who has bought two cars from your company. I bring my cars to you for servicing most of the time. Last week one of my cars was not running well and I had to bring it in to your garage, since it has a warranty. My car is now fixed and I am happy with it, but that is not the problem.

I called your service department to make the appointment and talked for a long time with the service manager. He asked me many questions about what was wrong with the car and I tried to explain the problems. He used some words about auto mechanics that I did not know, and he explained the meaning to me. Our call would have been easier and faster if you had a TTY in your office. A TTY is a device that deaf people use to talk by phone. I called your company through the relay service run by the phone company. But it takes longer to talk on the phone when a third person, the relay operator, has to be in the middle. Also, I called the relay service three times before I could get a relay operator to help me because they were so busy with many calls.

I would like to request to communicate with your staff by text messaging. This current technology is efficient and if we could communicate that way it would eliminates the need to for you to have a TTY. To do so, I would need a cell phone number from your company.

Please text me via 000-000-0000 if you would like to discuss in more detail. I thank you for your time.

Sincerely,

Mary Rockland
1002 Brooklyn St.
Anycity, Anystate

4.13 Transportation example

January 12, 2017

Mr. George Hall, Consumer Services Manager
Bell County Consolidated Transportation Program
1246 Power Road
Anytown, Anystate

Dear Mr. Hall:

I am a legally blind person who relies on the Bell County Consolidated Transportation Program on most days to travel to work, to recreational sites and medical providers, and to other destinations in the community. I feel fortunate to live in an area with adequate transportation that helps me get around to do most of the things I want to do despite my vision impairment.

This week, however, I have had difficulty in accessing buses at my usual bus stop, which is at the corner of Main and Westbrae. Today and yesterday, the shelter at this stop has been filled and surrounded by snow that was pushed there when the road was plowed by the city. Thus, I was not able to get close to the curb where I usually wait for the bus. The bus driver apparently did not see me and, apparently, with no other riders waiting, did not stop to pick me up. When this happened yesterday, I waited quite a while and then was fortunate to get a ride from a neighbor who happened to see me on his way to work. I called your office to report the problem, and was assured that the shelter would be cleared and that both the city maintenance department and that driver would be told of the incident. However, with another snowfall last night, the same thing happened this morning.

I am now registering a formal complaint with your office and asking that you address this issue immediately as I feel that it violates my civil right to equal access in transportation. I realize that snow can create a problem in many ways for transportation systems. However, I feel that if I can manage as a blind person to get to the stop, then the transportation system should be able to figure out a way to pick me up. Since the bus stop has never been snowed in before, I think that someone in your office needs to connect with someone in the city maintenance division to work out a different plowing pattern so that the shelter and bus stop remain usable for those who need to be picked up there.

Please contact me at a suitable time to let me know that the problem has been resolved so that I can plan to get to work on time in the future. I look forward to hearing from you that the transportation system is again equally accessible to all.

Sincerely yours,

Harry Helmut
3541 McGee St.
Anycity, Anystate

cc: John Monroe, Bell County ADA Coordinator; Janet Bartholmew, Central Independence Center

4.14 Vocational rehabilitation services example

May 10, 2016

Mr. John Smith, Area Manager
Anystate Department of Vocational Rehabilitation (DVR)
10 Main Street
Anytown, Anystate

Dear Mr. Smith:

My name is Jane Johnson and I am a client of your office of the Anystate Department of Vocational Rehabilitation. I am a C4 quadriplegic who is pursuing a graduate degree at the University of Anystate, and who has received financial support from DVR toward this goal. I am trying to acquire an accessible vehicle so that I can fulfill my educational requirements. Recently I received a denial from your office for my request for adaptive driving equipment, and I am writing to request a fair hearing of this decision.

First, the federal Rehabilitation Services Administration (RSA), which oversees your agency, issued a regulatory memo several years ago, stating that, “Van modifications are a rehab technology service, and are no longer to be considered as transportation services issues.” In other words, the decision to fund this technology must rest on the individual’s need for the technology, not on the person’s access to alternate transportation. Your letter states that funding for the purchase of driving equipment is not “economically feasible,” as you had made a phone call and found out that the university has accessible transportation services available for one dollar per ride. This decision clearly conflicts with federal policy. The RSA policy also states that cost is not to be a factor in determining whether to approve an item such as driving equipment. My request should have been approved per the federal policy.

Second, I must emphasize that my future educational and employment success depends on my access to transportation. As a student and research assistant, I must be able to collect data and attend meetings at several research sites in neighboring cities in the evenings and on weekends, as well as on weekdays. I must also be able to travel to conferences in and out of state, which can mean travel to conference sites within driving distance, or to and from the airport. My ability to acquire research skills and to earn my degree depends on my ability to access the same opportunities as other graduate students, which will not occur if I have to rely on transportation available only in a limited area and only on weekdays. As my educational level increases, I have increased need for personal transportation so that I may fulfill the increased responsibilities that I am expected to assume.

Please consider this letter to be a formal request for a fair hearing of the above decision. I look forward to prompt notice of the date, time, and place. I have appreciated the vocational assistance that I have received and will continue to receive from your agency, and the excellent relationship that I have experienced with my counselor, Bob Brook. I look forward to obtaining my own accessible transportation so that I can successfully complete my education and become a self-supporting member of society.

Sincerely yours,

Jane Johnson
6600 Zimmer Ct.
Anycity, Anystate

cc: B.W. Simmons, Client Assistance Program

Chapter 5: Writing an Advocacy Email

By E Zhang

Now that you have learned how to write an advocacy letter, it will be easier for you to write an advocacy email. The main difference is that if you choose to send an advocacy email without an attached letter, you will state your concerns directly in the body of your email.

It is not clear which approach is better, so you can decide if you want to send a formal letter, possibly on letterhead, or an email instead. However, there are some unique characteristics to sending an advocacy email that don’t apply to an advocacy letter.

1. Prepare to send an email

Before getting into writing an advocacy email, we need to prepare. First, do you have an email account? Do you know the email address of the primary and secondary contacts of your advocacy email?

1.1 Set up an email account if you do not have one

Email is one of the most popular communication methods today. It is easy to send and there is no additional cost if you already have access to internet. Therefore, if you do not have an email account yet, it’s the right time to create one. If you don’t know how to set up one, please see “How to Create an Email Account” to learn how to do so. One suggestion is that your email address should be professional and simple. In other words, complicated or funny email addresses (e.g., yougogirl2141@mail.com or Ilovebeer@wohoo.com) will not help build a positive first impression.

1.2 Identify the email addresses of primary and secondary contacts

Just as you need to know the physical address of someone to send a letter, you need to know the email address of someone to send an email. The simplest way to find an email address is to ask for that information if you know how to contact that person by phone or in person. The internet is also a great tool for finding contact information, including email addresses. Put the person’s name and other identifiable information (e.g., workplace) in a search engine such as Google. You may find the information you need if that person’s contact information is public (On organizational websites, emails are often listed on the “About” or “Contact” pages.) You can also try to find the contact information through email address directories such as Address Search. However, be aware of the possibility that you will send your email to a wrong person with the same name.

2. Send an advocacy email

2.1 Overview

Now that you’re prepared, let’s learn how to write and send your advocacy email. The general strategies of writing an advocacy letter we discussed earlier apply to an email as well. In general, write a business-like email, be concise, and be courteous. You can write and send an email by following seven steps that we demonstrate using Gmail as an example. See the screenshot of a Gmail interface below.

Steps:

1. 1) Click the button that allows you to compose a new email, such as "new email" or "compose."
2. 2) Enter the email address(es) of the primary contact(s) in the address bar named "To."
3. 3) Enter the email address(es) of the secondary contact(s) in the bar named "cc".
4. 4) Enter a subject in the subject bar: The subject needs to be short and accurate. It should reflect the key content of your email.
5. 5) Type the message you want to send in the "body" field. You can write a short email if you decide to attach an advocacy letter. You can also write your advocacy letter message in the body of the email.
6. 6) Insert attachment(s) such as documents, pictures, videos. The attachment function allows you to attach your letter and any visual, audio or video evidence. Make sure your attachments are in commonly used file types like Word, PDF, and jpg.
7. 7) Review and send your email. Review your email for any spelling, grammar or formatting issues, then click the "send" button.

2.2 Send an advocacy email with an attached letter

If you want to send an advocacy email with an attached letter, you just need to write an advocacy letter as discussed in Chapters 2 and 3, and attach it to an email. The body of the email should only be a short summary of your letter and serves to refer the reader to open the attached document. The following list will briefly describe the components of an advocacy email with an attached advocacy letter.

A. Enter the email address(es) for the primary contact(s). Enter the primary contact(s)’s email address(es) in the address bar named “To.” You can email one or multiple primary contacts in one email.

B. Cc (send a copy to) the secondary contacts. Enter the secondary contact(s)’s email address(es) in the address bar named “cc.” You can copy one or multiple secondary contacts who will be interested in helping resolve the concern described in your email and letter. (The letters “Bcc” stand for “blind carbon copy,” which means that the primary contact does not see this person’s address.)

C. Subject line. Enter a short and clear subject for your email. It should reflect the key content of your email. For example, “Accessible parking problem at XX Store” if you are writing about an accessible parking issue at a certain store. This way, the reader can quickly get an idea about the email content and realize that it is a serious issue rather than spam (or junk) mail.

D. Salutation. This is the greeting of the email. As in a letter, you should address appropriately the individual(s) named in the “To” address bar. For example, if you email John Doe, City Manager of Anytown, you would open the email with “Dear Mr. Doe.” If you also want to include Susan Smith, the ADA Coordinator of Anytown, as a primary contact, then you should open the email with “Dear Mr. Doe and Ms. Smith.” You do not need to address any individuals who are copied on the email, but if you wish, you can mention in the body of the email that you have copied them.

E. Body of the email.

1. Introduce yourself. Use one or two lines to tell who you are briefly.

2. Introduce the problem. Use one line to tell why you are writing.

3. Refer to the attached advocacy letter and other attachments. Use one or two lines to refer the reader to the attachment. For example, “Please see the attached letter named Accessibility Concern Letter.”

F. Closing the email:

1. Wrap up the email by stating your expectation that the contact person(s) will address your concerns.

2. Choose a closing such as “Sincerely,” or “Sincerely Yours.”

3. Type your full name and contact information. Give your name, title if appropriate, address, phone number, and any other contact information you think necessary.

4. Insert attachments including the advocacy letter and other files such as pictures, videos, and documents. Name your files to reflect their content so it will be easier for the reader to refer back to them.

Mark’s example

Do you remember Mark from Chapter 1 and other chapters? He has an advocacy issue about the outside entrance and the bathroom accessibility at the West Side Diner. He wrote an advocacy letter to Mr. James Smith, the owner of the restaurant, and decided to send it via an email. First, he found the email addresses of Mr. Smith and the secondary contacts online.

2.3 Send an advocacy email alone

If you want to send an advocacy email without an attached letter, you can write an advocacy letter first, then copy and paste it into the body of your email. Alternatively, you can compose it directly as an email. The following list briefly describes the components of an advocacy email:

A. Enter the email addresses for the primary contacts. Enter the primary contact(s)’s email address(es) in the address bar named “To.” You can email one or multiple primary contacts in one email.

B. Cc the secondary contacts. Enter the secondary contact(s)’s email address(es) in the address bar named “Cc.” You can copy one or multiple secondary contacts who will be interested in helping resolve your disability concern.

