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Ahead of the Times
Volume 21, Number 10
July, 2001

The Center will be closed Wednesday, July 4 for Independence Day, No transportation available

IMPROVEMENTS FOR DOWNTOWN ACCESSIBLE PARKING 
The City of Lawrence and the Access Task Force of Independence, Inc. developed a plan to improve accessible parking in the downtown area, in compliance with the Americans with Disabilities Act. Several elements of the plan have already been implemented, such as increasing the number of accessible stalls in city lots, installation of an accessible space in the 600 block of Vermont, and providing temporary spaces along 10th Street during the construction of the new parking garage. 

The next project is to install accessible spaces along Massachusetts. Each block of Massachusetts (700, 800, 900, and 1000) will have one accessible stall on each side of the street. A total of eight accessible parking places will be installed generally near mid-block. Since the 700 - 1000 blocks have sawtooth style curbing, each accessible space will require an existing parking space to be designated as accessible and the adjacent space to be used as an access aisle. In the access aisles, the City will extend the curb out into the parking space, raising it to sidewalk level to provide an even surface for use by lift-vans. 
Accessible spaces have already been designated in the 600 block of Massachusetts. Construction of the new accessible spaces will begin in June for the 700, 800, and 1000 blocks of Massachusetts. Accessible spaces will not be designated in the 900 block until the new parking garage is completed in that area.

If you have questions regarding improvements to accessible parking downtown, contact Tammy Bennett, ADA Coordinator for the City of Lawrence at 832-3133.

MARY'S LAKE IMPROVEMENTS
Since the opening of the Prairie Park Nature Center at 2730 Harper, the 72 acre area including Prairie Park and Mary's Lake has been designated as a nature preserve. In order to balance public needs with the long term preservation of this natural area, a plan has been developed to restrict vehicular access to the lake area from 31st Street.

A new parking area for lake visitors and fishing is being constructed at 28th Street Terrace and Harper Street. This will allow walking access to the lake that is also wheelchair accessible. The hard surface trail from this parking area goes south on the west side of the lake, across the dam to the shelter house, and connects with the park area south of Prairie Park Elementary School. This allow easy access to the lake from both sides of the neighborhood. A new pond for pond studies and siltation runoff has been added along the trail near both the school and nature center.

The new wheelchair accessible fishing dock will be added to the south end of the lake. A boardwalk for studying wetlands is planned for the north end of the lake. Trails within the woods and interior of the park will remain natural and undeveloped for quiet hiking.

These changes will help preserve and restore the area for the benefit of wildlife, education opportunities, and public enjoyment. If you have any suggestions that may further enhance the goals of the park and nature center contact Marty Birrell, Nature Education Supervisor at 831-7980 or Fred DeVictor, Director, Parks and Recreation Department at 832-3450.

RUSSIAN CULTURE PRESENTATION
Join us Tuesday, July 17, 11 a.m. in the Independence, Inc. conference room to hear our latest Human Diversity Task Force presentation. Tom Volek, a professor from the Russian and East European Studies department at KU will describe the subtleties of Russian culture. 
Call Susan Mikesic at 841-0333 or toll-free at 888-824-7277 for information or to request an accommodation.

PEER SUPPORT GROUP 
Members of the Peer Support Group will attend the Douglas County Free Fair on Monday, July 30, 4:30 - 6:30 p.m. Activities at the Free Fair include extensive 4-H exhibits, music, carnival events, demolition derby and a variety of races and contests, and of course, delicious foods. We will meet at the main front entrance of the Douglas County Fairground building at 21st and Harper. For more information or to R.S.V.P., call Ranita at 841-0333. You are responsible for your own transportation and food costs.

LOAN BANK NEWS
As you know, our Loan Bank is stocked with various types of medical equipment and consumable items. However, due to the large volume of donations in recent months, the Loan Bank has become quite unorganized. If you would be interested in volunteering to help organize and maintain the organization of the Loan Bank, please call Jeff, Karen, or Elise in Assistive Technology at 841-0333. 

We are always willing to accept donations of medical equipment in reasonably good working condition, including wheelchairs, shower benches, bathtub transfer benches, walkers, commodes, canes, stool risers, etc. If you or someone you know has equipment they would like to donate, please contact us! We are a 501(c)3 organization, so your donation is tax deductible. 

PAIN MANAGEMENT CLASSES
The Coping with Pain Classes held at Independence, Inc. have a new meeting time. Classes are now held every Friday, 1 - 2:30 p.m. in the Conference Room. For more information call 841-7108, 2 - 6 p.m. and leave a message.

CONSUMER INPUT NEEDED
Are you interested in meeting new people? A group of consumers are interested in hosting a series of social events for consumers at Independence, Inc. These events would take place during evening hours and would include music, dancing, refreshments, and making new friends. If you would like to be involved in planning these events, call Ranita at 841-0333.

