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Disability
Rights Advocates (DRA) is one of the leading disability rights nonprofit law firms in
the nation. Our
mission is to advance equal rights and opportunity for people with all types of
disabilities nationwide.
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| Fall Newsletter - October 2009 |
IN THIS ISSUE:
- Introduction to Emergency Preparation Project
- Annual Appeal
- Significant Cases and Negotiations
- CFILC v. Oakland
- Richmond
- CALIF v. Los Angeles
- California Public Utilities Commission
- National Council on Disability Report
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EMERGENCY PREPARATION PROJECT
Hurricane
Katrina
highlighted that most American cities lack functional emergency
preparation plans, and those that have them fail to consider the unique
needs
of people with disabilities. When
natural disasters strike, people with disabilities, including frail
seniors,
face extraordinary risk. Research shows that of the nearly 1,000 people
who
died during Katrina, almost half were 75 or older, many with
disabilities. Those who cannot see and hear warning and
emergency instructions may not be evacuated. Persons who rely on
electricity to breathe or
charge power wheelchairs face grave danger in a power outage. Those
with
mobility impairments need unimpeded access to shelter and services. People with disabilities are
disproportionately low-income and are more likely to use emergency
shelters
because they do not have other options. Yet,
most cities have not planned for emergency shelter, transportation,
communication, or the medical needs of people with various types of
disabilities. As a result, in disaster situations, people with
disabilities are the most likely to be injured, left behind, and/or
die.
DRA
has launched an Emergency Preparation Project with the goal of systemically
improving emergency preparation plans across California. The concept is to create a universal plan,
leading to a smarter, more comprehensive, more responsive system overall. We are pleased to report that our initial
efforts have yielded a landmark settlement with the City of Oakland, setting in place a model emergency
preparation plan. We believe the Oakland settlement can act as a
roadmap for municipalities across California. Read about the Oakland case on the CFILC v. Oakland section of this newsletter.
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Teresa Favuzzi,
Executive Director of CFILC |
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"I would like to commend Oakland's emergency plan as it incorporates the needs of people with various types of disabilities. The model plan is on target with the concept of universal design and will be accessible to everyone at every age."
"Before the settlement, I thought I would be stranded in my home during a disaster or turned away from a shelter because I use a wheelchair and ventilator. As a result of collaborative efforts between DRA and Oakland, I am relieved that an emergency plan exists, and I will not be left behind when the next disaster strikes."
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ANNUAL APPEAL
Our 2009 Annual Appeal is now underway. Your generosity
sustains our fight against discrimination. We need to keep pushing for equal
rights, especially now that this economy keeps pushing back against people
with disabilities.
AT&T Inc. and Schneider Wallace Cottrell Brayton
Konecky LLP will match each dollar donated to DRA's Annual Appeal through the
end of the year, up to $12,500! Your donation will now have double the
impact on the lives of people with disabilities.
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PLEASE JOIN OUR LEAD DONORS IN BEING A CHAMPION OF PEOPLE WITH DISABILITIES!
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Benjamin Foss & Alexis Filippini
Linda Dardarian
Lucy Lee Helm
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Mike Stanley
Richard Thesing
Sid Wolinsky & Pat Kirkpatrick
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Please make your tax deductible contribution today! To donate click here. You may also donate by phone: 510-665-8644 or mail: 2001 Center Street, Fourth Floor, Berkeley, CA 94704
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CALIFORNIA FOUNDATION FOR INDEPENDENT LIVING CENTERS (CFILC) V. OAKLAND This was the first case to emerge from DRA's Emergency Preparation Project. The City of Oakland is particularly disaster prone and susceptible
to a variety of emergencies. Since 1983, the City of Oakland has experienced eight Presidential-declared
disasters, including the 1989 Loma Prieta earthquake, 1991 Oakland Hills
Firestorm, the 1997 El Nino winter storms, and the 1998 La Nina winter storms. During many of these disasters, the homes of Oakland residents were destroyed, requiring mass
evacuations and the provision of emergency shelter services. An estimated 15 - 20 % of Oakland's population is disabled. In 2007, DRA filed a landmark suit against the City of Oakland due to the lack of consideration of people with disabilities in the City's emergency preparation plan. After the lawsuit was filed, Oakland immediately began to
work with DRA in cooperative negotiations. We are pleased to announce that a sweeping settlement was reached in September 2009. This comprehensive plan not only provides access to emergency
notification systems, shelters, and evacuation and transportation, but also
includes emergency personnel who will be trained to assist people with
disabilities. Further, the plan will implement recovery efforts for those displaced during a disaster and offer trainings to gather input from people with disabilities.