C. Subject line. Enter a short and clear subject for your email. It should reflect the key content of your email. For example, “Accessible parking problem at XX Store” if you are writing about an accessible parking issue with a certain store. This way, the reader can quickly get an idea about the email content and realize that it is a serious issue rather than spam (or junk).

D. Salutation. This is the greeting of the email and should be addressed appropriately to the individual (s) named in the “To” address bar. For example, if you were emailing James Smith, the owner of the West Side Diner, you would open the email with “Dear Mr. Smith.”

E. Introduce yourself. Use the first two or three lines of the email to tell who you are and why, briefly, you are writing.

F. Body of the email: Introduce the problem, present the evidence, and offer solutions. Explain the nature of the problem in detail by addressing the following: what occurred, when it occurred, how it affected you, all parties involved, and any actions you may have already undertaken. Present any evidence of the concern that you have collected.

1. Explain how this concern has affected you personally, and how this concern can affect others and the intended reader/contact.

2. Cite any laws that apply to the situation you are presenting.

3. Mention that you have attached any other supporting documents if applicable. For example, “I’ve attached the 2010 ADA Standards for Accessible Design.

4. Suggest possible solutions on how to address the concern if appropriate.

5. Offer yourself as a potential resource to contact if appropriate.

G. Closing the email:

1. Wrap up the email cordially with a brief review of the problem and your expectation that the contacts will address your concerns. Emphasize the benefits of addressing the concern for multiple parties, you, the wider community, and the intended reader if possible. This will help end the email on a positive note.

2. Choose a closing such as “Sincerely,” or “Sincerely Yours.”

3. Type your name and contact information. Give your name, title if appropriate, address, phone number, and any other contact information that you think necessary.

4. Insert attachments such as pictures, videos, and documents if applicable. Name your files to reflect their content so it will be easier for the reader to refer back.

Send the email:

Before hitting the send button, make sure that you:

1. Proofread the email (e.g., check for spelling and grammatical errors and neatness), and check for the correct email addresses.

2. Consider showing your email to a friend for his or her feedback before you send it.

3. Make a copy to keep for your records. The email will be saved in your email account “Sent” box automatically; however, you can copy and paste your email into a Word document and save it on your computer as a backup.

Mark’s example

We will use Mark as an example again. This time he decides to send an advocacy email without attaching a letter. Here is how this email looks like:

Dear Mr. Smith:

My name is Mark Post, and I am a wheelchair user. I am writing this letter to discuss some accessibility problems I encountered while dining at your restaurant.

On March 5, I went to your restaurant on Gerard Avenue and had a difficult time getting from the parking lot onto the sidewalk in front of your restaurant because there is no curb ramp to allow persons using wheelchairs to access the sidewalk. I’ve attached a picture of the curb at the entrance for your review. Later I found myself unable to use the restroom because the door is too narrow (27 inches) to get in. At the time of the incident, I discussed my concern with Ms. Pam Barker, the shift manager, who suggested that I contact you since you make decisions about building.

It can be frustrating for a wheelchair user, like myself, to have several difficulties in one place of business. Perhaps you are not aware of how many wheelchair users there are in this town. The physical barriers I have identified may be causing your business to lose potential customers with disabilities. Even more importantly, the lack of accessible restroom and curb ramp is not only an inconvenience; it does not comply with the Americans with Disabilities Act (ADA). The ADA includes a provision that all newly constructed public accommodations be accessible. The addition of a 1:12 ratio curb ramp, a door width of at least 32 inches and other accessibility features that may be needed in the restroom will bring about compliance with the 2010 ADA Standards for Accessible Design. I've attached the 2010 ADA Standards for Accessible Design regarding ramps and restrooms. I am very interested and willing to provide you with more specific information regarding making your restaurant accessible, including tax incentives that may be applicable to offset the cost.

In closing, I would like to emphasize that your restaurant needs to be accessible for all people, including wheelchair users. It will also increase your business. I look forward to seeing the changes in your restaurant so that my friends and I may enjoy frequent visits in the future.

Sincerely,

Mark Post 1300 Brown St.
Anywhere, USA 55501
Phone: 000-000-0000

Chapter 6: Making an Advocacy Phone Call

By E Zhang

Now that you have learned how to conduct a task analysis of a disability concern and write advocacy letters and emails, it’s time to discuss another major communication mode: phone calls. You definitely know how to make a phone call, through either a landline or cell phone. However, this chapter can help you become a more effective disability rights advocate during a phone call conversation.

Making an advocacy phone call has some benefits over sending a letter or email. For example, it will allow you to ask questions and get immediate responses. In addition, it is more personal than writing. However, the downside of a phone call is that there is no record of agreement or disagreement unless you audio tape the conversation. This might be legal or illegal depending on where you live. So when you do make a phone call, remember to also send a follow up letter or email to summarize what both parties have agreed to during the phone call.

1. General strategies for making an advocacy phone call

Here are some general strategies for making an advocacy phone call:

• Be prepared. Because time is precious for everyone, it is important that you prepare to talk about your disability concern, answer questions and request changes. Conducting a thorough task analysis of the disability concern is the best way to prepare.
• Talk and listen. Of course, it is important to talk about your disability concern to your intended contact. Just as important, remember to listen. In other words, allow opportunities for the other person to respond. This way, you know that the other person understood what you said.
• Be courteous. Even if you are talking about a concern, you can be courteous and should not sound “preachy” or angry. Keep a positive tone of voice.
• Mention something positive about your experience (if any) while advocating for changing something negative with the phone contact. For example, you can say, “I really enjoyed the food at your restaurant; however, the music was too loud for me to have a conversation with my friend since I wear hearing aids.”
• Emphasize the benefits of the suggested changes, not only to you or other people with disabilities, but also to the phone contact. For example, making a business accessible will not only help provide better shopping experiences for people with physical disabilities, but also potentially help bring in more customers to the business.

2. Components of an advocacy phone call

The following list briefly describes each step of the phone call so you can properly prepare for it.

Before the phone call:

• Conduct a task analysis. Conduct a task analysis of your disability concern and write it down. This will become your talking points for your phone call.
• Identify the phone number. Find the phone number of the primary contact that you identified through the task analysis. The internet might be a great resource for this.
• Have the written task analysis and a pencil at hand. The written task analysis can keep you on track and make sure you present all the key information. The pencil will be handy when you need to jot down information such as the date and the key content of the call.

During the phone call:

A. Salutation. Greet the person you are calling appropriately. For example, “Hello, Mr. Smith,” or “Good morning, Mr. Smith.”

B. Introduce yourself. Briefly tell who you are and why you are calling. For example, “My name is Mark Post and I am a wheelchair user. I am calling to discuss some accessibility issues with your restaurant.”

C. Introduce the problem and present the evidence. Explain the nature of the problem in detail: what occurred, when it occurred, how it affected you, all parties involved, and any actions you may have already undertaken. Provide evidence that this is a problem that has to be acted upon.

D. Provide a rationale of why there is a problem and what needs to be done to address the problem:

• Explain how this concern has affected you personally, and how this concern can affect others and your contact.
• Cite any laws that apply to the situation you are presenting.
• Suggest possible solutions on how to address the disability concern if appropriate.
• Offer yourself as a potential resource to contact if appropriate.

E. Closing the phone call:

If you receive a positive response from the person you speak to or the person indicates that he/she needs to investigate before responding, follow these steps:

• Identify the action plan: Ask what will be done, who will do it, when and where it can be done. You need to identify the details of the action plan so both parties are on the same page. For example, you can ask questions such as “What kind of restroom modification are you thinking of?” and “When do you think this modification can be made?”
• Identify a follow up time. You can identify the follow up time by asking questions like “Is it okay for me to call you back in two weeks?”
• Leave your contact information. Give your reliable contact information such as phone number and email address so that the person you talk to can reach you if needed. For example, ask, “May I leave my phone number and email address to you? You can contact me if you want to talk more about how to remove the barriers in your restaurant.”
• Thank the person for their time and willingness to make changes. For example, “Thank you for being willing to make your restaurant more accessible to people with disabilities.”
• Make a final closing such as “Good bye” and /or “I will call you back next week.”

If you receive a negative response from the person you speak to, follow these steps:

• Identify the specific requests that were rejected by the person. For example, ask questions such as, “Are you saying that you cannot widen the bathroom door at this point?”
• Ask why the requests were rejected. The person you speak to will probably tell you why he or she cannot accommodate your request change when they say no to you. However, if not, ask why. This will help you identify the barriers to your advocacy so you can develop corresponding solutions. Ask questions such as, “Do you mind telling me why you cannot widen the bathroom door?”
• Ask what alternative actions your contact person can take. Your contact person may have his or her own ideas of how to solve the problem. Ask questions such as “What’s your idea for making your restaurant accessible to people with disabilities?” Decide whether the alternative actions can meet your advocacy goal and if they comply with appropriate laws.
• Ask for a referral if the person says he or she cannot make the decision. If the person you speak to says that he or she cannot make any changes because someone else is responsible for that, ask for a referral to someone who can make change. For example, “Can you please refer me to the person who is responsible?”
• Make a final closing such as “Good bye” or “I will call you back next week.”

3) After the phone call:

A. Summarize and write down the key content of the phone call such as when it occurred, what was agreed on and what was not, and what the action plan is.

B. Write a brief letter or email to the contact person, including the summary and expressing your appreciation for the phone call.

C. Get ready to follow up or take other actions. See Chapter 8 for detailed information on this topic.

Mark’s example

We will use Mark as an example again. This time he decides to call the restaurant owner directly. He found the phone number of the restaurant owner, Mr. Smith, online. Here is how this phone conversation looks like from Mark’s end.

Mark: Hi Mr. Smith. My name is Mark Post. I am a wheelchair user. I am a customer of your restaurant and enjoyed the food of your restaurant. However, I would like to point out some structural barriers that I would like you to consider addressing.

Mr. Smith agrees to listen.

Mark: I went to your restaurant on Gerard Avenue on March 5, and had a difficult time getting from the parking lot to the sidewalk in front of your restaurant because there is no curb ramp. Later I was unable to get into the restroom stall because the doorway is too narrow. It is only 27 inches wide, which is less than what the Americans with Disabilities Act requires, at least 32 inches clear width. I talked to your shift manager, Ms. Pam Barker, and she suggested that I contact you since you make decisions about the building.

Mr. Smith says he was not aware of the problems.

Mark: It is frustrating for a wheelchair user, like myself, to have several difficulties in one place of business. These physical barriers may be causing your business to lose potential customers with disabilities. More importantly, the lack of accessible restroom and curb ramp does not comply with the Americans with Disabilities Act, ADA. The ADA requires that all newly constructed public accommodations be accessible. The addition of a 1:12 ratio curb ramp, a clear doorway width of at least 32 inches and other accessibility features in the restroom will help you comply with the 2010 ADA Standards for Accessible Design. I am happy to provide you more information about how to make your restaurant accessible. I can meet you to review the needed changes and applicable ADA Standards, including tax incentives that may offset the cost.

Mr. Smith agrees to make the restaurant more accessible.

Mark: Do you agree to build the curb ramp and widen the bathroom doorway to meet the 2010 ADA Standards?

Mr. Smith confirms.

Mark: Do you mind letting me know the timeframe of making those modifications?

Mr. Smith states that he would try to make the modifications in a month from now on.

Mark: That’s great. I would like to call back and check on the progress. Is it okay to call back in a few weeks to see how things are going?

Mr. Smith wants Mark to call back in two weeks.

Mark: Can I leave my phone number and email address to you? You can contact me if you want to talk more about how to remove the barriers in your restaurant.

