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The Disability Grapevine Online Newspaper: Issue #33
Saturday, August 07, 2004
Year 5
http://www.disabilitygrapevine.com
****The Number One Daily Newspaper for People with Disabilities****
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>From JFA
1. "DOJ Finds CA Contributes to Institutionalization"
A Press Release from the U.S. Department of Justice:
TUESDAY, AUGUST 3, 2004
WWW.USDOJ.GOV
(202) 514-2008; TDD (202) 514-1888
JUSTICE DEPARTMENT FINDS STATE OF CALIFORNIA CONTRIBUTES TO
UNNECESSARY INSTITUTIONALIZATION AT LAGUNA HONDA NURSING
HOME
WASHINGTON, D.C. - The Justice Department today announced
the results of its investigation into the State of
California's role in the unnecessary institutionalization
of residents at Laguna Honda Hospital and Rehabilitation
Center ("Laguna Honda"), in San Francisco, California. The
Department found evidence that the state is contributing to
the unnecessary segregation of individuals with
disabilities residing at the 1,200-bed nursing home. The
Department's findings were transmitted in a letter from R.
Alexander Acosta, Assistant Attorney General for the Civil
Rights Division, to California Governor Arnold
Schwarzenegger.
"The Supreme Court has made clear that unnecessary
isolation of individuals with disabilities in institutions,
including nursing homes, is discrimination that diminishes
individuals' ability to lead full and independent lives,"
said R. Alexander Acosta, Assistant Attorney General for
Civil Rights. "The law requires, and we will ensure, that
people with disabilities, like all Americans, have equal
access and opportunity to participate in community life."
The announcement is part of the Department's long-standing
investigation into whether residents of Laguna Honda are
being served in the most integrated setting appropriate to
their needs, as required by the Americans with Disabilities
Act of 1990 (" ADA"). The Department initiated its
investigation of the California following findings in May
1998 and April 2003 that San Francisco, which owns and
operates Laguna Honda, unnecessarily isolates residents in
violation of the ADA.
The Department found evidence that California has failed to
ensure that residents eligible for community placement have
meaningful access to community alternatives. Instead, the
state routinely authorizes placements without requiring
adequate assessments evaluating the appropriateness of
home- and community-based care. As a result, individuals
are not informed of community options available in
California and remain at Laguna Honda long after they
become eligible for community programs and services.
This investigation is part of the Department's efforts to
enforce the Supreme Court's 1999 decision, Olmstead v. L.C,
in which the Court held that, pursuant to the Americans
with Disabilities Act, states must provide services to
residents with disabilities in the most integrated setting
appropriate. The Department's focus in this area targets
unnecessary institutionalization of individuals with
disabilities.
Protecting the rights of institutionalized persons is a
priority of the Department of Justice. Since 2001, the
Civil Rights Division has opened 44 investigations
impacting 51 facilities into the terms and conditions of
confinement at nursing homes, mental health facilities,
residences for persons with developmental disabilities,
juvenile justice facilities, and jails. These figures
represent a 100% increase over the 20 such investigations
initiated over the preceding three years.
More information about the Special Litigation Section of
the Justice Department's Civil Rights Division can be found
at http://www.usdoj.gov/crt/split/index.html
# # #
2. "Be Part of Civil Rights Documentary Tour"
>>From AARP and LCCR:
The AARP and the Leadership Conference on Civil Rights want
to make sure that detailed, compelling narratives survive
the civil right movement's aging participants. So they plan
to create a permanent, comprehensive archive of the civil
rights struggle of the 1960s, while they still can. Between
now and Oct. 16, volunteers will ride a bus across the
country (tour dates are listed below), interviewing
participants in the movement and compiling the country's
largest collection of firsthand accounts, which will be
catalogued online at www.voicesofcivilrights.org and held
in the Library of Congress.
The Bus Tour departed from Washington, D.C. on August 3rd.
Join it as it travels to some of the cities along the route
of the 1961 Freedom Rides to Jackson, Mississippi, and
proceed to historic sites around the country as they gather
your personal stories about the Civil Rights Movement and
the continuing quest for equality (including disability
rights) in America today.
On board are a team of award-winning journalists,
photographers, and videographers. They will document the
people and special events that are part of the tour.
The History Channel is filming the Voices of Civil Rights Bus Tour.
Take a look at some of the footage on the Video page
http://www.voicesofcivilrights.org/bustour/bus.asp?page=video.html.
Their work will culminate with a one-hour documentary about this 70-
day odyssey, scheduled to air in February 2005
Tour Dates
AUGUST:
3 Washington, DC;
4 Richmond, VA;
5 Raleigh, NC/Durham, NC;
6 Greensboro, NC;
7 Charlotte, NC;
8 Summerton, SC;
8-9 Columbia, SC;
9 Orangeburg, SC;
12 Tallahassee, FL;
14 Birmingham, AL;
15 Montgomery, AL;
16 Selma, AL;
19-22 Jackson, MS;
20 Philadelphia, MS;
23 Hattiesburg, MS;
24 New Orleans, LA;
25 Baton Rouge, LA;
26 Houston, TX;
27 San Antonio, TX;
29 Hobbs, NM;
31 Espaqola, NM;
SEPTEMBER:
4-6 Oakland, CA;
8 Modesto, CA
10-12 Los Angeles, CA
18 Memphis, TN;
24 Atlanta, GA;
25-26 Little Rock, AR;
28 Columbus, OH;
30 Detroit, MI
OCTOBER:
2 Indianapolis, IN;
5 Chicago, IL;
6 St. Louis, MO;
8 Topeka, KS;
11 Las Vegas, NV
# # #
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that of The Disability Grapevine.
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Publisher and Executive Editor: Paul Cannaday
Managing Editor: Marijo Cannaday
Advice Columnist: Just Ask Joe: Joseph Lovecchio
Special Columnist: Rev. Rus Cooper-Dowda
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