CDCAN DISABILITY
RIGHTS NEWS REPORT
California
Disability Community Action Network
California
Disability Community Action Network
Advocacy
Without Borders: One Community
News Impacting People With
Disabilities, Mental Health Needs, Seniors & others, including
Asian Pacific Islanders, Latinos, African Americans communities across
California and beyond
Goes out to over 45,000
people, organizations, policy makers across California
REPLY TO: MARTY OMOTO -
martyomoto@rcip.com
website: www.cdcan.us
REPORT #078-2008 -
APRIL 18, 2008 - FRIDAY
REMEMBERING
BETTY BACON: A celebration of the life of Betty Bacon, a
long time disability advocate will be held on April 20th, Sunday at
2:00 PM at the Town and Country Resort hotel in San Diego. Betty
Bacon passed away Sunday February 24, 2008 after a brief illness at
age 61. She was loved by many in her community and across the
State for her leadership and example.
Breaking News:
* Sens. Corbett & Steinberg To Introduce
Civil Rights Bill
* SB 1608 Impacts Access Rights
* Major Impact to People With Disabilities, Blind, Deaf,
Seniors
Scheduled for Hearing on 4/28 in Senate Business &
Professions Committee and 4/29 in Senate Judiciary Committee
SACRAMENTO (CDCAN) - Sen. Ellen Corbett (Democrat - San
Leandro) and Sen. Darrell Steinberg (Democrat - Sacramento) will
introduce next week civil rights legislation impacting access rights
for persons with disabilities, mental health needs and seniors that
they hope will increase compliance but also address some concerns
raised by business owners. For attachment of draft language, go
to the CDCAN website at www.cdcan.us.
The bill, SB 1608, will be amended early next week, and will be
scheduled for hearing in two Senate committees and reportedly has
bi-partisan support from Senate Republicans and Democrats.
Authors hope that advocates from both the business, disability,
senior, and other communities will support the legislation - though
that remains uncertain at this point.
The senators plan to hold at least two meetings with advocates - one
small one, and a larger meeting next week and in the coming weeks.
SB 1608 is one of several important bills impact civil rights of
people with disabilities, mental health needs, the blind, the deaf and
seniors, and one of four that deal specifically with access rights
related issues. Two of those other bills - AB 2533 by
Assembly Rick Keene (Republican - Chico, 3rd District) is set
for hearing April 29 in Assembly Judiciary Committee and SB 1766 by
Sen. Tom McClintock (Republican - Thousand Oaks), set for hearing also
on April 29, in Senate Judiciary Committee. (see previous CDCAN Report
for details)
Several other critical bills dealing with civil rights related issues
include those dealing with fair hearing in special education.
CDCAN will be scheduling CDCAN townhall telemeetings on these bills
and issues in the coming weeks to provide opportunity for people to
ask questions, hear discussion and make comments.
COMMITTEE HEARING DATES FOR SB 1608
April 28, 2008 (Monday)
Senate Business, Professions and Economic Devbelopment Committee
Chair: Sen.Mark Ridley Thomas (Democrat - Los Angeles)
1:30 PM (or upon adjournment of the Senate floor session)
State Capitol - Room 3191
and
April 29, 2008 (Tuesday)
Senate Judiciary Committee
Chair: Sen. Ellen Corbett (Democrat - San Leandro)
1:00 PM - State Capitol - Room 4203
SB 1608
Summary of What SB 1608 Will Do
The following is a summary of what SB 1608, when it is amended
next week, will do from the authors:
1. Creates the California Commission on Disability Access, an
independent state entity with responsibility for:
Monitoring disability access compliance in California
Monitoring disability access compliance in California
* Acting as an information center on disability access
requirements
* Making recommendations to the Legislature on needed changes
in disability access laws
* Developing—with the Building Standards Commission—a
master checklist for building inspectors to use for disability
access compliance
* Studying and issuing reports on disability access issues
such as whether the Certified Access Specialist (CASp)
program—which certifies and licenses inspectors who have
significant knowledge of disability access laws—is meeting the
needs of the disability and business communities.