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RICHMOND
Richmond is another city at high
risk for emergencies, compounded by the presence of a major oil refinery with a
history of various accidents. An estimated 15 - 20 % of Richmond's residents have disabilities. DRA identified Richmond as a municipality
lacking an emergency preparation plan fully inclusive of those with
disabilities. DRA contacted the City and we are pleased to report that we are
currently engaged in cooperative negotiations to develop an emergency plan
similar to Oakland's. We are working with
local officials and experts to tailor the model Oakland plan to Richmond's specific needs.
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COMMUNITIES ACTIVELY LIVING INDEPENDENT AND FREE (CALIF) V.
LOS ANGELES
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Lillibeth Navarro,
Executive Director of CALIF |
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"As an independent living center serving people with all types
of disabilities in L.A., we are very aware of the City's and
County's shortcomings in this area. During the City's most recent disaster drill, our hearing
impaired constituents couldn't understand the announcements and
had no idea what they were supposed to do. People we serve who have
mobility impairments don't know whether any of the City's shelters will be accessible. The
whole situation is a mess, and may have tragic consequences if we
don't do something about it soon."
DRA along with Disability
Rights Legal Center (DRLC) is pursuing a lawsuit against the City and County of Los Angeles for their failure to include
the needs of people with disabilities in emergency planning. Currently, the City provides most emergency announcements over loudspeakers or bullhorns. This
excludes residents who are deaf or hard of hearing from receiving vital
information and instructions for dealing with emergency situations and
disasters. Also, neither the City nor the County provides accessible
transportation or accessible shelters in their emergency plans. The lack of
accessible transportation means that when a disaster strikes and there is a need
for evacuation, people with mobility disabilities, including seniors who use
wheelchairs, could be stranded in their homes. And if wheelchair users manage to get
to emergency shelters, there are no shelters to accommodate them fully. These deficiencies in
emergency planning can have devastating life-or-death consequences for people
with disabilities and seniors who live in Los
Angeles. We hope this lawsuit will result in the City and County of Los Angeles working with us to develop
a plan similar to Oakland's.
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CALIFORNIA PUBLIC UTILITIES COMMISSION
DRA's
ongoing work before the California Public Utilities Commission integrates emergency
preparedness issues concerning people with disabilities with telecommunications
and wildfire planning. Emergency preparedness involving these two issues has
been the focus of two proceedings in which DRA has participated.
One proceeding
focused on the availability of backup power to ensure that telecommunications
services are operable during emergencies and power outages. It also addressed
the usefulness of emergency notifications systems such as Reverse-911. DRA
focused on the specialized telecommunications needs of people with
disabilities, in particular people who are deaf or hard-of-hearing. Many assistive devices that people with
disabilities rely on for telecommunications do not work at all during power
outages, and many emergency notification systems fail to adequately address
effective communication with people who use these devices. In response to DRA's concerns, the Commission
held a workshop and continues to work on developing an educational program about
these issues.
In another
proceeding, San Diego Gas & Electric, sought permission to turn off power
for extended periods of time (up to 72 hours) in non-emergency Santa Ana wind conditions in order to reduce the
risk of wildfires being started by power lines. DRA brought the risks of
extended outages for people with disabilities to the attention of the
Commissioners. These risks include harm
if people do not receive notice of the extended outage in advance, and thus
lose access to life-sustaining medical equipment, communication devices,
mobility devices, or the means to evacuate; the costs of evacuation for a
population that is disproportionately low income, and the risk of harm from an
evacuation process. DRA also worked with other consumer groups to highlight the
utility's failure to demonstrate that its plan would reduce the overall risk of
wildfires in the communities at issue.
The Commission eventually rejected the utility's application, relying heavily on information provided by DRA in reaching its decision.
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NATIONAL COUNCIL ON DISABILITY REPORT
The National Council on Disability (NCD), produced an illuminating report: Effective Emergency Management: Making Improvements for Communities and
People with Disabilities. The report highlighted the disparity in
emergency preparedness for people with disabilities and calls for sweeping national changes. Not only is there a lack
of research that identifies effective emergency practices for people with
disabilities, but when people with disabilities are considered in emergency
planning, they are treated as "one homogenous population" (p. 14). Public entities are thus ignoring the unique needs of individuals with various types of disabilities. The report confirms DRA's own investigations and reaffirms our commitment to fixing this national problem. Read the Report
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Accessibility:
To receive a text-only version of this newsletter and future DRA newsletters, please contact us at: general@dralegal.org.
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