DRUM CIRCLE SUMMER JAM
Come on folks, let's make some noise! As usual, the Beginner's Drum Circle will come together on the last Friday of the month, July 27, 4:30 - 5:30 p.m. at Independence, Inc. We will provide the talented drum instructor, drums, bongos, and drum sticks. You provide the smiles and excitement. Please feel free to bring a friend or two along. If you play the drums and would like to lead a drum circle, please let us know. For more information, contact Ranita at 841-0333.

COOKING CLUB
Cooking Club will meet Monday, July 16, 4:30 - 6:30 p.m. at Independence, Inc. Details regarding the menu and guest chef are to be announced. For updates and other questions, call Ranita at 841-0333.

WANTED: Electric box or oscillating fans that are broken or that you no longer want. Any brand and size accepted. If necessary, unwanted fans can be picked up. Contact Michael at 785/840-9861, 9 a.m. - 5 p.m., Monday - Saturday.

BORED AND BROKE
Here are this month's free community activities. If you have questions call Susan or Elise at 841-0333.

• Art Exhibit: "Retold Tales" Exhibit by Dian Hauser, 
  Dian Hauser of the Public Library's Reference Staff presents her second art exhibit for the First Friday Gallery Walk for the month of July. The exhibit is showing at the Lawrence Public Library, 7th & Vermont during regular library hours. Call 843-3833 for details.
  
• Art by Lawrence Art Guild Members
  More than ten Lawrence Art Guild members will exhibit in the Lawrence Public Library entrances, display cases, and on the lower level during July. Call 843-3833 for details.
  Independence Day Celebration
  The Independence Day picnic and fireworks extravaganza! This will take place at Burcham Park, 2nd and Indiana on July 4.
  
• First Friday Gallery Walk
  Participating galleries, museums, and arts centers will be open to the public, featuring special exhibitions, demonstrations, and other festivities. You may pick up a guide map at the Lawrence Arts Center. July 6, 6 - 9 p.m. Call 843-2787 for details.
  
• Alec Guinness: The Ealing Comedies
  This four-part film series will kick-off with "Kind Hearts and Coronets" at the Lawrence Public Library, 7th and Vermont. July 6, 13, 20, and 27 at 7 p.m. Call 843-3833 for details.
  
• Kansas Big Water: Remembering the 1951 Flood
  A talk, photo exhibit, and visual media by the U.S. Geological Survey will help the audience remember and learn about Lawrence and the Kaw River flood of 1951. The event will take place in the Lawrence Public Library Auditorium, 7th and Vermont, July 9, 7 p.m. Call 843-3833 for details.
  
• "Animal Fair"
  Summer Youth Theater grades K-3 will present this delightful compilation of short stories, including Little Red Hen and The Mouse Ran Up the Clock at the Lawrence Arts Center, 9th and Vermont, July 14 at 10 a.m. Call 843-2787.
  
• Galileo Concert
  Galileo, Pat Kidwell and her daughter Erin, will make their first appearance at the Lawrence Public Library in a 30-45 minute vocal and guitar concert. Enjoy an eclectic mix of original and traditional music. July 15 at 2:30 p.m. Call 843-3833 for details.
  
• YA Craft Project: Tye Dye
  Young Adults, grades 6-12, may bring their own t-shirts and other "dyeable" items. The dye will be furnished, as well as the know-how. Lawrence Public Library, 7th and Vermont, July 18, 3 - 6 p.m. Call 843-3833 for details.
  
• Sunflower State Games
  This is a multi-sport festival for amateur athletes around Kansas. The events will take place July 20 - 29 at sports facilities around Lawrence. Call 842-7774 for details. 
  
• "Before They Were Remakes" Film Series
  View the original versions of four great films that have been remade: "The Phantom of the Opera" July 26,"The Thomas Crown Affair" August 2, "A Star is Born" August 9, and "Sabrina" August 16. Each film will show at 7 p.m. at the Spencer Museum of Art. Call 864-4710 for details. 
  
• YA Back-to-School Fashion Show & Book Review 
  Catch this popular young adult fashion show for grades 6-12 at the Lawrence Public Library, 7th and Vermont, July 27, 12:30 - 2 p.m. Call 843-3833 for details. 
  
• Douglas County Free Fair
  Exhibits, music, carnival activities, demolition derby, races and contests at the Douglas County Fairgrounds, 21st and Harper. July 30 - August 4. Call 843-7058 for time and details. 

COMMUNITY-BASED ALTERNATIVES FOR INDIVIDUALS WITH DISABILITIES
On June 18, President George W. Bush signed an executive order to provide greater opportunities for people with disabilities to engage fully in community life and in employment. For your information we have reprinted the text of this executive order.

