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Olmstead Stalled by Economy
June 2009
In the 10 years since the Olmstead decision, the need for states to provide in-home services to people with disabilities has run head-on into the struggling U.S. economy. This is especially true in California, where Gov. Arnold Schwarzenegger has proposed massive cuts in public services.
 
On May 27, hundreds of people with disabilities from all over the state rallied at the State Capitol in Sacramento to celebrate the anniversary of Olmstead while also decrying the state’s failure to live up to its responsibilities. Among the speakers were Lois Curtis, an original Olmstead plaintiff, and Ruth Shelton, a Sacramento resident now living independently after more than 50 years in institutions.
 
“It’s been 10 years since Olmstead,” noted a statement by the Disability Action Coalitions, organizers of the event. “What is California waiting for?”

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Karl Beck, 1952-2009
May 2009
Longtime New Mobility writer Karl Beck, author of NM’s “Wheels” column and an expert on adaptive driving systems, died suddenly May 19. He was 56.

Beck, an L2 paraplegic since 1967, was driving his adapted Ford van near his Clearwater, Fla., home when he apparently suffered a heart attack. The van veered off the road and into a construction site. Beck survived the crash, but died later at the hospital.

A graduate of Purdue University, Beck went to work for the Braun Corp. in 1976 and eventually became a sales manager. “He believed very strongly in encouraging people with disabilities to break free of the system and find employment however they can,” said his wife, Victoria.

He was a writer for Paraplegia News before joining New Mobility in 1996. His popular bimonthly “Wheels” column addressed all aspects of adapting motor vehicles for people with mobility impairments -- from what kind of vehicle to purchase, to what kinds of lifts or hand controls worked best, to financing options.
 
“This is a real shock and a great loss to New Mobility as well as family and friends of Karl,” said New Mobility editor Tim Gilmer. “He was a true professional who cared deeply about his readers. He always took time to answer their letters and find the information that would be of help to them.”

Beck also played and coached wheelchair basketball, was a judge in the Miss Wheelchair Florida pageant, and served for six years on the state’s Rehabilitation Advisory Commission.

In addition to his wife, Beck is survived by a son, Michael.

Of his work at Braun, Beck once wrote, “Folks have asked me if after 30 plus years I ever get bored in this job. I don’t because our products, like all things automotive, are constantly changing. Keeping up with this technology requires me to constantly learn.”
 
He shared what he learned with New Mobility readers for 13 years. "He's been a part of our mission for so long, it's hard to imagine the magazine without him," said Jean Dobbs, NM's editorial director. "I know his articles guided many people to greater independence. It's a wonderful legacy."

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People in the News: Kyle Maynard
June 2009
Kyle Maynard doesn’t believe in excuses.

A quadruple congenital amputee, Maynard, 23, has made a name for himself on several fronts: high school varsity wrestler, motivational speaker and author of a 2005 book titled — fittingly — No Excuses. So when he set out to compete in the world of mixed martial arts, he refused to accept excuses from the organizations that license and promote MMA fights. After being denied a license in his home state of Georgia, Maynard made his fight debut April 25 in Alabama, a state with no MMA licensing body.

Maynard lost the fight in a 30-27 decision, but proved that he can compete.

“My arms go from shoulder to elbow; it’s not like I have no arms at all,” Maynard told the website mmajunkie.com. “I can punch back.”

You can find Maynard online at www.myspace.com/kylesmaynard. His book, No Excuses, is available through Amazon.com.

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Activists Oppose Obama Judge Pick
June 2009
In May a coalition of disability activists came out in opposition to President Obama’s nomination of Judge Andre Davis to fill a vacancy on the U.S. Fourth Circuit Court of Appeals.

In a statement, ADA Watch and the National Coalition for Disability Rights expressed concerns regarding Davis’ rulings on cases involving the employment provisions of the Americans with Disabilities Act: “The White House has asserted that Judge Davis has a very balanced track record in disability cases. We appreciate that Judge Davis has reached decisions favorable to the plaintiffs in cases involving issues such as physical access. ... These cases do not, however, assuage our concerns about Judge Davis’ record in the area of employment discrimination.”

“The current leadership in Congress and the White House has promised to select judicial nominees who understand the challenges facing working Americans,” said ADA Watch President Jim Ward. “We believe that in the area of disability rights, this nominee’s record does not meet these baseline criteria.”

The coalition cited two cases in particular: Rose v. Home Depot U.S.A Inc., in which Davis ruled that the plaintiff could not sue under the ADA because he did not “receive a proper treatment plan for his impairment”; and Fitch v. Solipsys Corp., in which he ruled against a man who had been repeatedly referred to as a “cripple” by his employer.

The Fourth Circuit covers jurisdictions in five states: Maryland, Virginia, West Virginia, North Carolina and South Carolina.

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SSDI Applications on the Rise
June 2009
So far this year, the number of people with disabilities applying for Social Security Disability Insurance has risen significantly, according to a study published in April.

The Allsup Disability Study: Income at Risk found that in the first quarter of 2009, the number of applications for SSDI benefits increased by 17.4 percent. Correspondingly, the time applicants must wait before receiving benefits has also lengthened, with the average wait now more than two and a half years.

“These delays in benefit decisions are creating extremely difficult financial decisions for hundreds of thousands of people nationwide,” said Paul Gada of the Allsup Disability Life Planning Center, which commissioned the study.

The study also noted that people with disabilities have an unemployment rate 56 percent higher than those without disabilities.

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Housing Discrimination Trend?
June 2009
As the U.S. housing market continues to flounder, people with disabilities across the nation are reporting incidents of housing discrimination.

On May 6 the Justice Department filed suit in federal court against four housing developers in Sioux Falls, S.D., for allegedly failing to build apartment complexes with access required under the Fair Housing Act. “When builders and designers construct homes without regard for accessible features, they are effectively shutting the door to persons with disabilities,” said Loretta King, acting assistant attorney general for the Justice Department’s Civil Rights Division.

Recent newspaper reports in Cleveland and Jacksonville, Fla., have also detailed an increase in housing complaints by people with disabilities.

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