This article is courtesy of the Philadelphia Inquirer..
Joseph Brennan is a bright high school senior looking forward to college next year. But because he is on the autism spectrum, he struggles with the prospect of living on his own in a dormitory.
This year, he has a chance to practice- to cook, clean, cope with roommates, handle stress and ( tricky for any college student) manage his time. He and seven other teenagers are getting that dry run in a new boarding program at Hill Top Preparatory School that aims to ease the way into campus life for prospective collegians with milder autism.
A day school in Rosemont, Pa for children with learning disabilities, Hill Top began offering the all-year boarding program on Labor Day. The students, who hail from Pennsylvania, New Jersey and Delaware, stay at the school Mondays through Fridays and go home on weekends.
"It was tough at first, living in a new environment with different people," said Brennan, a 19-year-old from Reading, Pa. "But we learmed to adapt and make the best of it."
Already, the experience has been trans-formative for Killian Herbison, 17, according to his mother. During his time at home in Eagleville,Pa, they no longer argue about homework-a huge relief that has made family life more pleasant. On top of that, "he's happy," said Margaret Herbison. "I would never have described him as happy before."
The increase in the number of young people diagnosed with autism has been staggering, from an estimated one in 150 in 2002 to one in 68 currently, according to the U.S. Centers for Disease Control and Prevention.
Meanwhile, more of them are going to college. Of those with autism who graduate from high school, about one-third pursue a two-or-four year college education, while others get vocational training, the A.J. Drexel Autism Institute at Drexel University reported. Its research shows that students with autism are more likely to study science, technology, engineering and mathematics, and to start at a two-year college and transfer to a four-year one.
Just because students with autism may do well academically, however, does not mean they have the skills to navigate the halls of academe.
"One of the things they struggle with is being successful socially," said Thomas Needham, headmaster of Hill Top, which has 82 day students from fifth grade through a postgraduate year. Ninety percent of its graduates go on to college.
Students on the spectrum might miss social cues or misunderstand what's expected of them- perhaps, for example, being intolerant of a snoring roommate. They also tend to suffer from anxiety and obsessive-compulsive behavior. So house parent Damon Ross works with the boarding students- for the time being, all males- on reducing stress, respecting others, observing boundaries and listening.
"They're working on how do you live in a positive way with others," said Needham.
Hill Top is also looking beyond college to soft skills needed for jobs, such as making casual conversation around the coffee machine or asking about a colleague's weekend- a component that has become more important as the school focuses on high-functioning autism students.
Tuition at Hill Top is $42,000 a year. The boarding program is an additional $11,400.
Administrators hope to eventually build an actual dorm for boys and girls. In the interim, they spent $110,000 renovating the third floor of Hill Top's old stone mansion, which also houses offices and classrooms.
The three-bedroom apartment has a comfy living room with sofas, chairs, TV and an adjoining eight-seat dining table.
"We wanted it to look as inviting as we could for the kids," said Seth Straff, a board member who oversaw the project.
The light-filled bedrooms are decorated simply, with bunk beds, a single table with chairs, and a dresser. The kitchen, while not large, is well-equipted.
Everything is spotless, thanks to the residents, who do their own chores. Dinner is whipped up by Ross, but the students wash the dishes. They straighten up every day before leaving for class and clean on Fridays before going home.
:It's not that much different from living at home," said Devaughn Easterling, 16, from West Philadelphia.
Mornings can be hectic as students get dressed and ready for school, and make a hasty breakfast, such as Brennan's favorite, frozen waffles with peanut butter. His dorm mate, Ryan Wellock, 16, specializes in grilled cheese, eggs and French toast.
If there's a downside, the students say, it's not having enough personal space or time alone- just like at college.
Said a philosophical Brennan, "It's a huge change and adjustment."
Tuesday, November 15, 2016
PHILLY SPORTS CORNER-Vol. 6
My thoughts on Philly sports currently..
PHILLIES- The Phils lost in their gamble with pitcher Jeremy Hellickson. Hellickson accepted their offer of a 1-year deal for $17 million, foregoing free agency. He gives the team a solid, experienced starter next season, to go along with young arms (Jake Thompson) and questionable arms(Aaron Nola). Problem is that the Phillies were hoping Hellickson would've refused their offer and test the free agent market. The Phils would've received a compensation first-round pick next June. Hellickson may be traded to a contender in July, and probably won't play for the team after 2017. That first-round pick may have turned out to be a valuable piece in the rebuilding process. So, the Phils took a chance and lost. Are they regretting not trading Hellickson last July when he was in demand?
