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OFFICE OF HANDICAPPED CONCERNS
WILL'S CORNER, OKLAHOMA
(Serving the Disability Community of Oklahoma)
Volume 5, Issue 3
July, 2004
YOUTH PREPARE FOR LIFE
Jesse Marquez, a high school junior with disabilities from
Woodward, Oklahoma says, “A counselor at school gave me an
application for the Youth Leadership Forum, and I sent it in never
expecting to be selected as a delegate, but here I am.” Joy Johnson
from Del City High School says, “I am a student with learning
disabilities, and I have had a hard time with reading for my
academic subjects. But, I love to sing. They told me I couldn’t
take music until my grades were better, and this inspired me to
work harder so I could do what I really like to do. I want to be a
music teacher.”
A group of enthusiastic students with various disabilities gathered
on the campus of the University of Science and Arts in Chickasha,
Oklahoma the week of June 21 for the first-ever Youth Leadership
Forum sponsored by the Oklahoma Developmental Disabilities Council.
Sophomores and juniors from all over Oklahoma were selected because
of their leadership abilities. It just happens that these young
people also had a disability. They came together to talk about
their schools and to plan for their future. I listened with awe as
one young man talks about his hopes to be an architect. A young
woman glows as she shares her desire to be a kindergarten teacher.
Another student wants to be a sports journalist. Speaker Rick de
Rennaux emphasizes, “You’re not here because of your disabilities.
You’re here because we think you can make a difference in other
people’s lives with your talents.”
Lorrie Sylvester led a group of volunteers from the audience into a
circle with a large, inflated ball in the center. The ball was
passed from one student to the other on opposite sides of the
circle with ever-increasing speed while the volunteers were
encouraged to focus on the ball with all their energies. Focus on
your life goal. Allow the distractions to fade as you direct your
efforts. Overcome the obstacles as you keep your goal above
everything else.
Jan Garrett is the director of the world’s first center for
independent living in Berkeley, California. (Today independent
living centers are all over the United States, and we have five in
Oklahoma.) “In college I was selected to study in France for a
year. People were amazed that I got out in public and pursued my
life. They were amazed, but they supported my efforts. Disability
is sheik, and don’t let anyone tell you different. Be who you are,
not how somebody else thinks you should be.”
Mike Shuttic works with students with disabilities at Oklahoma
State University. Mike says, “Identify your own needs before you go
to college. When you know your needs, you will know what
accommodations to ask for. The college administration might not
know that certain things are a problem. Push to get things done.”
Each speaker was introduced by one of the students using prepared
information. Students spent five days on the beautiful campus of
the Oklahoma University of Science and Arts. In the dorm common
area, I saw groups clustered around a board game and others just
talking like kids like to do. Yea, the food was pretty good. Are
you going to encourage other kids at your school to apply next
year? You bet I am. Tomorrow I learn the group is going to the
State Capitol in Oklahoma City and will be speaking with Lieutenant
Governor Mary Fallin. Something tells me they will be speaking as
much as they will be listening.
We talked with you about the Youth Leadership Forum in the January
issue of Will’s Corner, Oklahoma. We interviewed Lathonya Shivers
of the Developmental Disabilities Council about applications for
the Forum. Lathonya is the organizer of this event, and the DD
Council is the sponsor. Plans are for this to be an annual event,
and applications will be taken next spring for the 2005 Youth
Leadership Forum. If you are a sophomore or junior in high school,
you may want to consider applying. If you are interested, you may
go to an administrator of your school to request an application.
You may want to call Lathonya Shivers at the DD Council
(800-836-4470) if you want more information.
Remember, it is easy to be discouraged thinking you cannot have a
future because of your disability, but this is not true. Whether
you attend the Youth Leadership Forum or not, you can begin to
think about your future. Where will you live? What will you do?
What do you want from life? It is important to have expectations
and that those expectations be realistic. Realistic thinking is
hard to do. It does not come easily. It requires that we go deep
into ourselves—to know who we are and what we want. But when we do
this, wonderful things can happen. Our lives can become changed
forever.