Mr. Smith takes Mark’s contact information.

Mark: Thank you very much for being willing to make your restaurant accessible to all people. I will check back with you in two weeks. Good-bye.

Chapter 7: Advocacy through Social Media

By E Zhang

1. What is social media and how can you use it for advocacy?

What is social media? The Cambridge Dictionary defines social media as “websites and computer programs that allow people to communicate and share information on the internet using a computer or mobile phone.” Social media provides highly interactive platforms through which individuals, communities, and organizations can create, share, discuss, and modify content online. Social media has substantially and pervasively changed the way individuals and organizations communicate.

Some common examples of social media are Facebook, Twitter, YouTube, Instagram, and Snapchat. Social media advocacy is the use of platforms like these to connect, inform, and mobilize concerned people around a particular issue or cause.

Each social media platform has its unique features that allow people to share information and communicate. It can reach and include people regardless of geographic location and time of day. Meanwhile, it is very cost effective in terms of the level of effort required and the amount of outreach accomplished compared to other traditional communication methods such as face-to-face meetings or phone calls. Social media also allows you to share information in a variety of ways: text, audio, video, and photos. In fact, photos and videos are very powerful ways to send messages on social media.

Social media, like many technologies, helps remove many barriers with communication and creates more opportunities to connect with others about a particular disability rights concern. Social media can enable people with disabilities to better advocate for themselves.

2. How can you use social media for disability rights advocacy?

Advocates have used social media for different causes and issues to raise awareness, to build relationships among people, to mobilize actions, and to change policy. Members of the disability community have used social media to advocate for various local, state, and national initiatives.

For example, social media advocacy played an important role in passing the Achieving a Better Life Experience (ABLE) Act, which allows eligible individuals with disabilities to save up to $14, 000 per year in tax-favored accounts to meet “qualified disability expenses” (See more information about the ABLE Act at ABLE National Resource Center). Sara Wolff, a woman with Down syndrome, started a petition on change.org and collected 269,257 signatures to help pass the Act, along with other advocacy efforts.

Many disability rights organizations such as Centers for Independent Living have their own Facebook page and/or Twitter account in addition to their website. For example, ADAPT has a Twitter following of over 14,000 as of May 2017. They used the twitter account to share live information about their activities, such as protests of Medicaid funding cuts in D.C. and the arrests of activists. In addition, they use social media to encourage offline activities, such as calling or writing letters to Congress. Social media like Twitter and Facebook help get information out to followers quickly and broadly.

As an individual with a disability, how can you use social media to be a better advocate?

You can join disability rights advocacy activities at different levels by sharing information and speaking up. You can start by searching social media like Facebook to find others who have similar advocacy goals and interests. For example, you might follow one or multiple local or national disability rights organizations such as the National Council on Independent Living (NCIL), the Association of Programs for Rural Independent Living (APRIL), ADAPT, and the Research and Training Center on Independent Living on their social media platforms.

You can sign online petitions on websites like change.org to protest policies that may discriminate against people with disabilities. You can also start your own social media page or group to advocate for things that matter to you. For example, you can use social media to organize people in your community and advocate for making the community theater accessible. Find a disability rights cause that matters to you, and be part of it!

There are some caveats when using social media to address a specific personal disability concern. By its design, social media can be less formal than letter writing and less personal. Some disability rights issues may require a more personal approach, such as writing a letter, making a phone call, or having a meeting.

Let’s take Mark as an example again. Remember, as a wheelchair user, he encountered some accessibility issues at a local restaurant. It is better for Mark to contact the restaurant owner directly through a letter or a phone call first to address the accessibility issues than to make a negative comment on the restaurant’s Facebook page. If the owner is not willing to cooperate, after several attempts to address the concern, then it may be time to use social media. For example, Mark can use Twitter to quote what the restaurant owner told him: They “just couldn’t afford to make the bathroom stall bigger for just a few people.” Sharing your personal experience with stories and quotes like this can attract attention from others on social media and potentially even attract media attention (e.g., TV, newspapers) for the cause.

3. Strategies for using social media for disability rights advocacy

First, you need to choose a social media platform if you have not done so. There are many choices of social media platforms. They share some similar features, but each has its own niche. For example, Instagram focuses on sharing information using photos and videos. It’s okay if you want to use multiple platforms, but it’s better to focus on one or two platforms to better use your time and effort. In addition, it is better to start with popular platforms such as Facebook and/or Twitter so you can potentially reach more people.

Second, get familiar with the platforms to learn which is most useful for your needs. Each platform has its own way of sharing information. For example, you can use hashtags (#) in Twitter to organize and highlight the content of your posts so that other people can search and share information it more easily.

Third, define your message and goal. Know what you want to accomplish through your social media advocacy. Is it to raise awareness of certain disability issues? Or is it to organize against a business that discriminates against people with disabilities? Conducting a task analysis can help you understand your priorities.

The following table summarizes some key features of several popular social media platforms. If you are new to social media, this may help you find a social media platform that you find useful.

Fourth, monitor the progress of your message. Social media can generate immediate responses from your audience in the form of a share or a comment. Be ready and responsive to further development of your social media advocacy, such as answering questions and updating news of progress. You can also track social media analytics to see how many people are receiving and sharing your messages. Twitter and Facebook, for example, have their own analytics platforms that show post engagement, link clicks, etc. Google Analytics is a program that can monitor multiple websites and social media channels and Hootsuite combines the analytics from your multiple platforms.

Finally, combine online and offline actions. Online and offline advocacy efforts can work together to achieve your goal. You may want to share and openly speak about the need to increase healthcare funding for mental health on social media. Meanwhile, write and call policy makers to urge them to take actions. Ultimately, all the online efforts have to bring about offline actions and outcomes.

4. General principles for using social media

Think carefully about what you say on social media since it can be a powerful tool. Information can be widespread and even go viral. This is especially important when considering privacy issues.

Be reliable. Share information from trusted sources. Write information that is factual. Don’t exaggerate. This will help establish your credibility. Here are some questions that can help you check the accuracy of the information you share: What is the source of the information? Is the source of information reliable? Can you verify the information from at least one other reputable source?

Keep the message short. People will get distracted if it’s a long message. Some social media platforms even have limits on how many characters you can use for one post. For example, Twitter allows 280 characters or less for a post. (The limit was originally 140 characters, but Twitter doubled it in late 2017.) Therefore, your message needs to be concise. Use short words, sentences and paragraphs and use the active voice.

Keep the message to the point. Getting your point across with limited words is important. Focus on the main points and state why they are important. Try to avoid rambling about unnecessary information.

Make it visual. Photos and videos can help provide evidence to support your advocacy effort. Use them whenever you can. For example, a picture of a wheelchair user in front of a curb without a curb ramp is more powerful than just text. Just remember to make sure your message is accessible to people with disabilities. For example, add text descriptions to a photo so that it is accessible to people with visual impairments.

Chapter 8: Follow Up

By Rajasekhar Allada, revised by E Zhang

At this point, you are likely to have a better understanding of how to conduct different types of advocacy communication, such as writing an advocacy letter or making a phone call. Following up on your action is almost as important as initiating it. This chapter will discuss how you can follow up your initial advocacy action, using the example of writing advocacy letters. To assist you with follow up, we have developed the Advocacy Response/Progress Form (see end of this chapter). You can use this form to analyze the responses you received and determine what you need to do to follow up.

After you have written and sent the follow-up advocacy letter, there are three possible outcomes: 1) a positive response to address your disability concern, 2) a negative response denying or postponing action, or 3) no response to your request.

1. What do you do when you receive a favorable response?

You may receive a response that agrees to address all of your requests. Or you might receive a response that is vague and offers no commitments. In both cases, review and compare your original letter and the contact person’s response carefully8. It is very important to determine how well the contact person has responded to your questions.

Ask yourself the following questions to determine how adequately the response addresses your original request:

• Does the response correctly and completely address my concern?
• What action(s) will be taken to correct the situation?
• Who will be responsible for the action(s)?
• When will the action(s) be completed?
• Where will the person perform the action(s)?
• Does the response meet minimum legal standards (e.g., accessibility codes, etc.)?
• When reviewing your letter, check to ensure that your request for accommodation was reasonable.

The following section will explain these questions in more detail.

1.) Does the response correctly and completely address my concern?

To determine how well the response has addressed your concern, you need to ask yourself four questions: what, who, when, and where?

What action(s) will be taken to correct the situation?

If the intended reader(s) or the agency have made commitments to take certain actions to meet your request, list each action clearly in the blank space labeled “Positive response” on the Advocacy Response/Progress Form (at the end of the chapter). List the responses to each action if you have more than one request. Use a different form for each of the actions if needed. This will help you be more organized and allow for an easier follow-up later.

The responses about taking action may not be the same as what you requested. Write down the exact actions the intended reader plans to take so you can tell whether there is any gap. Now you have a list of the actions to which the business or organization has indicated it will or will not respond. Look at the list of the actions to see if and how much of your request will likely be fulfilled. You have to determine what is realistic and what is non-realistic. You are the final judge of which follow-up strategies to pursue. If you feel that the response does not satisfactorily meet your request, and that the request is reasonable, then follow-up again and advocate for more appropriate changes.

2) Who will carry out the action(s)?

In response to your requests for specific actions, identify who will complete each of these actions. Sometimes, the contact person will not give specific names of who will carry out the actions. It is very important to secure the name of a person at the highest level of authority who has responsibility for overseeing the actions so you can monitor the progress. Otherwise, you might find yourself getting the run-around each time you try to contact a person to find out what progress has been made. Along with the person’s name, request the correct title and contact information for this individual. In your follow up contact, you can ask questions such as, “Can you please let me know who is going to carry on the proposed plan so I can contact him or her for updates?”

3) When will the action(s) be completed?

Write down the date that the action is supposed to be completed. You can then prompt the organization to take the promised actions if the agreed-upon date passes without any progress. If you initiate follow-up too early, the agency may feel that you are being pushy and aggressive. If you initiate follow-up too late, you might be losing valuable time and a window of opportunity. If you don’t feel that the agent of the business or organization has a clear timeline for addressing your concern, ask the agent directly. This will show your commitment to resolving the concern and help hold the agent of change accountable.

4) Where will the action take place?

The final piece of necessary information is where the action will take place. In some cases, the place of the action is very important. For example, if a disability rights concern is found to exist in multiple branches of a big company, it is important that the company makes changes to all the related branches. If that place is accessible to you, you can monitor the progress directly. For example, Mark can check on the entrance and bathroom modifications that Mr. Smith promised as he lives close to the West Side Diner.

By now, you have a clear understanding of the details of the response. You have been able to analyze what and how much of your request will be addressed based on the response. You now know how well the response will address your concern.

1.2 Does the response meet minimum legal standards?

Although the agent of change may propose something to address your concern, you always have to check the quality of the plan. The bottom line is that the plan needs to meet specified minimum legal standards. Legal requirements do not necessarily meet all the needs of people with various disabilities. When you encounter a disability rights concern of this nature, it might help to appeal to common sense and emphasize the potential benefits of the change to the wider community. The agent must comply with federal, state, county, and local legal minimum standards regarding covered disability concerns. Use the requirements of federal, state and local laws and regulations that cover people with disabilities to set your goals for change. Some agencies may not know about the minimum legal standards, so you might have to educate them by sharing information and resources such as the 2010 ADA Standards for Accessible Design, a particular regulation, or published guidance from the applicable enforcement agency (e.g., US Dept. of Justice, US Dept. of Housing and Urban Development).

