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. 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 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 aroadmap for municipalities across California. Read about the Oakland case on the CFILC v. Oakland section of this newsletter. Teresa Favuzzi, Executive Director of CFILC "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." Marian Gray, Plaintiff Painting by NIAD Artist (http://www.niadart.org) Marlon Mullen (http://www.niadart.org/Marlon_Mullen_bio_bw.html) "Before the settlement, I thought I would be stranded in my home during a disasteror turned away from a shelter because I use a wheelchair and ventilator. As a resultof collaborative efforts between DRA and Oakland, I am relieved that an emergencyplan exists, and I will not be left behind when the next disaster strikes." 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. AT&T DISABILITY RESOURCES (http://www.wireless.att.com/learn/articles-resources/disability-resources/disability-resources.jsp) PLEASE JOIN OUR LEAD DONORS IN BEING A CHAMPION OF PEOPLE WITH DISABILITIES! Goldstein Demchak Baller Borgen & Dardarian AAA Starbucks Benjamin Foss & Alexis Filippini Linda Dardarian Lucy Lee Helm Mike Stanley Richard Thesing Sid Wolinsky & Pat Kirkpatrick Please make your tax deductible contribution today! To donate go to this site: (http://www.dralegal.org/donation/Annual_Appeal.php) You may also donate by phone: 510-665-8644 or mail: 2001 Center Street, Fourth Floor, Berkeley, CA 94704 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 ofconsideration 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. 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. COMMUNITIES ACTIVELY LIVING INDEPENDENT AND FREE (CALIF) V LOS ANGELES Lillibeth Navarro, Executive Director of CALIF "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." Following the Oakland case, Los Angeles became another major focus of DRA's emergency preparedness work. The City of Los Angeles is home to half a million residents with disabilities (approximately 15 - 20 %). Despite these statistics, the City of Los Angeles does not have an emergency plan that truly addresses the needs of people with disabilities. 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 needfor 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. 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. 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:(http://www.ncd.gov/newsroom/publications/index_subject.htm#5) Accessibility: To receive a text-only version of this newsletter and future DRA newsletters, please contact us at: general@dralegal.org.