Picture of: Lieutenant Governor Mary Fallin with members of the
Your Leadership Forum
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OHC web site:
www.ohc.state.ok.us
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Tennessee v. Lane
On July 26, 1990 President George Bush senior signed into law the
historic Americans with Disabilities Act (ADA) which is the
monumental civil rights act for people with disabilities. The ADA
shares some things in common with the Civil Rights Act of 1964
which also celebrated a birthday in July. Both acts brought massive
social changes to disenfranchised minorities. Both turned the
direction of America towards inclusion, first with people of color
and later with people with disabilities. Both brought people who
were members of minorities into mainstream American life and
conferred rights and responsibilities on them. The Civil Rights Act
of 1964 celebrated its 40th birthday on July 2 and has had a longer
period to become an integral part of American society than has the
ADA. While the ADA levels the playing field for people with
disabilities on paper, we all know that there are still significant
areas of American society where restrictions and discrimination
occur for people with disabilities. The U.S. Supreme Court has
received several important cases in recent years which have served
to define the Americans with Disabilities Act and integrate it more
completely in American society. Tennessee v. Lane is the most
recent case (May 17, 2004) reviewed by the court which is based
upon an infraction of the Americans with Disabilities Act.
In August 1998, George Lane and Beverly Jones filed suit against
the State of Tennessee alleging past and ongoing violations of
Title II of the Americans with Disabilities Act. Both George Lane
and Beverly Jones use wheelchairs for mobility. They claimed they
were denied access to the state court system because of their
disability. Beverly Jones worked as a certified court reporter and
claimed she lost work because she could not get into a number of
county courthouses. George Lane stated that he was ordered to
appear before a court to answer criminal charges even though the
court was on the second floor of a building without an elevator. At
his first appearance, Lane crawled up two flights of stairs to get
to the courtroom. When he returned to the court a second time for a
hearing, he refused to crawl again or be carried by officers of the
courtroom. Consequently he was jailed for failure to appear.
Title II of the ADA prohibits discrimination in public services,
programs, or activities and these refer to state and local
government services. The State of Tennessee did not contest that
George Lane or Beverly Jones had unequal access to the court
system. Rather, Tennessee argued that Congress did not have
authority to allow individuals to sue the state as Congress had
done in the passage of the Americans with Disabilities Act.
Tennessee argued they were protected from such suits by the
Eleventh Amendment of the U.S. Constitution.
These were the arguments both sides presented before the U.S.
Supreme Court in Tennessee v. Lane. The Court dismissed Tennessee’s
contention that the Eleventh Amendment protected them from suit by
an individual. The justices said that in the ADA the U.S. Congress
did have the right to allow individuals to sue the state in certain
circumstances, and physical access to state courts was one such
circumstance. The Court went on to say that physical access to the
court system is part of the due process clause of the Fourteenth
Amendment to the U.S. Constitution. A criminal defendant does have
the right to be present at all stages of the trial where his
absence might frustrate the fairness of the proceedings. Failure to
accommodate persons with disabilities will often have the same
practical effect as outright exclusion.
Tennessee v. Lane is a landmark decision because of its potential
to effect change in the lives of people with disabilities. A Civil
Rights Commission report before the U.S. Congress showed that 76%
of public services and programs housed in state-owned buildings
were inaccessible to or unusable by people with disabilities. If
this figure has any degree of accuracy, Title II of the ADA has a
long ways to go before full implementation. “As our population
ages, and more families experience disability first-hand, I think
people are coming to understand that the cost of exclusion,
isolation, and segregation of people with disabilities is too
high,” said Lex Frieden chairperson of the National Council on
Disability. “We must do more as a nation to include citizens with
disabilities in all aspects of society, and many states have made
great strides in this area. With today’s ruling (May 17 decision on
Tennessee v. Lane), we hope that all states will continue to move
forward in improving accessibility for their citizens with
disabilities and that we continue to work toward the goals of the
ADA—equality of opportunity, full participation, independent
living, and economic self sufficiency for people with
disabilities.”
If you are interested learning more about Tennessee v. Lane or
about the ADA in general, call us here at the Office of Handicapped
Concerns. We have a toll-free number (800-522-8224) good statewide.
The National Council on Disability and the National Organization on
Disability provide excellent websites and both are linked to the
website of the Office of Handicapped Concerns (www.ohc.state.ok.us).
_______________________________________
State of Oklahoma
www.youroklahoma.com
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LEGISLATIVE REPORT
In our last issue of Will’s Corner, Oklahoma, we offered you a list
of bills in the Oklahoma Legislature which could affect people with
disabilities. That list of 17 bills as compiled April 2, 2004 was
condensed from a longer list of bills introduced in the Oklahoma
Legislature in February when the legislative session began. Our
49th Oklahoma Legislature adjourned the last week of May, and we
want to report on those 17 bills for your interest.
State Government
HB 1779 would have separated the Department of Aging out of the
Department of Human Services if it had passed. This bill failed.
Parity
HB 1835 establishes a task force of the Legislature to eliminate
health disparities. (Insurance companies do not reimburse health
care for mental health the same way they reimburse for physical
health conditions.) The task force to study this issue passed.