3 and 6 game ticket plans go on sale Friday, November 18. I'll get a 3-dame pack, and ad don later in the summer if the team is playing well. Attractive teams like the Cubs and Dodgers don't visit Philadelphia until late in the season.The Red Sox do come to Citizens Bank Park for a short two game series in mid-June.
Howie Kendrick, obtained form Los Angeles last week, will give the Phils a solid, professional hitter. He's a career .289 hitter, but had an off year in 2016. Kendrick immediately upgrades the left field position, and can also play second base (the Phillies are rumored to be seeking a possible trade to the Angels, sending 2B Cesar Hernandrz to Anaheim). Kendrick is on a 1-year contract with an option year in 2018 He won't block the young kids like Nick Willaims or Dylan Cozens, who should be in South Philly by late summer or in 2018. Kendrick is a stop-gap, and if he can help the Phils get to .500 this year, the deal will be a good one.
EAGLES- It would be really refreshing to hear Coach Pederson rightly criticize his awful wide receivers, I understand why he is making excuses for their dropped passes. And the Birds have little other options for now. They could sign Paul Turner from the practice squad. They could give speedster Bruce Treggs more playing time. They could continue to run the ball more often, controlling the clock and giving the wide-outs less chances to fail. They could rely on the tight ends and running backs more to catch critical passes. Otherwise, they aren't going to release a WR now, in the middle of the season, especially if that WR is making a ton of money. Better to bite the bullet, then clean house in the off-season. Draft another young wide-out, sign a DeSaun Jackson or Ashon Jeffries in free agency, and start over.
The Eagles chances this Sunday in Seattle improved with the Seahawks win over the Patriots on Sunday night. Seattle is the better team, playing at home, but the game is needed more by the Birds to keep up in the playoff chase than it is for the Seahawks.
FLYERS- Time has come for goalie Anthony Stolarz to finally play. With the current two goaltenders filing for free agency after this season, the Flyers need to find out if they have their future #1 netminder in Stolarz. The defense has been poor, but the play of the Philadelphia goalies has been the biggest disappointment so far in this early season.
SIXERS- Isn't it time to play Embiid and Okarfor together and see what happens? They need a point guard, and Ben Simmons may fill that bill when he returns from injury, but this season should be a chance to sort out the future. This squad may win more than 10 games, compared to last year, but I would be surprised if they win more than 14 games. The excitement of opening night has vanished. Coach Brown will probably be fired sooner than later. Maybe the Sixers do need a more positive outlook, starting form the coach on down. New players or not, after tanking so many seasons, the organization still has a losing mentality, and psychologically, they need a fresh perspective.
PHILLIES- The Phils lost in their gamble with pitcher Jeremy Hellickson. Hellickson accepted their offer of a 1-year deal for $17 million, foregoing free agency. He gives the team a solid, experienced starter next season, to go along with young arms (Jake Thompson) and questionable arms(Aaron Nola). Problem is that the Phillies were hoping Hellickson would've refused their offer and test the free agent market. The Phils would've received a compensation first-round pick next June. Hellickson may be traded to a contender in July, and probably won't play for the team after 2017. That first-round pick may have turned out to be a valuable piece in the rebuilding process. So, the Phils took a chance and lost. Are they regretting not trading Hellickson last July when he was in demand?
3 and 6 game ticket plans go on sale Friday, November 18. I'll get a 3-dame pack, and ad don later in the summer if the team is playing well. Attractive teams like the Cubs and Dodgers don't visit Philadelphia until late in the season.The Red Sox do come to Citizens Bank Park for a short two game series in mid-June.
Howie Kendrick, obtained form Los Angeles last week, will give the Phils a solid, professional hitter. He's a career .289 hitter, but had an off year in 2016. Kendrick immediately upgrades the left field position, and can also play second base (the Phillies are rumored to be seeking a possible trade to the Angels, sending 2B Cesar Hernandrz to Anaheim). Kendrick is on a 1-year contract with an option year in 2018 He won't block the young kids like Nick Willaims or Dylan Cozens, who should be in South Philly by late summer or in 2018. Kendrick is a stop-gap, and if he can help the Phils get to .500 this year, the deal will be a good one.
EAGLES- It would be really refreshing to hear Coach Pederson rightly criticize his awful wide receivers, I understand why he is making excuses for their dropped passes. And the Birds have little other options for now. They could sign Paul Turner from the practice squad. They could give speedster Bruce Treggs more playing time. They could continue to run the ball more often, controlling the clock and giving the wide-outs less chances to fail. They could rely on the tight ends and running backs more to catch critical passes. Otherwise, they aren't going to release a WR now, in the middle of the season, especially if that WR is making a ton of money. Better to bite the bullet, then clean house in the off-season. Draft another young wide-out, sign a DeSaun Jackson or Ashon Jeffries in free agency, and start over.