2. Specifies the make-up of the 19-member California
Commission on Disability Access as follows:
* Two Senators and two Assembly Members
* Two public members appointed by the Senate Committee on
Rules; one from the disability community and one from the business
community
* Two public members appointed by the Speaker of the Assembly;
one from the disability community and one from the business
community
* Nine public members appointed by the Governor, subject to
confirmation by the Senate; five from the disability community and
four from the business community
* The Attorney General
* The State Architect
3. Requires an attorney who either sends a “Demand for
Money” letter to a business, or files a lawsuit against a
business, alleging a physical access violation to send a notice to
the defendant informing the defendant of his or her legal rights
as well as his or her obligations to comply with both state and
federal disability access laws.
3. Requires a CASp, when he or she determines that a business
meets applicable construction-related accessibility standards, to
issue the business a report indicating that the business meets
these standards. The CASp must also give the business a
numbered, watermarked “Disability Access Certificate” which
the business may display in its window to indicate its status.
4. Allows a defendant who is sued for violating physical
access laws relating to building construction to request an
immediate stay of the accessibility claim and an early evaluation
conference when the defendant has either (1) obtained a CASp
inspection report indicating that it meets applicable
construction-related accessibility standards or (2) had its
business inspected by a CASp and is in the process of addressing
any identified corrections.
* Requires a court, upon application by a “qualified”
defendant, to issue an order (1) granting a stay of the
accessibility claim, and (2) schedules a mandatory early
evaluation conference within 35 days of the application at which
both parties must appear in person. The stay would apply
only to the accessibility claim and would not apply to other
causes of actions or claims if the case involved multiple claims.
Also, the stay provisions would not apply if the plaintiff has
obtained temporary injunctive relief in the accessibility claim.
* At least 15 days before the conference, the defendant must share a copy of the CASp inspection report with the plaintiff, and the plaintiff must provide the defendant with the specific issues that are the basis for the claimed violations, the amount of damages claimed and attorney’s fees and costs incurred.
* If the defendant fails to provide a copy of the CASp inspection report to the plaintiff prior to or at the early evaluation conference, the court would lift the say at the conclusion of the conference unless the defendant can show good cause for the failure. The court is also authorized to lift the stay at the conclusion of the conference upon the plaintiff’s showing of good cause. Otherwise, the stay would continue until 90 days after its issuance or is lifted earlier by the court.
* At least 15 days before the conference, the defendant must share a copy of the CASp inspection report with the plaintiff, and the plaintiff must provide the defendant with the specific issues that are the basis for the claimed violations, the amount of damages claimed and attorney’s fees and costs incurred.
* If the defendant fails to provide a copy of the CASp inspection report to the plaintiff prior to or at the early evaluation conference, the court would lift the say at the conclusion of the conference unless the defendant can show good cause for the failure. The court is also authorized to lift the stay at the conclusion of the conference upon the plaintiff’s showing of good cause. Otherwise, the stay would continue until 90 days after its issuance or is lifted earlier by the court.
* Provides that the purpose of the early evaluation conference
includes evaluation of (1) whether the defendant is entitled to
the temporary stay or has corrected or is willing to correct the
alleged violations, and the timeline for doing so, or (2) whether
the case can be settled.
* Requires the Judicial Council to prepare and post on its
website relevant forms and instructions to help the parties
5. Requires architects to have completed coursework in
disability access requirements in order to renew their license
6. Imposes continuing education requirements on local building
officials in disability access requirements
7. Permits a local agency or a person adversely affected to
appeal a decision of a local agency regarding a disability access
requirement to the Building Standards Commission and provides that
the Commission may accept the appeal only if the issues involved
have statewide significance
8. Provides that the provisions relating to the “Demand for
Money” letter, stay and early evaluation conference and Building
Standards Commission are operative only if the California
Commission on Disability Access is funded and operational
URGENT!!!
YOUR CONTRIBUTIONS NEEDED - CDCAN OFFICE WILL BE CLOSING!
Townhall Telemeetings, reports and alerts and other activities cannot continue without your help!