Handicapped Parking
HB 1890 which would allow certain disabled veteran license plates
to serve as a handicapped parking placard has become Oklahoma law.
Compliance
HB 2197 assures state government compliance with accessibility
laws. This bill has passed.
Consumer Directed Services
HB 2300 creates consumer-directed services to Medicaid-eligible
people with disabilities in order for them to live in the
community. This bill has passed.
City Ordinances
HB 2637 which authorizes municipalities to define what type of
motorized vehicles will use city streets as long as such ordinances
are not inconsistent with state law has passed.
Tax Credits
HB 2659 would have allowed tax credits to families to cover their
expenses for their children with disabilities. This bill was
unsuccessful.
Golf Carts
SB 884 would have authorized golf carts and all-terrain vehicles to
be operated on city streets. This bill failed.
Handicapped Parking
SB 889 authorizes certain nurse practitioners to certify disability
for the purpose of a person’s applying for a handicapped parking
placard. This bill passed.
Education
SB 1277 would have authorized school districts to provide
scholarships for certain students with disabilities. It did not
pass.
Service Dogs
SB 1402 prohibits harming or killing service dogs used for the
benefit of people with disabilities. This bill passed.
Information and Referral
SB 1405 creates a statewide 2-1-1 helpline for information and
referral on disability issues. This bill passed.
Education
SB 1456 would have regulated the education of students with
dyslexia. It did not pass.
Golf Carts
SB 1461 would have authorized golf carts on city streets under
certain conditions. The bill was not passed.
Golf Carts
SB 1493 would authorize street signage permitting operation of golf
carts on city streets. This bill failed.
Service Animals
SB 1604 would have prevented discrimination against individuals
with service animals in public accommodations in Oklahoma. This
bill was unsuccessful this legislative session.
This last session of the 49th Oklahoma Legislature has been a busy
one. Next February we will begin the first session of the 50th
Legislature, and we hope to bring you a set of bills as they are
proposed before the Session starts. We will then update you via our
website how these bills stand as the Session progresses. We hope
this will give you an opportunity to contact your Oklahoma
Legislator on how you feel about a particular bill. Legislators
listen when their constituents express an opinion. If you do not
know who your State Senator or State Representative is, you may
contact the County Election Board of the county in which you live.
The County Election Board telephone number should be in the blue
pages of your telephone book under State Government.
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Why is the third hand on the watch called a second hand?
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Let’s Go Fishing
Did you know there are fifty state parks in Oklahoma and that all
of these parks have some accessible features? Did you know that we
have six state lodges scattered across our beautiful state? You may
have thought that having a disability would prevent you from
accessing outdoor Oklahoma, but not so according to Kris Marek of
the Oklahoma State Department of Tourism and Recreation.
(Will)
“Kris, I understand that tourism and recreation is something
Oklahomans may consider year round in our state.”
(Kris Marek)
“Will, we all do some special thinking about recreation in the
summer when school is out, but actually our state parks are open
year round and some of my favorite times to visit them are in May
or September/October when the facilities are less crowded. We’re
actually open twelve months a year with cabins and state lodges
climate controlled regardless of season.”
“Kris, if I were to ask you which state park is the most accessible
to people with disabilities, what would you say?”
“Greenleaf State Park on Lake Greenleaf just southeast of Muskogee
is probably our best park as far as accessibility to people with
disabilities although all our state parks will have some accessible
features.”
“Why do you consider Greenleaf the most accessible?”
“One important accessible feature of Greenleaf not available
elsewhere is the Cabin on the Lake. The Cabin is a two-bedroom
cabin right on Lake Greenleaf somewhat set apart. It goes beyond
the concept of accessibility to include assistive devices which
would be usable to a person with disabilities. It has an adjustable
bed with a hoyer lift to assist a person with disabilities to
transfer. Identifying signs are in Braille, and the Cabin has a TDY-equipped
telephone for a person with a hearing impairment. The Cabin has a
lift chair and a roll-in shower to assist an individual with
mobility impairments. The Cabin is also equipped with the typical
accessibility features we have in all accessible cabins and rooms
in state lodges such as wide doorways and grab bars in bathrooms.”
“This is exciting, Kris. It sounds like some people with
disabilities in Oklahoma who may never have dreamed of being able
to go to a state park may actually be able to enjoy outdoor
Oklahoma. It must cost a fortune to rent a cabin like that.”
“Actually, it doesn’t. You can rent the Cabin on the Lake for
between $60 and $100 per night, and it will sleep four adults. The
varying rate depends on the season and time you’re renting with the
lower rate in the less popular times such as winter and week days.
The Cabin even has its own accessible boat dock on the lake with
fishing and boating available to our guests.”