The Eagles chances this Sunday in Seattle improved with the Seahawks win over the Patriots on Sunday night. Seattle is the better team, playing at home, but the game is needed more by the Birds to keep up in the playoff chase than it is for the Seahawks.
FLYERS- Time has come for goalie Anthony Stolarz to finally play. With the current two goaltenders filing for free agency after this season, the Flyers need to find out if they have their future #1 netminder in Stolarz. The defense has been poor, but the play of the Philadelphia goalies has been the biggest disappointment so far in this early season.
SIXERS- Isn't it time to play Embiid and Okarfor together and see what happens? They need a point guard, and Ben Simmons may fill that bill when he returns from injury, but this season should be a chance to sort out the future. This squad may win more than 10 games, compared to last year, but I would be surprised if they win more than 14 games. The excitement of opening night has vanished. Coach Brown will probably be fired sooner than later. Maybe the Sixers do need a more positive outlook, starting form the coach on down. New players or not, after tanking so many seasons, the organization still has a losing mentality, and psychologically, they need a fresh perspective.
Monday, November 14, 2016
IN THE NEWS-COMMUNITY-BASED SERVICES
Another article via Disability Scoop...
Medicaid officials are looking for ways to increase access to home and community-based services for people with disabilities and they're asking the public to weigh in with ideas.
In a notice published in the Federal Register this month, the Centers for Medicare & Medicaid Services, known as CMS, said it is seeking suggestions about reforms and policy changes that the agency could pursue in order to grow availability of community-based services.
Already, the majority of Medicaid spending on long-term services and supports goes toward community offerings. But the notice said there are challenges to expanding community-based services including state budgets, provider availability and reliance on managed care.
"Home and community-based services spending for individuals with intellectual and/or developmental disabilities represented approximately three-quarters of Medicaid spending in 2014" though lower percentages were seen for those with physical disabilities,older people and individuals with mental illness, Medicaid officials said.
"There is till work to be done by all levels of government and stakeholders to ensure that all Medicaid beneficiaries who wish to remain in their homes and communities have the services, workforce and supports to enable them to do so," the notice indicated.
CMS said it wants feedback from stakeholders on ways to further promote access to community options while continuing to ensure choice for those who prefer institutional care. Suggestions could touch on everything from the way benefits are designed to how they are paid for.
Medicaid officials said they want to know what more can be done to provide services that promote the health and safety of beneficiaries with minimal fraud, waste and abuse. In addition, the agency is seeking feedback on ways to strengthen the home care workforce to ensure that providers are available for a growing number of individuals needing support.
Medicaid officials are looking for ways to increase access to home and community-based services for people with disabilities and they're asking the public to weigh in with ideas.
In a notice published in the Federal Register this month, the Centers for Medicare & Medicaid Services, known as CMS, said it is seeking suggestions about reforms and policy changes that the agency could pursue in order to grow availability of community-based services.
Already, the majority of Medicaid spending on long-term services and supports goes toward community offerings. But the notice said there are challenges to expanding community-based services including state budgets, provider availability and reliance on managed care.
"Home and community-based services spending for individuals with intellectual and/or developmental disabilities represented approximately three-quarters of Medicaid spending in 2014" though lower percentages were seen for those with physical disabilities,older people and individuals with mental illness, Medicaid officials said.
"There is till work to be done by all levels of government and stakeholders to ensure that all Medicaid beneficiaries who wish to remain in their homes and communities have the services, workforce and supports to enable them to do so," the notice indicated.
CMS said it wants feedback from stakeholders on ways to further promote access to community options while continuing to ensure choice for those who prefer institutional care. Suggestions could touch on everything from the way benefits are designed to how they are paid for.
Medicaid officials said they want to know what more can be done to provide services that promote the health and safety of beneficiaries with minimal fraud, waste and abuse. In addition, the agency is seeking feedback on ways to strengthen the home care workforce to ensure that providers are available for a growing number of individuals needing support.
IN THE NEWS- TRANSPORTATION
I have encountered the problem detailed in the following article (thanks to Disability Scoop)...
Transportation is an all-important piece of the puzzle for people with developmental disabilities looking to access the community, yet new research shows that options remain limited.
In a review of 99 Medicaid waiver programs serving people with autism or other developmental disabilities across the country in 2013, a new study finds that most offered transportation services, but such rides were often only only available for specific purposes like getting to and from work.