Townhall Telemeetings, reports and alerts and other activities cannot continue without your help!
Advocacy
Without Borders - We Are ONE Community:
Connecting People With Disabilities, Mental Health Needs, Seniors, Traumatic Brain & other injuries, People with MS & other health needs, including People of color, different languages, cultures, Families, Workers, Providers, & Organizations to Rights & Unified Action.
This report - and the CDCAN townhall telemeetings, and other events and projects are for all of them and for promoting advocacy without borders toward unified action. We are one community.
To respond to this report reply to: Marty Omoto at martyomoto@rcip.com CDCAN website: www.cdcan.us
To continue the CDCAN website, the CDCAN News Reports. sent out and read by over 45,000 people and organizations, policy makers and media across California and to continue the CDCAN Townhall Telemeetings which since December 2003 have connected thousands of people with disabilities, seniors, mental health needs, people with MS and other disorders, people with traumatic brain and other injuries to public policy makers, legislators, and issues. Please send your contribution/donation (make payable to "CDCAN" or "California Disability Community Action Network):
CDCAN
1225 8th Street Suite 480
Sacramento, CA 95814
Note: the paypal option on the CDCAN website is temporarily not working and will be fixed soon.
The CDCAN Townhall Telemeetings are partially funded by a small grant from the USC UCEDD, Grant #90DD0540 from the Administration on Developmental Disabilities. (note: the opinions expressed or content in these reports do not necessarily reflect the views or opinions of the USC UCEDD.
MANY MANY THANKS to Alta California Regional Center, FEAT (Families for Early Autism Treatment), Friends of Children with Special Needs, Life Steps, Easter Seals California, Parents Helping Parents, UCP of Los Angeles and Ventura Counties, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Manteca CAPS, Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR) including CDR chapters, CHANCE Inc, , Strategies To Empower People (STEP), Harbor Regional Center, Tri-Counties Regional Center, Asian American parents groups, Resources for Independent Living and many other Independent Living Centers, several regional centers, People First chapters, IHSS workers, other self advocacy and family support groups, developmental center families, adoption assistance program families and children, and others across California
Connecting People With Disabilities, Mental Health Needs, Seniors, Traumatic Brain & other injuries, People with MS & other health needs, including People of color, different languages, cultures, Families, Workers, Providers, & Organizations to Rights & Unified Action.
This report - and the CDCAN townhall telemeetings, and other events and projects are for all of them and for promoting advocacy without borders toward unified action. We are one community.
To respond to this report reply to: Marty Omoto at martyomoto@rcip.com CDCAN website: www.cdcan.us
To continue the CDCAN website, the CDCAN News Reports. sent out and read by over 45,000 people and organizations, policy makers and media across California and to continue the CDCAN Townhall Telemeetings which since December 2003 have connected thousands of people with disabilities, seniors, mental health needs, people with MS and other disorders, people with traumatic brain and other injuries to public policy makers, legislators, and issues. Please send your contribution/donation (make payable to "CDCAN" or "California Disability Community Action Network):
CDCAN
1225 8th Street Suite 480
Sacramento, CA 95814
Note: the paypal option on the CDCAN website is temporarily not working and will be fixed soon.
The CDCAN Townhall Telemeetings are partially funded by a small grant from the USC UCEDD, Grant #90DD0540 from the Administration on Developmental Disabilities. (note: the opinions expressed or content in these reports do not necessarily reflect the views or opinions of the USC UCEDD.
MANY MANY THANKS to Alta California Regional Center, FEAT (Families for Early Autism Treatment), Friends of Children with Special Needs, Life Steps, Easter Seals California, Parents Helping Parents, UCP of Los Angeles and Ventura Counties, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Manteca CAPS, Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR) including CDR chapters, CHANCE Inc, , Strategies To Empower People (STEP), Harbor Regional Center, Tri-Counties Regional Center, Asian American parents groups, Resources for Independent Living and many other Independent Living Centers, several regional centers, People First chapters, IHSS workers, other self advocacy and family support groups, developmental center families, adoption assistance program families and children, and others across California