“Now, Kris, let me just clarify something. The rate of $60-$100 per
night you quoted was for the special, handicapped-equipped cabin on
Greenleaf. This is not necessarily the rate of the typical cabins
or rooms at state lodges which you may refer to as ‘accessible’
rooms?”
“Will, you’re right. The Cabin is state of the art, and other
accessible cabins or rooms may not offer as much. They also rent
for less.”
“Of course, as you mentioned, there are many other state parks in
Oklahoma, and all of them offer some accessible features. Can you
tell us about some of the other parks?”
“I love Beavers Bend State Park in far southeast Oklahoma. It has
three accessible units at the new Lakeview State Lodge. One unit
has two double beds in one room. One unit has one king-sized bed,
and one unit has an entire accessible suite. Beavers Bend State
Park has a wonderful Forest Heritage Center with accessible
exhibits on the history of the forest and products of the forest in
southeast Oklahoma. Exhibits are equipped with an audio
explanation.”
“Do you have staff who can explain the exhibits in sign language
for those who are deaf and hard of hearing?”
“That’s on my list of things to think about to improve the Forest
Heritage Center. Now let me tell you about Robbers Cave State Park
in Latimer County. Robbers Cave has a new facility called the Belle
Star Lodge which has at least two accessible rooms for rent and a
common-space meeting room with accessible bathrooms nearby. We have
also just completed an elevated walkway with accessible
interpretation near the actual cave itself.”
“Are there other state lodges which offer specific accessibility
features?”
“The Quartz Mountain Lodge in southwest Oklahoma offers accessible
rooms, but Quartz Mountain is no longer a state lodge run by the
Oklahoma Department of Tourism and Recreation. That lodge is now
operated by the Oklahoma Regents for Higher Education.”
“I have heard a lot in recent years about the sale of state lodges
to private companies. Which lodges are still run by the Oklahoma
Department of Tourism and Recreation?”
“We run Roman Nose, Murray, Robbers Cave, Beavers Bend, Texoma, and
Western Hills state lodges.”
“Thanks, Kris, for some good information about Oklahoma’s state
parks system and the efforts to make outdoor Oklahoma available to
all.”
I know you’re wondering about how to make a reservation at a local
state park. Kris tells me that you can make a reservation for a
cabin or rooms in one of the state lodges by calling 800-654-8240.
This number in Oklahoma City is staffed from 8 a.m. until 7 p.m.
during the summer months. It is staffed from 8 a.m. until 5 p.m. in
the cooler season. Kris says that within about a year, they are
hoping to be able to reserve RV spaces and camping spaces as well.
This capacity is not available right now. When you call the
toll-free call center, you may ask the toll-free number for the
specific state park or state lodge that you want to visit. If you
have special needs, you may share these needs with staff from the
facility you are going to visit. They may be able to help you or
refer you to another facility which will meet your needs.
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Anglers never lie…
they embellish.
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CALENDAR OF EVENTS
August 7, 2004 Self-Help for Hard of Hearing fund raiser ice cream
social and silent auction at Chapel Hill United Methodist Church in
Oklahoma City. For more information, contact Nancy Landrum at
405-721-1146.
September 14, 2004 The Tulsa Area Alliance on Disability will
sponsor a conference on health issues for children with special
needs. Keynote speaker is Dr. Ira Chasnof. For more information
contact Dr. Carla Tanner at 918-585-5551.
September 17-18, 2004 Early Childhood Association of Oklahoma
annual fall conference. Open to the general public and membership
of ECAO. Contact Charlotte Wood-Wilson for further information and
if you will need an accommodation (405-946-7822 or 1-866-913-3226).
September 30, 2004 Business Leadership Network reverse job fair at
the DRS Career Center, 5813 S. Robinson in OKC. Contact Glen Hatter
for more information (405-522-0508).
October 4, 2004 Family Perspective Conference in the Altus,
Oklahoma area sponsored by OASIS. Great information on social
services in Oklahoma for families of children with disabilities.
Contact Sally Selvidge at 800-426-2747 for more information.
October 12-13, 2004 Oklahoma Institute for Child Advocacy Annual
Fall Legislative Forum at the University of Central Oklahoma in
Edmond. For more information, contact 405-236-5437 x 101
October 26, 2004 Mayor’s Award Ceremony and Luncheon where
outstanding employers of and employees with disabilities will be
honored. Contact Cathy Newman at 405-297-3876 for more information.
If you have an event coming up relating to disability, let us know
at 800-522-8224 and we’ll help you publicize.
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Hugs are non-fattening and they don’t cause cancer or cavities.
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