Overall, 58 of the waivers reviewed provided transportation services and 71 included rides within other offerings like supported employment, residential or day services, according to findings published in the December issue of the Journal of Disability Policy Studies.
Meanwhile, 13 of the waivers offered no assistance in getting from one place to another.
Those with developmental disabilities face a host of barriers accessing public transportation, researchers said, meaning that rides provided through Medicaid waivers are often the only options for this population short of depending on friend sand family.
"People with intellectual and developmental disabilities may have particular trouble navigating the public transportation system compared with non-disabled people or people with other disabilities because they are often impaired in the very areas public transit most often requires," wrote researchers from the University of Illinois and The Council on Quality and Leadership in the study. "Navigating the public transportation system may require comprehension, memory, attention, time management, literacy, multitasking, and problem solving."
Moreover, they said many with disabilities simply lack the training to take public buses or trains and concerns about safety and stigma are often at play.
Nonetheless, non emergency medical transportation is the only type of ride that Medicaid programs must offer, the researchers noted.
"Transportation is a critical need for all people with disabilities," the authors wrote. "Although transportation for services like supported employment and residential habitation is very important, transportation for community purposes is crucial for people with disabilities to have equal access to opportunities."
Transportation is an all-important piece of the puzzle for people with developmental disabilities looking to access the community, yet new research shows that options remain limited.
In a review of 99 Medicaid waiver programs serving people with autism or other developmental disabilities across the country in 2013, a new study finds that most offered transportation services, but such rides were often only only available for specific purposes like getting to and from work.
Overall, 58 of the waivers reviewed provided transportation services and 71 included rides within other offerings like supported employment, residential or day services, according to findings published in the December issue of the Journal of Disability Policy Studies.
Meanwhile, 13 of the waivers offered no assistance in getting from one place to another.
Those with developmental disabilities face a host of barriers accessing public transportation, researchers said, meaning that rides provided through Medicaid waivers are often the only options for this population short of depending on friend sand family.
"People with intellectual and developmental disabilities may have particular trouble navigating the public transportation system compared with non-disabled people or people with other disabilities because they are often impaired in the very areas public transit most often requires," wrote researchers from the University of Illinois and The Council on Quality and Leadership in the study. "Navigating the public transportation system may require comprehension, memory, attention, time management, literacy, multitasking, and problem solving."
Moreover, they said many with disabilities simply lack the training to take public buses or trains and concerns about safety and stigma are often at play.
Nonetheless, non emergency medical transportation is the only type of ride that Medicaid programs must offer, the researchers noted.
"Transportation is a critical need for all people with disabilities," the authors wrote. "Although transportation for services like supported employment and residential habitation is very important, transportation for community purposes is crucial for people with disabilities to have equal access to opportunities."
CHIRPING BIRDS-Week 10
About the Eagles win over Atlanta yesterday...
The Eagles saved their season-for now- win their 24-14 win over the Falcons on Sunday. They are undefeated at home this season. They seem to be a totally different team at home. With a 5-4 record, they now have a path to the playoffs.The NFC East title is probably conceded to Dallas, but a wild card berth is obtainable Here's how:
The Eagles win their final 4 games at home- division revenge games vs, the Redskins, Giants and Cowboys. The Packers are beatable. Steal one game on the road from Seattle, Cincinnati and Baltimore- and you get to 10 wins, which should be good enough to secure a wild card spot.
Doug Pederson remains stupid. his play-calling, especially at the goal line yesterday, is still a question mark. He seems unsure of himself, which is understandable as a rookie coach. He doesn't give the fans much confidence. You hold your breath with his decisions. He gives you angina.
Team Dumb-ass strikes again. Nigel Goode made a really stupid penalty late in the game.Instead of the NFL fining Goode, the Birds should fine him. It may not make him smarter, but maybe it will make him think twice.
The receivers still suck. Nelson Ahgulor probably after the season. Jordan Matthews is the "best" wide out of a mediocre bunch, and he drops too many passes. The speedster Bryce Treggs disappeared yesterday. Why not promote WR Paul Walker from the practice squad and give him a chance? What do you have to lose?
The eagles went back to what worked early in the season: ball-control. The're an the ball, controlled the clock and kept the Falcon offense off the field. Plus, by having an effective ground game, that's less passes to the pedestrian wide receivers.
The Eagles travel to Seattle next Sunday to play the Seahawks. It's one of the toughest venues for a visiting team to play in. But, keep in mind, Seattle has already lost this year to the lowly Rams and tied the average Cardinals. So there is hope.