Once you have answered these questions, you will better understand the content of the response you have received.

2. What do you do when you receive a negative response, denying or postponing your requested action?

When you receive a response that does not meet your request, determine what action needs to be taken to correct the problem. The organization may have some internal or external barriers that prevent it from being able to carry out your request. So, ask yourself the following questions to understand the reasons for the denial:

• What requested action was denied?
• Who was unable to carry out the requested action?
• Why was the requested action denied?
• Can the person carry out any alternate actions for you?

2.1 What requested action(s) was denied?

If the requested action(s) was not addressed, find out why. In the Advocacy Response/Progress Form (at the end of this chapter), fill out the requested actions and the reasons why the agents said they would not complete the actions. Frequently, organizations will give you a negative response even if only one part of the requested action cannot be completed. Find out more about the nature of your denied request so that you can develop follow up strategies and approaches to continue advocating with the organization.

2.2 Which person was unable to carry out the requested action?

When you receive a negative response, identify who made the decision and what position they have within the organization. If you know the person’s name who denied the request, write down any relevant information about the person for later contacts with him or her, or with their supervisor. This person could be the same one from whom you requested action,or it could be another person in the organization. In some cases, your request will be denied at the support staff level and not reach the administrative staff level. If this occurs, follow through again to appeal the decision to someone at a higher level of responsibility.

Since corrective actions can take a long time, especially when they are initially denied, be thorough when filling out the form to help you track the responses to your disability concern. This will allow you to access the information at a later time, rather than relying on memory

2.3 Why was your requested action denied?

In all cases, the person should have a reason for not being able to complete the action. Assess the nature of the reason and write it down on the Advocacy Response/Progress Form (at the end of this chapter). When you revise your action letter for the next stage of follow up, you need to justify your requests by providing counter responses to the reason they have given for denial.

2.4 Can the person carry out any alternate actions for you?

If the denial is explained carefully with reasons, look for an alternate action to propose.

You may find the business to be very cooperative and the person in charge may even offer suggestions or alternate actions to correct the situation. Alternate actions can be found through mediation, where both parties attempt to create a win-win solution. Both sides may need to compromise. Many federal and state enforcement authorities offer mediation as a way of trying to resolve a dispute after receiving a formal complaint, at no cost to the parties if both sides agree to participate. Don’t be surprised if you get this kind of a response, in which the agent suggests an action different from your request. Review the suggestions carefully and consider whether the suggested alternate action is acceptable. Agree to the ones you think are appropriate. In some cases, the suggested alternate actions could be very innovative and reasonable, while others might be discouraging. There are some disability rights and principles which you cannot compromise on, such as discrimination. Hold fast to them! In addition, it is wise to think beyond yourself when considering the proposed plans. An alternate action may be adequate for you but not for other people with disabilities.

Be cautious if the organization or business only wants to make a special accommodation for you. Their action should also address the concern as it relates to other individuals with disabilities.

3. What do you do when you receive no response?

Waiting for a response may be one of the toughest aspects of the whole process of advocacy. You are unsure whether the organization will honor the request or whether your request will get placed on the back burner and eventually forgotten. Factors that affect this include the nature and complexity of the problem you address, the number of people involved, the strength of your stated case, the potential legal consequences for the organization, and the organization’s structure and resources. For example, a Fortune 500 company will have greater resources to address a disability-related concern than a locally owned “mom and pop” store.

If all these factors are in your favor, the whole process might just take days to weeks.

On the other hand, you might find yourself engaged in the advocacy process for several months or even years. In some cases, the organization will try to wait it out to see if you will lose motivation and interest and drop the request. You have already put a lot of time and effort into a very important issue. You must decide whether you wish to stick with it and pursue a resolution to your concern. Your action could potentially affect many people with disabilities, in addition to yourself. If you do not receive a response to your request, ask yourself the following questions:

• How long should I wait before following up with a letter or a phone call?
• Whom should I contact when making the follow-up letter or phone call?
• Who can help me take action if I am not getting any response?
• How and why do I need to monitor and track the actions (or inactions) that occur?

3.1 How long should I wait before following up with a letter or a phone call?

The best way to determine if you are ready to follow up with a letter or a phone call is to consider the type of request you’re making. If the request is a simple one, you should probably wait only a few days. If the request is large and complex, you should still expect to receive a response (by letter, email or phone) that acknowledges your original letter. However, you may have to wait a few months for the organization to plan and execute a course of action. Sometimes it’s a good idea to send a registered or certified letter so you know for sure whether or not the intended reader received your letter. It is also acceptable to call them periodically to check on the progress of your request.

3.2 Whom should I contact when sending the follow-up letter or making a phone call?

It is best to approach the person to whom you have written the letter regarding your concern. He or she would be best able to advise you on the status of your request. If your request has been directed to someone else, he or she can advise you of that person’s name and contact information.

3.3 Who can help me take action if I am not getting any response?

Depending on the type of problem you are encountering, many different people can help you if you reach a dead end. One of the best sources of help may be your local disability rights organizations, such as Centers for Independent Living (CILs). CIL staff are equipped to advise you in your advocacy efforts. They may even agree to assist you. Agencies such as Vocational Rehabilitation and the Client Assistance Program may also be of help to you. An authoritative figure or established organization can sometimes add power to a request.

Other potential helpers include personnel higher up in the organization, government officials, disability rights advocates, consumer protection agencies, and local human relations departments. Recruiting additional support can increase the likelihood of your success. Another strategy is to get a group of consumers to write letters on the same issue, creating power in numbers. You can also use the power of social media to break the silence if necessary. Find out whether the organization from which you want a response has social media accounts, such as Facebook or Twitter. Then post about your concern and your letter on their accounts, and urge them to respond to your request.

4. Conclusion

4.1 Track progress

Because you have determined that this issue is important to you and because you have already devoted time to the problem, it is very important to carry out each step in a professional manner. This will increase your likelihood of achieving your goal. Monitoring and tracking the actions that occur will keep you organized and well informed. Again, the Advocacy Response/Progress Form at the end of this chapter will assist you in tracking progress on your concern.

4.2 Self care

Advocacy takes time, energy, resources, and courage. This process can take months to years to see changes. Sometimes it can be frustrating when it feels like someone isn’t listening to you or respecting your rights as a person with a disability. This frustration can be even bigger if you are advocating for system changes over which you don’t have a lot of direct influence. Also you may encounter people who get mad at you and think you are a troublemaker. This is where it can be helpful to practice self-care as an advocate.

Be realistic about how much time it may take to advocate for your cause. Prepare for the time and resources you may need to put in to avoid being taken by surprise.

Identify allies and ask for help. It is important to build a sense of community, a group of people around you who respect you and your fight for disability rights. You can find allies through both online and offline efforts. Share your progress and frustrations with people who can understand you and help you troubleshoot. If you are new to advocacy, you might try to find an experienced advocate to be your mentor, a person who can guide you through the potential confusion and frustration.

Take time to step away from the issue if you need to clear your head. If you feel stressed out, you can always take some time off from advocacy and take care of yourself. Do things that help you relax and refresh, and come back to be an even stronger advocate.

Celebrate small successes. Use the Advocacy Response/Progress Form to track the success and barriers you encounter, and celebrate your successes, even small ones. Enjoying success will help you stay motivated to take the next step and reach the ultimate advocacy goal. Even if there are not any small successes, celebrate finding your voice and practicing your skills so that your next advocacy effort will be more successful.

To summarize, remember to be very organized and prompt about each step you take. The skills outlined in this section can be developed or improved utilizing the guidelines provided. They will strengthen and increase your effectiveness as an advocate, and as a member of the larger disability community. Go for it!

Advocacy Response/Progress Form

Disability concern:

Date and form of contact (e.g., letter, phone call, social media):

People you contacted and contact info. (e.g., name, title, organization, address, email and phone number):

Action requested:

Positive Response (suggested action #1):

What action or part of the action will be addressed:

Who will carry out the action, including contact of the person:

When will the action take place (timeline):

Where will the action take place:

Positive Response (suggested action #2):

What action or part of the action will be addressed:

Who will carry out the action, including contact of the person:

When will the action take place (timeline):

Where will the action take place:

Negative Response (suggested action #1):

What action or part of the action was denied:

Which person was unable to carry out the action:

Why was the request denied:

Are there alternative actions:

Negative Response (suggested action # 2):

What action or part of the action was denied:

Which person was unable to carry out the action:

Why was the request denied:

Are there alternative actions:

Progress notes:

Date:

Chapter 9: Facts and Figures

By Kenneth J. Golden and Richard Thomson, revised by E Zhang

The material in this chapter was gathered from many sources, including original laws, and simplified. We have removed legal jargon whenever possible. The laws addressed are:

• The Americans with Disabilities Act (ADA)
• The Fair Housing Amendment Act (FHAA) of 1988
• The Rehabilitation Act Amendments of 1992
• The Air Carrier Access Act (ACAA)
• The Individuals with Disabilities Education Act (IDEA)
• The Developmental Disabilities Assistance and Bill of Rights Act (DD Act)

We have also provided information concerning Home and Community-Based Services (HCBS) Programs and Social Security’s Plans for Achieving Self Support (PASS). This information is intended to help you get a general understanding of what the laws are.

References to more detailed information are provided so you can research further on your own.

Again, the more familiar you are with the laws that protect you, the stronger your personal advocacy skills will become. While the following overviews will familiarize you with the laws, it would benefit you greatly to access the original law and read it or to consult with someone more familiar with it, such as an experienced advocate. Chapter 10 will provide you a list of organizations that you can contact for more resources on disability rights laws and advocacy.

1. The Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in employment, local and state government programs, services, public and private transportation, public accommodations and telecommunications services. To be protected by the ADA an individual must have a disability, which is defined as a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such impairment. The ADA was revised under the ADA Amendments Act of 2008. The following information will highlight the important points of each of the three titles, or sections, of the ADA. Visit ADA.gov for the latest information including the current ADA regulations, the 2010 ADA Standards for Accessible Design, and technical assistance materials from the website. You can also call the ADA Information Line (800-514-0301 (voice); 800-514-0383 (TTY))or contact your regional ADA Center for assistance.

Under the ADAAA, “major life activities” is expanded to include “major bodily functions.” Specifically, the ADAAA provides that:

• Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
• Major bodily functions include, but are not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Title I: Employment

Title I’s employment provisions apply to private employers, state and local governments, employment agencies, and labor organizations.

Businesses that have 15 or fewer employees are exempt from ADA Title I. However, some state and local laws may be more stringent than the ADA.

The ADA prohibits discrimination in all hiring practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment.

Employment discrimination is prohibited against “qualified individuals with disabilities.” The law protects people who have a physical or mental impairment that substantially limits at least one major life activity (e.g., such as walking, seeing, hearing, speaking, breathing, learning, working, doing manual tasks, caring for oneself), have a record of such impairment (e.g., doctor’s records noting the disability, such as HIV/AIDS), or are regarded as having an impairment (e.g., a person with a severe facial disfigurement). The ADA Amendments Act of 2008 provided additional regulations to clarify “that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.” See U. S. Equal Employment Opportunity Commission.

A "qualified individual with a disability" is an individual who meets legitimate skill, experience, education, or other requirements of an employment position that they hold or seek, and who can perform the “essential functions” of the position with or without reasonable accommodation. “Essential functions” assures that an individual with a disability will not be considered unqualified simply because of inability to perform marginal or incidental job functions. A written job description prepared in advance of advertising or interviewing applicants for a job can be considered as evidence, although not conclusively, of the essential functions of the job.