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to place qualified individuals with disabilities in community settings whenever appropriate, it is hereby ordered as follows:
Section 1. Policy. This order is issued consistent with the following findings and principles:
(a) The United States is committed to community-based alternatives for individuals with disabilities and recognizes that such services advance the best interests of Americans.
(b) The United States seeks to ensure that America's community-based programs effectively foster independence and participation in the community for Americans with disabilities.
(c) Unjustified isolation or segregation of qualified individuals with disabilities through institutionalization is a form of disability-based discrimination prohibited by Title II of the Americans With Disabilities Act of 1990 (ADA). States must avoid disability-based discrimination.
(d) In Olmstead v. L.C., 527 U.S. 581 (1999) (the "Olmstead decision"), the Supreme Court construed Title II of the ADA to require States to place qualified individuals with mental disabilities in community settings, rather than in institutions, whenever treatment professionals determine that such placement is appropriate, the affected persons do not oppose such placement, and the State can reasonably accommodate the placement, taking into account the resources available to the State and the needs of others with disabilities.
(e) The Federal Government must assist States and localities to implement swiftly the Olmstead decision, so as to help ensure that all Americans have the opportunity to live close to their families and friends, to live more independently, to engage in productive employment, and to participate in community life.

ACCESS TASK FORCE ALERT
Because of a growing number of consumer complaints about our city bus system, we have chosen to discuss a strategy for consumers to air their complaints about the bus company. Please join us at the next Access task Force meeting on Friday, July 6 at 1 p.m. If you cannot make the meeting call Pat at the Center, 841-0333. We need your help or our new bus system will not work for us.

YOUTHFRIENDS NEEDS YOU
YouthFriends, an organization that works to match adult volunteers with children through the public schools, is currently trying to match several children with disabilities with adult mentors with disabilities. If you have a disability, particularly blindness, a learning disability, or a head injury, please consider volunteering for this program, as you are needed by a child. The program is also in need of volunteers who want to work with kids with behavior disorders.
If you are interested, or want more information, call Susan Mikesic at 841-0333 or toll-free at 888-824-7277, or you may call YouthFriends at 842-5006.

THANK YOU EVERYONE
A special thank you to everyone who participated in Independence, Inc.'s focus groups during April. Your insights and perspectives will be valuable in enhancing organizational effectiveness. We will keep you updated through Ahead of the Times on the changes that are made.

STATE-BY-STATE REPORT ON OLMSTEAD COMPLIANCE
A new on-line resource from the National Conference of State Legislatures (NCSL) is available to state legislators and others as states attempt to comply with the Olmstead Supreme Court decision and meet the needs of people with disabilities. 

"The States' Response to the Olmstead Decision: A Status Report" found that 36 states have created task forces or commissions that are developing comprehensive plans or recommendations for compliance with Olmstead. The report also identifies several states that have already issued comprehensive plans that could serve as models for other states as they continue their planning processes.

In June 1999 the Supreme Court ruled in L.C. & E.W. v.s Olmstead that it is a violation of the Americans with disabilities Act for states to discriminate against people with disabilities by providing services in institutions when the individual could be served more appropriately in a community-based setting. States are required to provide community-based services for persons with disabilities if treatment professionals determine that it is appropriate, the individuals affected do not object to such placement, and the state has the available resources to provide community- based services. The court suggests that a state could establish compliance with the Americans with Disabilities Act if it has a comprehensive, effective working plan for placing qualified people in less restrictive settings; and a waiting list for community-based services that ensures people can come off the list at a reasonable pace and receive services.

Funding for The States' Response to the Olmstead Decision was provided by a grant from The Robert Wood Johnson Foundation. The full report is available from the NCSL website at http://www.ncsl.org

PARATRANSIT COURT VICTORY
On January 8, a U.S. District Court issued the first decision in the country under the ADA and Section 504 with regard to next day paratransit service. In it, the Court upheld the U.S. Department of Transportation's regulation that a public transit entity "shall schedule and provide paratransit service to any ADA paratransit eligible person at any requested time on a particular day in response to a request for service made the previous day." This means that 100% of eligible persons with disabilities are entitled to paratransit rides the next day, just as 100% of people without disabilities receive fixed route services when they want it.

The Court states that DOT expected public transportation agencies to attempt to provide properly requested rides to all ADA-eligible riders, i.e., without exception. In fact, DOT explicitly rejected incorporating a 98% performance standard.

Rejecting the transportation authority's defense, the Court said "the focus is not on the percentage of paratransit rides that is provided to the disabled, but rather, the number of rides that the transportation authority fails to provide to these patrons and the reasons for that failure." Further, "while the transportation authority provides rides for many ADA-eligible patrons in compliance with the law, it may not rely on its own inadequacies to justify its noncompliance with the ADA and the Rehabilitation Act for all ADA-eligible patrons.

This Court decision is on the internet at www.paed.uscourts.gov In addition, the U.S. Department of Justice filed an amicus brief which you can find at www.usdof.gov/crt/ada/adahom1.htm and then look under "other items of interest."

Reprinted in part from "Incitement," Volume 17, No 1. Winter/Spring, 2001.