Minnesota continues to lose- four in a row- and with every loss, the Eagles' first round draft pick next spring-via the Vikings- gets better. They will need a high pick to select a solid wide receiver or corner back.
The Eagles saved their season-for now- win their 24-14 win over the Falcons on Sunday. They are undefeated at home this season. They seem to be a totally different team at home. With a 5-4 record, they now have a path to the playoffs.The NFC East title is probably conceded to Dallas, but a wild card berth is obtainable Here's how:
The Eagles win their final 4 games at home- division revenge games vs, the Redskins, Giants and Cowboys. The Packers are beatable. Steal one game on the road from Seattle, Cincinnati and Baltimore- and you get to 10 wins, which should be good enough to secure a wild card spot.
Doug Pederson remains stupid. his play-calling, especially at the goal line yesterday, is still a question mark. He seems unsure of himself, which is understandable as a rookie coach. He doesn't give the fans much confidence. You hold your breath with his decisions. He gives you angina.
Team Dumb-ass strikes again. Nigel Goode made a really stupid penalty late in the game.Instead of the NFL fining Goode, the Birds should fine him. It may not make him smarter, but maybe it will make him think twice.
The receivers still suck. Nelson Ahgulor probably after the season. Jordan Matthews is the "best" wide out of a mediocre bunch, and he drops too many passes. The speedster Bryce Treggs disappeared yesterday. Why not promote WR Paul Walker from the practice squad and give him a chance? What do you have to lose?
The eagles went back to what worked early in the season: ball-control. The're an the ball, controlled the clock and kept the Falcon offense off the field. Plus, by having an effective ground game, that's less passes to the pedestrian wide receivers.
The Eagles travel to Seattle next Sunday to play the Seahawks. It's one of the toughest venues for a visiting team to play in. But, keep in mind, Seattle has already lost this year to the lowly Rams and tied the average Cardinals. So there is hope.
Minnesota continues to lose- four in a row- and with every loss, the Eagles' first round draft pick next spring-via the Vikings- gets better. They will need a high pick to select a solid wide receiver or corner back.
Thursday, November 10, 2016
IN THE NEWS-ADA LAWSUITS
The following column is from the Houston Chronicle
A quarter-century ago, the Americans with Disabilities Act required businesses to provide access to patrons in wheelchairs, including accessible parking spaces, curb cuts and ramps. But instead of making the government responsible, the legislation left it to individuals to enforce the law.
That unusual provision has turned the ADA into a cottage industry for lawyers who recruit clients from independent living facilities or disability rights groups and file lawsuits by the thousands against businesses with bathroom mirrors too high or ramps too steep- ultimately settling for several thousand dollars per case. One Texas man alone, represented by an Austin, TX. law firm, has filed more than 300 suits over the past 8 months, according to court records.
"You can make 50 grand in an afternoon just by stopping by a few stores, " said David Warren Peters, a California lawyer who has defended more than 400 businesses in ADA lawsuits. "It's more profitable than narcotics."
Lawyers filing the suits insist they are protecting the rights of those with disabilities. But businesses say they absorb thousands of dollars in legal costs- and ultimately pass them on to consumers- for minor problems, such as lowering coat hooks, that they would fix with a phone call. At the same time, some advocates for people with disabilities worry the barrage of lawsuits will make it harder for them to work with businesses on improving access and ultimately limit their ability to file lawsuits for serious violations.
"It reflects badly on the disability community,"said David White, a disability rights organizer with ADAPT, an advocacy group. "When we ask for accommodations, all businesses hear is 'Oh, my God, how much is this going to cost me to go away?"
The wave of ADA-related litigation has spread from California, where a similar state law provides a minimum of $4,000 in damages for a person filing a successful lawsuit over public accommodation and some clients- dubbed "professional plaintiffs" by opposing lawyers- have filed as many as 2,5000 cases each over five years. Across the country, ADA lawsuits filed in federal courts have jumped more than 60 percent over the past year, growing to more than 3,400 in the first six months of 2016, compared with 2,100 during the same period in 2015.
In Texas, the number of ADA cases filed has increased fourfold over the past year, to more that 200 in the first six months of the year from less than 50 a year earlier. Texas ranks fifth in the number of such lawsuits filed, behind California, Florida, New York and Arizona.
James Van Winkle has been in a wheelchair since he rolled over his 1965 Plymouth Barracuda in a single-car accident 21 years ago. Over the years, he became an activist on issues affecting those with disabilities, including public accommodations.
Sometimes, he can't get to the restroom because of stairs. Or if he makes it to the facilities, he can't reach the wash basin after using the toilet. And too often, he said, when he and other people with disabilities ease concerns about such obstacles, they are dismissed.