An employer does not have to give preference to a qualified applicant with a disability over other applicants.

An employer may not ask or require a job applicant to take a medical examination before making a conditional job offer. In such situations, the medical examination would be required of everyone being considered for that particular job.

An employer cannot make any pre-employment inquiry about a disability or the nature or severity of a disability.

An employer can ask questions about the ability to perform specific job functions and may, with certain limitations, ask an individual with a disability to describe or demonstrate how they would perform these functions.

If a person is not hired because a post-offer medical examination or inquiry reveals a disability, the reasons for not hiring must be job related and consistent with business necessity. The employer must show that no reasonable accommodation could be made, that the accommodation would impose an undue hardship, or that the individual would impose a “direct threat” in the workplace (e.g., a significant risk of substantial harm to the health or safety of the individual or others).

An employer is required to make reasonable accommodations for all qualified applicants or employees with a “known” disability unless doing so would impose an undue hardship on the employer.

Reasonable accommodations are any modifications or adjustments to a job or work environment that will enable a qualified applicant or employee with a disability to participate in the application process or perform essential job functions.

Employees with disabilities shall be afforded or given equal access to whatever health insurance coverage the employer provides to other employees. Employers do not have to offer additional or extra coverage and they are not responsible for pre-existing condition clauses even if they adversely affect individuals with disabilities.

Employers must post a notice describing the provisions of the ADA. It must be made accessible in alternate formats, as needed, for individuals with disabilities.

All employment discrimination charges must be filed with the Equal Employment Opportunity Commission within 180 days of the alleged discriminatory act.

Title II: State and Local Governments

Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all state and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of state or local governments.

A state or local government must eliminate any eligibility criteria for participation in programs, activities, and services that screen out or tend to screen out persons with disabilities, unless it can establish that the requirements are necessary for the provision of the service, program, or activity.

The state or local government must perform a self-evaluation and develop a transition plan with input from people with disabilities, to make any changes or improvements needed to ensure equal opportunities to participate in programs, activities, and receive services.

The state or local government may adopt legitimate safety requirements necessary for the safe operation if they are based on real risks, not on stereotypes or generalizations about individuals with disabilities.

A public entity does not have to make a modification of its service if it can demonstrate that the modification would fundamentally alter the nature of the service, program, or activity.

All public entities are prohibited from discriminating in employment against qualified individuals with disabilities. ADA Title I regulations apply to public entities.

A public entity must ensure that individuals with disabilities are not excluded from services, programs, and activities because existing buildings are inaccessible. If the facilities are not accessible, they have several options open including: altering existing facilities, acquiring or building new facilities, relocating a service or program to an accessible facility, or providing services at alternate accessible sites.

All structural changes needed to make a program accessible should be made as expeditiously as possible, but no later than January 26, 1995.

All new buildings constructed by a state or local government must be accessible. Any alterations or renovations to existing facilities must make the altered portions accessible.

State and local agencies that provide emergency telephone services must provide “direct access” to individuals who rely on TDD or computer modem for telephone communication. A separate seven-digit line for the exclusive use of non-voice callers in addition to providing direct access for such calls to its 911 line will be permitted.

Telephone emergency services are only required to be compatible with the Baudot Format (the first widely used binary character encoding).

Title III: Public Accommodations

A public accommodation is a private entity that owns, operates, leases, or leases to, a place of public accommodation. Places of public accommodation include a wide range of entities, but must fall in one of the following 12 categories: places of lodging, establishments serving food or drinks, places of public gathering, sales or rental establishments, service establishments, stations used for specified public transportation, places of public display, places of exhibition or entertainment, places of recreation, places of education, social service centers, and places or exercise of recreation.

Both landlords and tenants are subject to the Title III regulations and should allocate responsibility for compliance in their lease or contract.

Commercial facilities (e.g., factories, warehouses, office buildings and wholesale establishments) must comply with the requirements for new construction and alterations.

Private clubs and religious organizations are exempt from public accommodation requirements, except in cases where the facilities are used for events or services open to the general public, such as for bingo games or day care.

A public accommodation may not discriminate against a person with a disability by refusing service or denying participation in an activity. Services, goods, and activities must be provided in the most integrated setting possible. Individuals with disabilities cannot be required to accept separate or special services.

Physical barriers in existing facilities (built before the ADA) must be removed if removal is readily achievable (i.e., can be easily accomplished and carried out without much difficulty or expense).

Barrier removal process should follow these priorities to increase accessibility: 1) access to the facility; 2) access to the area in which goods and services are available; 3) access to restroom facilities; and 4) other necessary measures.

Examples of steps to remove barriers include the following actions: providing accessible parking spaces; installing curb ramps or ramps at entrances, widening doors, installing accessible door hardware, and removing high-pile, low-density carpeting; positioning shelves, display racks, and furniture to provide access to goods and services; installing accessible signage; installing visible and audible alarms; designing toilet stalls with increased space, grab bars, and accessible height toilets; installing sinks with accessible faucets and adequate knee clearance; and making at least one dressing room in clothing stores accessible.

Public accommodations must provide an alternative method of providing services and goods if they cannot remove barriers and if the alternatives are readily achievable (e.g., curb service, home delivery, a clerk to retrieve merchandise from an inaccessible location).

Public accommodations must provide auxiliary aids and services to ensure effective communication with individuals with disabilities, unless it can be proven to be an undue burden.

The title III regulation was again revised on November 21, 2016, when Attorney General Loretta Lynch signed a Final Rule that further clarified a public accommodation’s obligation to provide appropriate auxiliary aids and services for people with disabilities. The final rule provides that public accommodations that own, operate, or lease movie theaters are required to provide closed movie captioning and audio description whenever showing a digital movie that is produced, distributed, or otherwise made available with these features.

Public accommodations are not required to provide personal devices such as wheelchairs, individually prescribed devices such as prescription glasses or hearing aids, or personal services, including assistance with eating or dressing.

Public accommodations are not required to alter their inventory to include accessible goods, unless it makes special orders in its normal course of operation.

Modifications in policies, practices, and procedures must be made where necessary to avoid discrimination. For example, public accommodations that do not permit animals generally must modify that policy to allow people with disabilities to use service animals.

Beginning on March 15, 2011, only dogs are recognized as service animals under Titles II and III of the ADA.

• A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.
• Generally, Title II and Title III entities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go.
• This definition does not affect or limit the broader definition of “assistance animal” under the Fair Housing Act or the broader definition of “service animal” under the Air Carrier Access Act.
• The miniature horse is not included in the definition of service animal; however, the new ADA regulations contain a specific provision about miniature horses. Businesses must make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.

All new construction in public accommodations and commercial facilities must be accessible. Elevators are not required in buildings under three stories or with fewer than 3,000 square feet per floor, unless the building is a shopping center, mall, professional office of a health-care provider or a transportation terminal or depot.

Alterations in public accommodations and commercial facilities begun after January 26, 1992, must be accessible.

All design and construction of new facilities or alterations in existing facilities must comply with the 2010 ADA Standards for Accessible Design or previous ADA Accessibility Guidelines that were applicable at the time of construction.

Public accommodations that provide transportation services must acquire vehicles that are accessible to people with disabilities unless they can demonstrate that the transportation, when viewed as a whole, is accessible.

Rail systems must have one accessible car per train by July 26, 1995.

Main stations offering rapid, commuter and light rail services must be made accessible (time extensions may be granted up to the year 2020).

Intercity rail stations must be accessible by July 26, 2010.

Remodeled areas of transportation facilities must be made accessible.

Paratransit transportation services must be provided in certain cases to the individual (e.g., a person who cannot get to a bus stop might require door- to-door service).

All public buses and rail cars purchased or leased after August 26, 1990, must be accessible to people with disabilities.

Privately owned buses purchased or leased after July 26, 1996, must be accessible.

All new transportation facilities (e.g., bus and rail stations, depots) must be accessible.

2. The Fair Housing Act

The Fair Housing Act prohibits discrimination in housing because of disability, race, national origin, religion, gender, or familial status. This Act covers most types of housing except for: 1) buildings with no more than four units in which the landlord resides; 2) single family housing sold or rented without the use of a broker, unless the owner owns or has an interest in more than three additional single family houses at a time; and 3) housing operated by organizations or private clubs that limit occupancy to its members. Visit What ‘Fair Housing’ Means for People with Disabilities (PDF) for more detailed information.

The Act prohibits the following practices in the sale or rental of housing:

• Refusing to rent or sell housing.
• Refusing to negotiate for housing.
• Making housing unavailable.
• Denying a dwelling as available, when it really is.
• Setting different terms, conditions, privileges for sale or rental of dwelling.
• Providing different services or facilities.
• Falsely denying that housing is available for sale or rental.

The Fair Housing Act also prohibits discriminatory practice in mortgage lending such as:

• Refusing to make a mortgage loan.
• Refusing to provide information concerning loans.
• Imposing different terms on a loan.
• Discriminating in appraising property.
• Refusing to purchase a loan.
• Setting different terms or conditions for purchasing a loan.

Additionally, no one may threaten, coerce, intimidate, or interfere with anyone exercising a fair housing right or assisting others who exercise that right. No one may advertise or make any statement that indicates a limitation based on disability, race, national origin, religion, gender, or familial status.

Persons with disabilities have additional protection if you or someone associated with you:

• Have a physical or mental disability that substantially limits one or more life activities.
• Have a record of such a disability.
• Are regarded as having such a disability.

A housing provider may not ask you questions about your disability, ask you for general information about yourself, such as whether “it is all right for you to be living alone,” or ask any questions that are not asked of non-disabled applicants.

Reasonable modifications:

You have a right to make reasonable accessibility modifications to your dwelling or common use areas, at your expense. However, you may have to agree to restore the property to its original condition when you move. This applies to housing not covered by Fair Housing Act new construction requirements.

Reasonable accommodation:

Housing providers must make reasonable accommodations in their rules, policies, practices, or services when needed to give a person with a disability an equal opportunity to use and enjoy a dwelling unit or common space. Here are some examples of reasonable accommodations:

A landlord with a “first come, first served” parking policy makes an exception by creating a reserved parking space for a tenant who has difficulty walking and needs to park close to the building.

An apartment manager agrees to call or visit when the rent is due to remind a person with an intellectual disability to pay the rent.

A landlord modifies or makes an exception to the building's “no pets” rule for people with disabilities who use assistance animals, service animals, therapeutic or emotional support animals.

A landlord may require applicants or residents to pay a pet deposit, but they may not require applicants and residents to pay a deposit for an assistance animal.

Assistance animals are sometimes referred to as "service animals," "assistive animals," "support animals," or "therapy animals." An assistance animal is not a pet. It is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability. For purposes of reasonable accommodation requests, neither the Fair Housing Act nor Section 504 requires an assistance animal to be individually trained or certified. See more information about service animals and assistance animals under the Fair Housing Act (PDF).

Requirements for new buildings:

1) Buildings that are ready for first occupancy after March 13, 1991, with four or more units and an elevator are required to have:

• Public and common areas accessible to persons with disabilities.
• Doors and hallways must be wide enough for wheelchairs.

All dwelling units must have: 1) an accessible route to and through the unit, 2) accessible light switches, electrical outlets, thermostats, etc., 3) reinforced bathroom walls to allow grab bar installation if needed, and 4) kitchens and bathrooms that can be used by wheelchair users.

Buildings ready for first occupancy after March 13, 1994 that have four or more units, but no elevator, must have the accessible features in all of the ground floor units and in public and common areas.

Unless a building or a community qualifies as housing for older persons, it may not discriminate based on familial status (one or more children under the age of 18 living with a parent or legal custodian).

However, housing for older adults is exempt from this prohibition and may discriminate against familial status if the housing: 1) is specifically designed for elderly persons and is under a federal, state, or local program, 2) is occupied solely by persons who are 62 or older, or 3) houses at least one person who is 55 or older in at least 80 percent of the occupied units; has significant services and facilities for older persons; and adheres to a published policy of housing only older adults who are 55 or older.

If you think your rights have been violated:

You may file a complaint with the U.S. Department of Housing and Urban Development (HUD). However, you have only one year after the alleged violation to file the complaint. So file as soon as possible. Detailed information or to file a complaint online.

Before you contact HUD, make sure that you have the date(s) of the alleged violation and a description of the violation.

You can file a complaint via the internet, mail, or telephone:

Internet: HUD Form 903 Online Complaint

Mail: Send the HUD Housing Discrimination Complaint Form to the HUD regional office that is nearest to you. 

Call: 1-800-669-9777; 1-800-927-9275 (toll-free TTY)

When you file your complaint, it is illegal for anyone to coerce or threaten you so that you will drop the complaint. HUD may authorize the Attorney General to issue temporary relief.

HUD will notify you when it receives your complaint.

HUD will investigate your complaint and may refer your complaint to a state or local agency that must work on it within 30 days after receiving it. You may be offered mediation as a way to try and resolve the complaint.

If your complaint results in an administrative hearing or goes to federal district court, there is no cost to you.

3. Rehabilitation Act Amendments of 1992

Title I (the Basic Program of Vocational Rehabilitation Services) must be carried out in a manner consistent with the following principles, among others:

Individuals with disabilities, including individuals with the most severe disabilities, are generally presumed to be capable of engaging in gainful employment in integrated settings.  Individuals must be active participants in their own rehabilitation programs, including making meaningful and informed choices about the selection of their vocational goals, objectives, and services.

Accountability measures must facilitate and not impede the accomplishment of the program.

Eligibility:

In general, an individual is eligible if he or she is an individual with a disability (determined under Titles II and XVI of the Social Security Act or by other agencies) and requires vocational rehabilitation services to prepare for, enter into, engage in, or retain gainful employment.

It is presumed that an individual can benefit from vocational rehabilitation services unless the designated state agency can demonstrate, by clear and convincing evidence, that such an individual is incapable of benefiting in terms of an employment outcome.

The state agency must make eligibility determinations within 60 days, unless exceptional and unforeseen circumstances exist that are beyond the control of the state agency, and the individual agrees with the extension or an extended evaluation is required.

Individualized Written Rehabilitation Program (IWRP)

When a determination has been made that an individual is eligible, the state agency must complete a comprehensive assessment (goals, objectives, and services that are to be provided).  The IWRP must be jointly developed, agreed upon, and signed by the agency and the individual. 

The IWRP must be designed to achieve the employment objectives of the individual, consistent with his or her strengths, priorities, abilities, and capabilities. The IWRP must include: statement of goals and objectives (including intermediate), specific services to be provided, an evaluation procedure, terms and conditions under which goods and services are provided, identification of those that will provide the services, and a statement by the individual in his or her words describing how he or she was informed about and involved in choosing among alternative goals, objectives, services, service providers, and the methods used to provide or procure such services.

The IWRP must provide reasons an individual is no longer eligible and the rights and remedies available to the individual.

The individual must be provided with a copy and any attached amendments.

Services from a Client Assistance Program (CAP) are available to consumers of vocational rehabilitation services in each state. CAP staff are familiar with federal and state vocational rehabilitation regulations, and can serve as information providers and advocates for those wanting to access vocational rehabilitation services. Vocational rehabilitation counselors must provide consumers with information on the CAP agency serving that consumer's area. This information can also be obtained from an independent living center.

When a determination has been made that an individual is eligible, the state agency must complete a comprehensive assessment (goals, objectives, and services that are to be provided).

The IWRP must be jointly developed, agreed upon, and signed by the agency and the individual.

The IWRP must be designed to achieve the employment objectives of the individual, consistent with his or her strengths, priorities, abilities, and capabilities. The IWRP must include: statement of goals and objectives (including intermediate), specific services to be provided, an evaluation procedures, terms and conditions under which goods and services are provided, identification of those that will provide the services, and include a statement by the individual in his or her words describing how he or she was informed about and involved in choosing among alternative goals objectives, services, service providers, and the methods used to provide or procure such services.

The IWRP must provide reasons an individual is no longer eligible and the rights and remedies available to the individual.

The individual must be provided with a copy and any attached amendments.

Services from a Client Assistance Program (CAP) are available to consumers of vocational rehabilitation services in each state. CAP staff are familiar with federal and state vocational rehabilitation regulations, and can serve as information providers and advocates for those wanting to access vocational rehabilitation services. Vocational rehabilitation counselors must provide consumers with information on the CAP agency serving that consumer's area. This information can also be obtained from an independent living center.

4. Air Carrier Access Act

In 1986, Congress passed the Air Carrier Access Act (ACAA), enabling people with disabilities to receive consistent and nondiscriminatory treatment when travelling by air. The law established that no air carrier shall discriminate against any otherwise qualified individual with a disability, by reason of disability alone, in the provision of air transportation. This section highlights some of the important items in this law.

4.1 Aircraft Accessibility

New aircraft ordered after April 5, 1990, or delivered after April 5, 1992, must achieve a higher degree of accessibility than those previously in service. Aircraft in service as of April 5, 1990, are not required to be retrofitted, but any aircraft that undergoes replacement of cabin interior elements, lavatories, or seats must meet these requirements.

Aircraft with 30 or more passenger seats will have movable armrests on at least one half of aisle seats, which will be made available to passengers with mobility impairments.  Aircraft with 100 or more passenger seats shall have a priority space in the cabin for stowage of at least one folding wheelchair.

Aircraft with more than one aisle must have at least one accessible lavatory.

Aircraft with more than 60 passenger seats with an accessible lavatory will carry an on- board wheelchair.

Aircraft with more than 60 passenger seats will have an on-board wheelchair available on request for access to an inaccessible lavatory.

4.2 Air Carrier Policies

Carrier personnel may not refuse transportation to any passenger with a disability except on the basis of safety, nor may they limit the number of passengers with disabilities on a flight.

A carrier may require up to 48 hours advance notice and one hour advance check-in ONLY for the following reasons:

• Transportation for an electric wheelchair on an aircraft with fewer than 60 seats.
• Provision by the carrier of hazardous materials packaging for a wheelchair battery. o Special situations or accommodations (e.g., oxygen, incubator, hook-up for respirator or accommodation for a passenger who must travel by stretcher).
• Accommodation for a group of ten or more individuals with disabilities travelling as a group (e.g., a sports team).
• Provision for an on-board wheelchair on an aircraft without an accessible lavatory.

Carriers may not require a passenger to travel with an attendant except in very limited circumstances. If the airline requires the use of an attendant despite the individual’s objection, it may designate the attendant but cannot charge for his or her transportation.

Carriers may not exclude any qualified individual with a disability from any seat except in order to comply with FAA safety regulations.

Service animals shall be permitted to accompany the passenger on the flight. If a service animal cannot be accommodated at the passenger’s assigned seat, the carrier shall offer to move the passenger to an alternative seat that can accommodate the animal.

Carriers shall provide assistance to passengers with disabilities in boarding, deplaning, making flight connections, and transporting between gates.

Personnel on aircraft with less than 30 seats that cannot accommodate lifts or boarding chairs are not required to hand carry a passenger onto the plane.

Assistance with eating, medical services, or in the bathroom is not required.  Passengers using personal ventilators or respirators are permitted to use their own equipment on board the aircraft.

Assistive devices may be stored in overhead compartments and under seats consistent with carry-on baggage rules. If a passenger chooses to pre-board and the on-board stowage area will accommodate a collapsible wheelchair, the passenger’s wheelchair may be stored with priority over other passengers’ carry-on baggage.

Wheelchairs and other assistive devices will be checked and returned as close as possible to the door of the aircraft and have priority over other luggage in the baggage compartment. 

Battery-powered wheelchairs shall be accepted as baggage where compartment size permits. Batteries are not to be separated from wheelchairs unless necessary to meet DOT hazardous materials rules. Carriers will provide battery packaging upon request.

Assistive devices are to be returned to the passenger in the same condition in which they are received. Airlines cannot require an individual to sign a waiver for damage or loss of wheelchair or assistive device, nor can they limit liability to less than twice the liability established for lost or damaged luggage.

Carriers shall furnish any general information provided within the terminal to passengers with disabilities, including those with vision or hearing impairments. Carriers shall make available on request information about the ACAA regulations and the accessible features or limitations of the aircraft.

Carriers shall make available, without charge, a TTY during the same hours telephone service is available to the general public.

Safety briefings shall be accessible to persons with hearing impairments by means of captioned or signed video presentation where possible.

Carriers shall provide a private security screening upon request unless technology is available that does not necessitate a physical search of the passenger. Air carriers are required to have Complaint Resolution Officials (CRO) available during all hours of operation to resolve disability-related complaints. Anyone who feels they have been the subject of discriminatory actions or treatment by air carriers should initially ask to speak to the CRO on duty. Passengers may file a complaint online by clicking this link. Complaints can also be sent via email, letter, or complaint form to the Department of Transportation’s Aviation Consumer Protection Division at airconsumer@ost.dot.gov or mailed to this address: Aviation Consumer Protection Division Attn: C-75-D U.S. Department of Transportation 1200 New Jersey Ave, SE Washington, DC 20590

5. Individuals with Disabilities Education Act (IDEA)

The Individuals with Disabilities Education Act (IDEA) (formerly called P.L. 94-142 or the Education for all Handicapped Children Act of 1975) is a law that governs how states and public agencies provide early intervention, special education and related services to eligible infants, toddlers, children and youth with disabilities. Infants and toddlers with disabilities (birth – age 2) and their families receive early intervention services under IDEA Part C. Children and youth (ages 3 – 21) receive special education and related services under IDEA Part B.

IDEA requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs.

IDEA requires public school systems to provide appropriate evaluation to determine the child’s eligibility for special education and related services, and how to meet the educational needs of the child. IDEA also requires public school systems to develop appropriate Individualized Education Programs (IEPs) for each child. The specific special education and related services outlined in each IEP reflect the individualized needs of each student.

IDEA also mandates that particular procedures be followed in the development of the IEP. Each student's IEP must be developed by a team of knowledgeable persons and must be reviewed at least annually. The team includes the child's teacher; the parents, subject to certain limited exceptions; the child, if determined appropriate; an agency representative who is qualified to provide or supervise the provision of special education; and other individuals at the parents' or agency's discretion. IDEA requires that the child be invited to attend the meeting “if the purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals” [§300.320(b)]. Types of IEP interventions include assistive technology (e.g., communication boards, computerized language devices, padded supportive chairs), audiology, counseling services, diagnostic medical services, occupational therapy, parent counseling and training, physical therapy, psychological services, recreation, rehabilitation counseling services, school health services, school social work services, speech-language pathology, and transportation.

If parents disagree with the proposed IEP, they can request a due process hearing and a review from the State educational agency if applicable in that state. They also can appeal the State agency's decision to State or Federal court.