"We plead. We ask, " said Van Winkle, age 60. "You get the runaround."
About four years ago, Van Winkle attended a rally for the rights of people with disabilities in Washington and met a lawyer with a law firm from Miami, Fla. This lawyer belonged to a firm which filed several lawsuits in Texas federal court on behalf of Florida residents who alleged disability discrimination while visiting Houston, TX.
The meeting turned Van Winkle from an activist into a serial lawsuit filer. In the past two years, he has filed 45 ADA lawsuits in U.S. District Court in Houston, suing department stores, shopping centers and restaurants. Van Winkle, still burdened my medical debt from the accident and getting by on Social Security and trips to the local food pantry, said he usually receives less than $500 per case.
Most of the money goes to lawyers, who Van Winkle said don't tell him the settlement details. Van Winkle's lawyer, John Fuller, did not return requests for comment.
Recently, Van Winkle showed the results of his legal activism at a small shopping center near Houston. One of the lawsuits, filed in September 2014 and settled three months later, forced the center to move parking for people with disabilities to a flat surface and reduce the slope of a wheelchair ramp.
"You can see all the new concrete, " said Van Winkle, pointing to cut curbs that now accommodate his motorized wheelchair.
ADA lawsuits are usually settled, without depositions or lengthy legal briefs, several lawyers said. What needs to get fixed is rarely disputed. The biggest obstacle in negotiations are legal fees sought by plaintiff attorneys.
The lawyers who file the cases typically negotiate fees between $5,000 and $20,000 to settle each case, said a local Houston lawyer who has represented local businesses accused of failing to meet ADA requirements.
Ronald Smeberg, who acts as Van Winkle's local counsel, scoffs that the cases are big moneymakers for lawyers. His arrangement with Fuller from Florida is to attend hearings in Texas. For that, he said, he earns $175 an hour, compared with his regular billing rate pf $275 an hour. Smeberg says he takes the cases more out of public duty than legal fees.
"The attorney general isn't out there prosecuting these cases," he said. "Neither is the federal government. If Mr. Van Winkle doesn't step up to the plate, no one will do it."
But businesses often are frustrated by the ;lawsuits. Many have no clue they're out of compliance. And, they said, they don't get an opportunity to fix the problems before the case goes to court.
Aster Manny's BBQ restaurant was sued by Van Winkle, the 100-seat restaurant agreed to boost the height of signs in the parking lot, lower the bathroom door hooks and made the wheelchair ramp easier to navigate. It also will remodel the men's bathroom, which is likely to cost upward of $10,000.
But the biggest expense? Legal fees, estimated to be as much as $21,000 in fees and other costs, most of it to Van Winkle's lawyers.
To pay the unexpected legal bills, the restaurant, which hasn't yet celebrated its second anniversary, had to cut back on sponsorship of youth groups and other community activities, as well as advertising.
But the small restaurant had a financial incentive to settle. If the barbecue restaurant challenged the case and lost, under the federal disability law, the company would be responsible for paying whatever legal bills the plaintiffs ran up during a lengthy legal process.
One Texas man has filed 386 lawsuits in 19 months. Jim Harrington, a lawyer representing seven of these businesses that were sued, opted to fight rather than settle.
Harrington recently retired as director of the Texas Civil Rights Project, the statewide legal advocacy group. He said he wants to stop the flood of "shakedown cases" so they won't trigger congressional action that would make it harder to sue for more serious violations and eliminate incentives for businesses to comply with the law.
Harrington got involved in the cases after a taco restaurant in Texas was sued for having only one designated access area for wheelchair loading and unloading and a door threshold that was too high.
Harrington said the typical settlement request is for $7,000 to $8,000, and many businesses end up agreeing to pay $3,000 to $4,000, figuring it's cheaper than fighting.
"That's why this is such a scam," he said.
Over the years, Congress has considered legislation to require businesses to receive advance notice of violations before any ADA lawsuits are filed, but none has passed. One of the latest bills was introduced by U.S. Rep. ted Poe, R-Texas, who co-sponsored a measure last year to give businesses time to fix problems before they're sued. The bill is supported by several business groups.
In California, Gov. Jerry Brown recently signed a bill allowing small businesses to avoid paying damages if they fix ADA problems quickly.
Van Winkle doesn't think much of these efforts to make it harder to file lawsuits to force businesses to provide legally mandated accommodations so people with disabilities have access to the same stores, restaurants and other businesses as all Americans. After all, he said, businesses have had more than 25 years to fix the problems.