With the reauthorization of IDEA in 2004, Congress strengthened the role of parents. Parents are to be full, equal participants in all aspects of their child’s special education program. When it is appropriate, the student is also a member of the team. When the team is discussing transition issues, the student must be a team member. IDEA guarantees that parents have the right to:

• Participate in all meetings concerning their child’s special education.
• Receive notification of meetings in a timely manner
• Request that a meeting be rescheduled so they can attend.
• Give or withhold consent before any initial evaluations. Parents must also give their consent before the release of any information on their child.
• Make informed decisions, which means they understand all decisions and options and why proposals are accepted or rejected.

For more information, contact:

Office of Special Education and Rehabilitative Services, U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202-7100
(202) 245-7468 (voice/TTY)

Sources:

1. Fact Sheet: The Individuals with Disabilities Education Act (PDF).

2. 6 Principles of IDEA (PDF). 

6. Home and Community-Based Services (HCBS) Programs

The information presented in this section is based upon information obtained from the Kansas Department for Aging and Disability Services (KDADS). For more information, please visit the website of KDADS. The following information is pertinent for the state of Kansas only. If you have any questions about any of the described services in a state other than Kansas, contact your local Medicaid agency or the nearest independent living center.

The following section describes the guidelines for the Home and Community-Based Services (HCBS) programs and the specific populations they serve. The services were created to provide medical and non-medical services to children and adults in their home, assisted living or residential care facility. The services were developed to reduce the number of individuals mandated to institutional settings due to debilitating circumstances and to provide independence and community access for all individuals with a wide range of disabilities.

There are nine HCBS programs in Kansas: Frail Elderly; Technology-Assisted; Intellectual and Developmental Disability; Physical Disability; Traumatic Brain Injury; Serious Emotional Disturbance; Autism; Money Follows the Person; and Program of All-Inclusive Care for the Elderly (PACE). Consumers must be eligible for KanCare/Medicaid in addition to the program requirements to be eligible for HCBS services.

6.1 Frail Elderly Program

The Home and Community Based Services Frail Elderly (FE) program provides services including personal care, household tasks, and health services. To be eligible for the FE program individuals must meet the following criteria:

• Be 65 years old o Meet Medicaid income eligibility guidelines
• Meet the Medicaid long-term care threshold

6.2 Technology-Assisted (TA)

The TA Program serves individuals ages 0 through 21 years who are chronically ill or medically fragile and dependent upon a ventilator or medical device to compensate for the loss of vital bodily function and who require substantial and ongoing daily care by a nurse comparable to the level of care provided in a hospital setting, or other qualified caregiver under the supervision of a nurse, to avert death or further disability; or an individual who is hospitalized or at imminent risk of hospitalization, whose illness or disability, in the absence of home care services, would require admission to a hospital.

Eligibility:

• Meet the HCBS-Technology Assisted Program definition.
• Require one or more of the identified primary medical technology and meet the minimum technology score for the specified age group.
• Meet the minimum nursing acuity level of care threshold for the specified age group.

6.3 Intellectual and Developmental Disability

This program serves individuals who are five years of age or older who meet the definition of intellectual disability, developmental disability, or are eligible for care in an Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF-IID).

Contact your local Community Developmental Disability Organization (CDDO) to access this service.

6.4 Physical Disability

This program serves individuals age 16 to 65 years old who meet the criteria for nursing facility placement due to their physical disability, who are determined disabled by social security standards, and who are Medicaid eligible.

Personal services, assistive services, sleep cycle support, and Personal Emergency Response Systems (PERS) and Installation Services can be provided as long as they are approved in your Plan of Care from the Managed Care Organization (MCO).

The program offers a self-directed care option through which consumers may select, hire, train, and supervise attendants, to encourage personal choice of providers and living arrangements.

6.5 Traumatic Brain Injury (TBI) Program

This program serves individuals who have sustained a traumatic brain injury and provides the services needed after injury to ensure that individuals can stay in their homes and be as independent as possible in a safe, healthy environment.

Eligibility:

• Have a traumatic brain injury.
• Be 16 to 65 years of age.
• Meet the criteria for TBI rehabilitation hospital placement (which is determined by a screening).
• Meet the financial guidelines to qualify for Medicaid.

6.6 Serious Emotional Disturbance (SED) Waiver 

Services provided under the SED waiver are for children 4 to 18 years of age who experience serious emotional disturbance and who are at risk of inpatient psychiatric treatment.

SED waiver services provide children with special intensive support so they may remain in their homes and communities. Parents and children are actively involved in planning for all services.

The SED waiver is a federal Medicaid waiver program. Local Community Mental Health Centers provide services covered by the program. Children who meet eligibility requirements will receive a medical card and are eligible for Medicaid physical and behavioral health services.

6.7 Autism Program

Children with an appropriate diagnosis (Autism, Asperger’s Syndrome and Pervasive Developmental Disorder – Not Otherwise Specified) may apply for the Autism Program until their sixth birthday.

The Autism services are limited to three years; however, an additional year may be submitted for approval.

The Program will provide opportunities for children with Autism to receive intensive early intervention treatment and their primary caregivers to receive needed support through respite services

6.8 Money Follows the Person (MFP)

Money Follows the Person is a federal demonstration grant that may phase out at some point in Kansas.

Money Follows the Person is a federal demonstration grant given to help residents of qualified institutional settings (nursing homes and institutions for people with developmental disabilities) move back into communities to live.

Eligibility:

• A current resident of a nursing facility or Intellectual/Developmental Disability Institution with 90 days continuous stay
• Medicare reimbursed days do not count toward the 90 day requirement
• Medicaid eligible 1 day prior to receiving MFP services o Meet the functional eligibility for Program services
• Have interest in moving back to the community

6.9 Program of All-Inclusive Care for the Elderly (PACE)

The PACE program is designed to promote the provision of quality, comprehensive health services for older adults. Primary care physicians and an interdisciplinary team of professionals provide and coordinate all services, providing “one stop shopping” for participants’ needs. Most services are provided in the home and at a PACE Center.

Eligibility:

• Be 55 years of age or older
• Live in the service area of a PACE organization. Current Kansas PACE counties: Dickinson, Douglas, Ellsworth, Harvey, Jackson, Jefferson, Lincoln, Lyon, Marion, Marshall, McPherson, Nemaha, Osage, Ottawa, Reno, Rice, Saline, Sedgwick, Shawnee, Pottawatomie and Wabaunsee
• Be certified by the state in which you live as meeting the need for nursing home level of care
• Be able to live safely in the community with the help of PACE services when you join

7. Plan to Achieve Self-Support (PASS) While Receiving Supplemental Security Income

A PASS is a Social Security work incentive program that lets you set aside money and/or other things you own to help you reach your goal of self-support while you are receiving Supplemental Security Income (SSI). For example, you can set aside money to start a business, to go to school, or to get training for a job.

You are eligible for a PASS if you get SSI (or can qualify for SSI) because of a disability and have or expect to receive income (other than SSI) or resources to set aside toward a work goal.

If you're already getting SSI, having a PASS means you'll be able to keep more of your SSI payment each month. If you don't get SSI because your income or resources are too high, setting up a PASS may help you qualify.

Under regular SSI rules, your SSI check is reduced by other income you have. But the income you set aside for a PASS doesn’t reduce your SSI check. This means you can get a higher SSI benefit when you have a PASS. But you can't get more than the maximum SSI benefit for the state where you live.

Money you save or things you own such as property or equipment that you set aside for a PASS won't count against the resource limit of $2,000 (or $3,000 for a couple). Under regular SSI rules, you wouldn't be eligible for SSI if your resources were above $2,000. But with a PASS, you may set aside some resources and thus become eligible for SSI.

A PASS will pay for just about any expense that will help you reach your work goal.

Expenses will be determined by your goal. A PASS will pay for such things as supplies to start a business, tuition, fees, books, and supplies needed for school or training; supported- employment services, including payments for a job coach; attendant care or child care expenses; equipment and tools to do the job; transportation to and from work; and uniforms, special clothing, and safety equipment.

All plans must be submitted in writing, signed, and dated by the individual, and approved by Social Security. A plan should include:

• A well-defined work goal. 
• An estimated amount of time to reach that goal.
• A plan should not last longer than 3 years, but if your plan involves school or training, it may be as long as 4 years. 
• A description of tools or items needed to achieve your goal. 
• An explanation and accounting of the cost of the items needed to achieve your goal. A proposed savings amount to be set aside each month in order to pay for the items listed.
• A plan for keeping the PASS money separate from any other money you may have.

A PASS may be set up by any individual with help from any outside source (e.g., a vocational rehabilitation counselor, an organization that helps people with disabilities, an employer, a friend or relative) or from personnel at your local Social Security office.

After a PASS is submitted, Social Security will review the plan to make sure it is complete, decide on the appropriateness of the goal, recommend and discuss any needed changes to meet your goal, and send you a letter to tell you of approval or denial.

If a PASS is denied you have the right to appeal the decision or submit a new plan to Social Security.

Changes in the PASS must be submitted in writing and approved before the changes are made or put into action.

If you cannot complete your plan, you may set up a new plan with a new work goal. If you don't set up a new plan, any money or other resources set aside under the original plan may begin to count toward the $2,000 resource limit. Social Security will also begin to count the income you were setting aside under the plan.

Notify the Social Security office immediately when you discover you will not be able to complete your plan. This will alleviate any repayment of any extra SSI you received while you were following the plan. Delays in notification may result in your having to make back payments to SSI. Note: Writing a PASS is complex, and getting it approved by Social Security can be difficult. Consult with your local center for independent living to be sure you have the latest information.

8. Developmental Disabilities Assistance and Bill of Rights Act (DD Act)

The Developmental Disabilities Assistance and Bill of Rights Act (DD Act) is the fundamental law supporting and enhancing the lives of people with developmental disabilities and their families. The purpose of the Act is to “assure that individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports, and other forms of assistance that promote self-determination, independence, productivity, and integration and inclusion in all facets of community life ….”

The Act provides federal financial assistance to states and public and nonprofit agencies to support community-based delivery of services to persons with developmental disabilities to create and enhance opportunities for independence, productivity, and self-determination. The DD Act consists of four programs that create an intersecting network, including State Councils on Developmental Disabilities, Protection and Advocacy Systems, University Centers for Excellence in Developmental Disabilities Education, Research and Service, and Projects of National Significance. Grant funds support initiatives in civil rights protections, education and early intervention, child care, health, employment, housing, transportation, recreation, family support, and other services.

Title I — Programs for Individuals with Developmental Disabilities

It is the policy of the United States that all programs, projects, and activities receiving assistance under this Title shall be carried out in a manner consistent with the principles that:

• individuals with developmental disabilities, including those with the most severe developmental disabilities, are capable of self-determination, independence, productivity, and integration and inclusion in all facets of community life, but often require the provision of community services, individualized supports, and other forms of assistance;
• individuals with developmental disabilities and their families have competencies, capabilities, and personal goals that should be recognized, supported, and encouraged, and any assistance to such individuals should be provided in an individualized manner, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of such individuals;
• individuals with developmental disabilities and their families are the primary decision makers regarding the services and supports such individuals and their families receive, including regarding choosing where the individuals live from available options, and play decision making roles in policies and programs that affect the lives of such individuals and their families;
• services, supports, and other assistance should be provided in a manner that demonstrates respect for individual dignity, personal preferences, and cultural differences;
• specific efforts must be made to ensure that individuals with developmental disabilities from racial and ethnic minority backgrounds and their families enjoy increased and meaningful opportunities to access and use community services, individualized supports, and other forms of assistance available to other individuals with developmental disabilities and their families;
• recruitment efforts in disciplines related to developmental disabilities relating to pre- service training, community training, practice, administration, and policymaking must focus on bringing larger numbers of racial and ethnic minorities into the disciplines in order to provide appropriate skills, knowledge, role models, and sufficient personnel to address the growing needs of an increasingly diverse population;
• with education and support, communities can be accessible to and responsive to the needs of individuals with developmental disabilities and their families and are enriched by full and active participation in community activities, and contributions by individuals with developmental disabilities and their families;
• individuals with developmental disabilities have access to opportunities and the necessary support to be included in community life, have interdependent relationships, live in homes and communities, and make contributions to their families, communities, States, and the Nation;
• efforts undertaken to maintain or expand community-based living options for individuals with disabilities should be monitored in order to determine and report to appropriate individuals and entities the extent of access by individuals with developmental disabilities to those options and the extent of compliance by Entities providing those options with quality assurance standards;
• families of children with developmental disabilities need to have access to and use of safe and appropriate child care and before-school and after-school programs, in the most integrated settings, in order to enrich the participation of the children in community life;
• individuals with developmental disabilities need to have access to and use of public transportation, in order to be independent and directly contribute to and participate in all facets of community life; and
• individuals with developmental disabilities need to have access to and use of recreational, leisure, and social opportunities in the most integrated settings, in order to enrich their participation in community life.