"I call myself Don Quixote," he said, "and I try to tilt that windmill one at a time."
A quarter-century ago, the Americans with Disabilities Act required businesses to provide access to patrons in wheelchairs, including accessible parking spaces, curb cuts and ramps. But instead of making the government responsible, the legislation left it to individuals to enforce the law.
That unusual provision has turned the ADA into a cottage industry for lawyers who recruit clients from independent living facilities or disability rights groups and file lawsuits by the thousands against businesses with bathroom mirrors too high or ramps too steep- ultimately settling for several thousand dollars per case. One Texas man alone, represented by an Austin, TX. law firm, has filed more than 300 suits over the past 8 months, according to court records.
"You can make 50 grand in an afternoon just by stopping by a few stores, " said David Warren Peters, a California lawyer who has defended more than 400 businesses in ADA lawsuits. "It's more profitable than narcotics."
Lawyers filing the suits insist they are protecting the rights of those with disabilities. But businesses say they absorb thousands of dollars in legal costs- and ultimately pass them on to consumers- for minor problems, such as lowering coat hooks, that they would fix with a phone call. At the same time, some advocates for people with disabilities worry the barrage of lawsuits will make it harder for them to work with businesses on improving access and ultimately limit their ability to file lawsuits for serious violations.
"It reflects badly on the disability community,"said David White, a disability rights organizer with ADAPT, an advocacy group. "When we ask for accommodations, all businesses hear is 'Oh, my God, how much is this going to cost me to go away?"
The wave of ADA-related litigation has spread from California, where a similar state law provides a minimum of $4,000 in damages for a person filing a successful lawsuit over public accommodation and some clients- dubbed "professional plaintiffs" by opposing lawyers- have filed as many as 2,5000 cases each over five years. Across the country, ADA lawsuits filed in federal courts have jumped more than 60 percent over the past year, growing to more than 3,400 in the first six months of 2016, compared with 2,100 during the same period in 2015.
In Texas, the number of ADA cases filed has increased fourfold over the past year, to more that 200 in the first six months of the year from less than 50 a year earlier. Texas ranks fifth in the number of such lawsuits filed, behind California, Florida, New York and Arizona.
James Van Winkle has been in a wheelchair since he rolled over his 1965 Plymouth Barracuda in a single-car accident 21 years ago. Over the years, he became an activist on issues affecting those with disabilities, including public accommodations.
Sometimes, he can't get to the restroom because of stairs. Or if he makes it to the facilities, he can't reach the wash basin after using the toilet. And too often, he said, when he and other people with disabilities ease concerns about such obstacles, they are dismissed.
"We plead. We ask, " said Van Winkle, age 60. "You get the runaround."
About four years ago, Van Winkle attended a rally for the rights of people with disabilities in Washington and met a lawyer with a law firm from Miami, Fla. This lawyer belonged to a firm which filed several lawsuits in Texas federal court on behalf of Florida residents who alleged disability discrimination while visiting Houston, TX.
The meeting turned Van Winkle from an activist into a serial lawsuit filer. In the past two years, he has filed 45 ADA lawsuits in U.S. District Court in Houston, suing department stores, shopping centers and restaurants. Van Winkle, still burdened my medical debt from the accident and getting by on Social Security and trips to the local food pantry, said he usually receives less than $500 per case.
Most of the money goes to lawyers, who Van Winkle said don't tell him the settlement details. Van Winkle's lawyer, John Fuller, did not return requests for comment.
Recently, Van Winkle showed the results of his legal activism at a small shopping center near Houston. One of the lawsuits, filed in September 2014 and settled three months later, forced the center to move parking for people with disabilities to a flat surface and reduce the slope of a wheelchair ramp.
"You can see all the new concrete, " said Van Winkle, pointing to cut curbs that now accommodate his motorized wheelchair.
ADA lawsuits are usually settled, without depositions or lengthy legal briefs, several lawyers said. What needs to get fixed is rarely disputed. The biggest obstacle in negotiations are legal fees sought by plaintiff attorneys.
The lawyers who file the cases typically negotiate fees between $5,000 and $20,000 to settle each case, said a local Houston lawyer who has represented local businesses accused of failing to meet ADA requirements.
Ronald Smeberg, who acts as Van Winkle's local counsel, scoffs that the cases are big moneymakers for lawyers. His arrangement with Fuller from Florida is to attend hearings in Texas. For that, he said, he earns $175 an hour, compared with his regular billing rate pf $275 an hour. Smeberg says he takes the cases more out of public duty than legal fees.