Title II — Family Support

It is the policy of the United States that all programs, projects, and activities funded under this Title shall be family-centered and family-directed, and shall be provided in a manner consistent with the goal of providing families of children with disabilities with the support the families need to raise their children at home.

Title III — Program for Direct Support Workers Who Assist Individuals with Developmental Disabilities

The 2000 DD Act added Title III, Program for Direct Support Workers Who Assist Individuals with Developmental Disabilities, to increase the workforce serving people with developmental disabilities. Congress has not provided direct funding for this program, although Projects of National Significance (PNS) funds have been used for an online training course for direct support workers, the College of Direct Supports, which is used as a resource by agencies and states.

Sources: Text of the DD Act (PDF)

Chapter 10: Resources on Disability and Advocacy

Revised by E Zhang

This chapter provides some resources on disability and advocacy. It is not intended to be exhaustive, but rather serves as a starting point. We encourage you to make use of the internet as well. There are many more resources that you can find online.

American Association of People with Disabilities
2013 H St NW #500
Washington, DC 20006
202-457-0046

American Civil Liberties Union HIV Project
125 Broad Street, 18th Floor
New York NY 10004
212-549-2500

American Council of the Blind
1703 N. Beauregard St., Suite 420
Alexandria, VA 22311
Phone: 202-467-5081, 800-424-8666
Fax: 703-465-5085
info@acb.org

Americans Disabled for Attendant Programs Today (ADAPT)
ADAPT in Denver
1208 South Logan Street
Denver, CO 80210

ADAPT of Texas
1640-A E. 2nd ST. STE 100
Austin, TX 78702
512-442-0252
Email: adapt@adapt.org

ADA National Network
800-949-4232

American Foundation for the Blind
2 Penn Plaza, Suite 1102
New York, NY 10121
Tel: 212-502-7600
Fax: 888-545-8331
Website:

The Arc
1825 K Street NW, Suite 1200
Washington, DC 20006
800-433-5255
 

Association of Programs for Rural Independent Living (APRIL)
501-753-3400
april-elissa@sbcglobal.net

Autistic Self Advocacy Network
PO Box 66122
Washington, DC 20035
Email:info@autisticadvocacy.org

Bazelon Center for Mental Health Law
1101 15th St. NW, Suite 1212
Washington, DC 20005
Phone: 202-467-5730 TDD: 202-467-4232
Fax: 202-223-0409
Email: communications@bazelon.org

Brain Injury Association of America
1608 Spring Hill Rd., Suite 110
Vienna, VA 22182
Phone: 703-761-0750, 800-444-6443
Fax: 703-761-0755

Commission on Disability Rights American Bar Association
1050 Connecticut Ave. NW
Suite 400 Washington, D.C. 20036
202-662-1570
202-442-3439 (fax)
Email: cdr@americanbar.org

Consortium for Citizens with Disabilities
1825 K Street NW, Suite 1200
Washington, DC 20006
202-783-2229 phone
202-783-8250 fax
Info@c-c-d.org

Disabled American Veterans Charity
3725 Alexandria Pike
Cold Spring, KY 41076
877-426-2838

Disabled in Action
Post Office Box 30954
Port Authority Station
New York, NY 10011-0109
Tel. & Fax 718-261-3737 (Voice/TTY)

Disability Rights Advocates
001 Center Street, Fourth Floor
Berkeley, CA 94704-1204
510-665-8644 (Voice)
510-665-8511 (Fax)
frontdesk@dralegal.org

Disability Rights Legal Center
350 S. Grand Ave., Suite 1520
Los Angeles, CA 90071
Phone: 213-736-1031, 866-999-3752
Fax: 213-736-1428
DLRC@dlrcenter.org

Disability Rights Education and Defense Fund
3075 Adeline Street, Suite 210
Berkeley, CA 94703
510-644-2555 (voice)
510-841-8645 fax/tty
Email: info@dredf.org
Provides technical assistance, information, and referrals on laws and rights; provides legal representation to people with disabilities in both individual and class action cases; trains law students, parents, and legislators. Publishes “Disability Rights News” monthly, available in standard print and audiocassette. Free. ADA Hotline provides information on the Americans with Disabilities Act.

Equal Employment Opportunity Commission (EEOC)
131 M Street NE
Washington, DC 20002
Phone: 800-669-4000 TDD: 800-669-6820
info@eeoc.gov
Responsible for developing regulations and enforcing the employment section of the ADA. Copies of its regulations are available in standard print, large print, braille, computer disk, and on audiocassette. Provides guidance to federal agencies in their affirmative action programs for hiring and promoting people with disabilities and processes complaints filed by individuals.

Federal Communications Commission
445 12th St. SW
Washington, DC 20554
Phone: 888-225-5322 TDD: 888-835-5322
Fax: 888-418-0232
PRA@fcc.gov
Responsible for developing regulations related to telephone relay services and other requirements of the ADA as it applies to telecommunications.

Independent Living Research Utilization (ILRU)
1333 Moursund
Houston, TX 77030
Phone/TTY: 713-520-0232
Email: ilru@ilru.org
Maintains a national list of centers for independent living.

Internal Revenue Service (IRS)
Phone: 800-829-1040 TDD: 800-829-4059
The IRS provides technical assistance about tax credits and deductions related to accommodations for disabilities

Job Accommodation Network
Phone: 800-526-7234
TTY: 877-781-9403

Learning Disabilities Association of America
4156 Library Road
Pittsburgh, PA 15234-1349
Phone 412-341-1515; 412-341-1515
Fax 412-344-0224
info@LDAAmerica.org

Legal Action Center
225 Varick St.
New York, NY 10014
Phone: 212-243-1313, 800-223-4044
Fax: 212-675-0286
lacinfo@lac.org

Legal Aid at Work
180 Montgomery Street, Suite 600
San Francisco, CA 94104
877-350-5441

Workers' Rights Disability Law Clinic
415-864-8848
info@legalaidatwork.org
 

National Alliance on Mental Illness
3803 N. Fairfax Dr., Suite 100
Arlington, VA 22203
Phone: 703-524-7600, 800-950-6264
Email: info@nami.org

National Disability Rights Network
900 Second St. NE, Suite 211
Washington, DC 20002
Phone: 202-408-9514 TTY: 202-408-9521
Fax: 202-408-9520
info@ndrn.org

National Association of the Deaf
8630 Fenton St., Suite 820
Silver Spring, MD 20910
Phone: 301-587-1788 TTY: 301-587-1789
Fax: 301-587-1791

National Council on Independent Living (NCIL)
2013 H St. NW, 6th floor
Washington, DC 20006
Phone: 202-207-0334, 877-525-3400
TTY: 202-207-0340
Fax: 202-207-0341
ncil@ncil.org

National Council on Disability (NCD)
1331 F St. NW, Suite 850
Washington, DC 20004
Phone: 202-272-2004
Fax: 202-272-2022
ncd@ncd.gov
An independent federal agency mandated to study and make recommendations about public policy for people with disabilities. Holds regular meetings and hearings in various locations around the country.

National Federation of the Blind
200 E. Wells St.
Baltimore, MD 21230
Phone: 410-659-9314
Fax: 410-685-5653
pmaurer@nfb.org

National Mental Health Consumers’ Self-Help Clearinghouse
1211 Chestnut St., Suite 1100
Philadelphia, PA 19107
Phone: 800-553-4539, 267-507-3810
Fax: 215-636-6312
info@mhselfhelp.org

National Rehabilitation Information Center (NARIC)
8400 Corporate Dr., Suite 500
Landover, MD 20785
Phone: 800-346-2742 TTY: 301-459-5984
Fax: 301-459-4263
naricinfo@heitechservices.com
A federally funded center that responds to telephone and mail inquiries about disabilities and support services. Maintains "REHABDATA," a database with publications and research references.

Office of Civil Rights Department of Health and Human Services (HHS)
200 Independence Ave. SW
Room 509F, HHH Building
Washington, DC 20201
Phone: 800-368-1019 TDD: 800-537-7697
OCRMail@hhs.gov
Responsible for enforcing laws and regulations that protect the rights of individuals seeking medical and social services in institutions that receive federal financial assistance. Individuals who feel their rights have been violated may file a complaint with one of the ten regional offices located throughout the country.

Office of Fair Housing and Equal Opportunity
Department of Housing and Urban Development (HUD)
451 7th St. SW
Washington, DC 20410
202-708-1112 TTY: 202-708-1455
Enforces the Fair Housing Act and distributes publications that explain the Act and how to file a housing discrimination complaint.

Office of Special Education and Rehabilitative Services
US Department of Education
400 Maryland Ave. SW
Washington, DC 20202-7100
202-245-7468
 

Paralyzed Veterans of America (PVA)
801 18th St. NW
Washington, DC 20006-3517
Phone: 800-424-8200
TTY: 800-795-4327
info@pva.org
A membership organization for veterans with spinal cord injury. Advocates and lobbies for the rights of paralyzed veterans and other disabled persons, and sponsors research.

Social Security Administration Office of Disability Operations
1500 Woodlawn Dr.
Baltimore, MD 21241
Phone: 800-772-1213
TDD: 800-325-0778

US Department of Education, Office for Civil Rights
Lyndon Baines Johnson Department of Education Building
400 Maryland Ave. SW
Washington, DC 20202-110
Phone: 800-421-3481
TDD: 800-877-8339
Fax: 202-453-6012
OCR@ed.gov
Responsible for enforcing laws and regulations designed to protect the rights of individuals in educational institutions that receive federal financial assistance. Individuals who feel their rights have been violated may file a complaint with one of the ten regional offices located throughout the country.

United States Access Board
1331 F Street NW, Suite 1000
Washington, DC 20004-1111
Voice: 202-272-0080, 800-872-2253
TTY: 202-272-0082 or 800-993-2822
Fax: 202-272-0081
info@access-board.gov
The U.S. Access Board is a federal agency that promotes equality for people with disabilities through leadership in accessible design and the development of accessibility guidelines and standards for the built environment, transportation, communication, medical diagnostic equipment, and information technology.

United Spinal Association
120-34 Queens Blvd. #320
Kew Gardens, NY 11415
800-962-9629
info@unitedspinal.org

Good luck exploring these resources and others you may find for your own particular disability-rights related concerns. Use the table below to create your own list of advocacy resources so you can be better prepared for your advocacy!