"The attorney general isn't out there prosecuting these cases," he said. "Neither is the federal government. If Mr. Van Winkle doesn't step up to the plate, no one will do it."
But businesses often are frustrated by the ;lawsuits. Many have no clue they're out of compliance. And, they said, they don't get an opportunity to fix the problems before the case goes to court.
Aster Manny's BBQ restaurant was sued by Van Winkle, the 100-seat restaurant agreed to boost the height of signs in the parking lot, lower the bathroom door hooks and made the wheelchair ramp easier to navigate. It also will remodel the men's bathroom, which is likely to cost upward of $10,000.
But the biggest expense? Legal fees, estimated to be as much as $21,000 in fees and other costs, most of it to Van Winkle's lawyers.
To pay the unexpected legal bills, the restaurant, which hasn't yet celebrated its second anniversary, had to cut back on sponsorship of youth groups and other community activities, as well as advertising.
But the small restaurant had a financial incentive to settle. If the barbecue restaurant challenged the case and lost, under the federal disability law, the company would be responsible for paying whatever legal bills the plaintiffs ran up during a lengthy legal process.
One Texas man has filed 386 lawsuits in 19 months. Jim Harrington, a lawyer representing seven of these businesses that were sued, opted to fight rather than settle.
Harrington recently retired as director of the Texas Civil Rights Project, the statewide legal advocacy group. He said he wants to stop the flood of "shakedown cases" so they won't trigger congressional action that would make it harder to sue for more serious violations and eliminate incentives for businesses to comply with the law.
Harrington got involved in the cases after a taco restaurant in Texas was sued for having only one designated access area for wheelchair loading and unloading and a door threshold that was too high.
Harrington said the typical settlement request is for $7,000 to $8,000, and many businesses end up agreeing to pay $3,000 to $4,000, figuring it's cheaper than fighting.
"That's why this is such a scam," he said.
Over the years, Congress has considered legislation to require businesses to receive advance notice of violations before any ADA lawsuits are filed, but none has passed. One of the latest bills was introduced by U.S. Rep. ted Poe, R-Texas, who co-sponsored a measure last year to give businesses time to fix problems before they're sued. The bill is supported by several business groups.
In California, Gov. Jerry Brown recently signed a bill allowing small businesses to avoid paying damages if they fix ADA problems quickly.
Van Winkle doesn't think much of these efforts to make it harder to file lawsuits to force businesses to provide legally mandated accommodations so people with disabilities have access to the same stores, restaurants and other businesses as all Americans. After all, he said, businesses have had more than 25 years to fix the problems.
"I call myself Don Quixote," he said, "and I try to tilt that windmill one at a time."
IN THE NEWS- TRUMP & DISABILITY
A timely article from Disability Scoop
Advocates are keeping tight-lipped in the wake of Donald Trump's surprise victory with little known about how the president-elect may shape policies vital to people with disabilities.
Notoriously short on specifics, Trump barely touched on disability issues on the campaign trail. However, now that he has won the White House and Republicans have control of both houses of Congress, many disability advocates are scrambling to grasp what's ahead.
Many advocacy groups contacted recently about the election were slow to respond. Autism Speaks declined to comment while others including The Arc and the National Down Syndrome Society offered vague statements pledging to work with the president-elect.
"We are one day after an epic surprise," said Jennifer Laszlo Mizrahi, president of RespectAbility. "I don't want to pretend this is not a crisis because the fact is that President Obama and Hillary Clinton had very strong ties with the disability community and had very clear plans for the disability community. Mr. trump will have the opportunity now to engage with lots of people and hopefully this will become an important issue."
Health care could be the biggest ticket item for people with disabilities as Trump takes office, according to Mizrahi. Republicans have pledged to repeal the Affordable Care Act, a law that currently bars insurers from excluding those with preexisting conditions.
Meanwhile, advocates are worried about Trump's proposal to convert Medicaid to a block-grant system, which would limit federal funding for the program and transfer significant control to states.
Trump has also raised alarm bells with comments as recently as last year linking autism and vaccines, a theory widely discredited by the medical community. And, video of Trump appearing to mock a reporter with a disability played prominently in attack ads during the campaign.
"One of the challenges her eis that the Trump campaign was not very specific about disability policy plans and those areas that they were specific about concern us," said Ari Ne'eman, president of the Autistic Self Advocacy Network.
Nonetheless, Ne'eman indicated that disability issues have always been bipartisan and advocates have a long history of working together to protect special education and other critical programs.
"There's a lot of fear, a lot of anxiety but a lot of resolve to fight to protect the laws and programs that disabled people depend on to survive," he said.
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