Arizona Center for Disability Law

Quarterly Newsletter

February 2007

 

In this issue:

 

Message from the Acting Executive Director

 

Fundraising Events Planned for Tucson and Phoenix

 

The Center Welcomes New Board Members

 

Amicus Curiae Filed To Increase Access to Mortality Records

 

Intake System Handles Over 100 Callers Per Week

 

 

 

 

Message from the Acting Executive Director

 

“I don’t get it!”

 

“No wonder it cost $8.00 or more to go to the movies!”

 

“What percentage of the local population would use these services?”

 

You have just read real expressions of outrage, ignorance, and concern over the right of individuals who are deaf or blind to access movies theaters in Arizona.  These comments followed the announcement in November that the Arizona Center for Disability Law had joined the Arizona Civil Rights Division in suing the nation’s largest movie theater chains, accusing the chains of discrimination against people who are deaf or blind in Arizona.

 

Nearly 17 years after the passage of the Americans with Disabilities Act (ADA), places of public accommodations have been slow to move forward with available technology to serve all people with disabilities.  Arizona movie theaters are a perfect example.  The technology is available to make more theaters accessible to people who are deaf or blind; however, national theater chains have moved too slowly to integrate this technology.  One example of that technology is rear-window captioning.  Rear-window captioning broadcasts a signal from the back of the movie theater to a screen that can be mounted on the cup holder of the seat of the user. 

 

The Center has filed a lawsuit against Harkins Theaters.  We are in settlement talks with another major chain and are contemplating additional actions against other national chains in Arizona in an effort to force compliance with the ADA and to improve access to movie theaters for people who are deaf or blind.

 

You know, because of your past involvement with the Center, that this is exactly the kind of systems change you expect the Center to tackle.  And it is absolutely the right thing to do.

 

 

Fundraising Events Planned for Tucson and Phoenix

 

Our Board of Directors is pleased to announce two special events this spring designed to recognize the contributions of individuals in our community and to raise funds to support the work of the Center.

 

On Thursday, March 29, from 5:00 – 7:00 pm, the law firm of Piccarreta & Davis will host our Tucson reception.  “A Lifetime of Dedication - A Commitment to the Future” will honor Leslie Cohen, Jim Click and Ron Barber. 

 

Leslie Cohen was the Executive Director of the Center for 10 years.  She is now the Director of the Sonoran University Center of Excellence in Developmental Disabilities at the Department of Family and Community Medicine, University of Arizona.  Ms. Cohen will be recognized for her commitment to legal advocacy services. 

 

Jim Click is the Chief Executive of the Jim Click Automotive Group.  Mr. Click has championed integrated community employment for people with disabilities in Tucson and within his own Automotive Group.  Mr. Click will receive our corporate commitment award.

 

Ron Barber has served people with developmental disabilities in Tucson through the Arizona Division of Developmental Disabilities (Division) since 1974.  He had been the Tucson District Director for the Division since 1976.  Mr. Barber is now the District Director of the Tucson Congressional Office of Congresswoman Gabrielle Giffords.  Mr. Barber will receive a lifetime achievement award.

 

Invitations to our Tucson event will be in the mail by February 26.  Ticket prices are as low as $35 per person.  A copy of our invitation is posted on our website at http://www.azdisabilitylaw.org/Tucson%20Spring%20Event%202007.htm

 

Save the date: Thursday, May 10.  The law firm of Snell & Wilmer will host our Phoenix reception from 5:30 – 7:30 pm.  Details will be announced soon.

 

 

The Center Welcomes New Board Members

 

4 key community leaders have joined our Board of Directors. 

 

Matthew Wangeman is the current Chair of the Governor’s Council on Developmental Disabilities.  Matthew lives in Flagstaff and works for the Northern Arizona University Institute for Human Development.

 

Tony DiRienzi is the current Executive Director of the State Independent Living Council.  He is also the Treasurer of the Arizona Disability Advocacy Coalition.  Tony lives in Phoenix. 

 

Peg Kepner is an educator of students with autism at the Tucson Unified School District.  Peg is a former Center Board member and a former Chair of the Governor’s Council on Developmental Disabilities.  Peg lives in Tucson.

 

Craig Gordon is a partner at the law firm of Bogutz & Gordon in Tucson.  Craig brings 20 years of experience in elder law, including guardianship and fiduciary law.  Craig also served as a staff attorney at Southern Arizona Legal Aid.

 

Matthew, Tony, Peg and Craig join current members: Lydia Aranda (Phoenix); Tom Berning, Esq. (Tucson); Laura Brynwood, Esq. (Tucson); Susie Cannata, Esq. (Phoenix); Julie Carter, Esq. (Phoenix); John Chalmers, Esq. (Safford); Jodi Feuerhelm, Esq. (Phoenix); Patricia Garcia (Yuma); Steve Guy, Esq. (Phoenix); Randy Howe, Esq. (Phoenix); Mary Slaughter (Phoenix); Tom Uno (Flagstaff); Nick Wallwork, Esq. (Phoenix); and Stephen Winerip, Esq. (Phoenix).

 

 

Amicus Curiae Filed To Increase Access to Mortality Records

 

In an effort to bring forward information that may be relevant to Pima County Superior Court Judge Leslie Miller, the Center submitted a friend of the court brief in Pima County Human Rights Committee v. Arizona Department of Health Services.

 

The Pima County Human Rights Committee (HRC) had been seeking access to redacted copies of mortality reports for all mental health client deaths in Pima County.  The Arizona Department of Health Services (ADHS) declined the HRC records request.  The HRC is a legislative appointed committee charged with promoting the rights of persons who receive mental health services in Pima County, including the review of possible abuse, neglect or denial of client’s rights. 

 

The Center’s Amicus Curiae brief supports the position of the Pima County HRC because the outcome of this action will directly affect the quality of oversight afforded to the deaths of individuals enrolled in the public mental health system. 

 

In our brief, the Center argues several main points:

  1. The HRCs have a strong and broad mandate to protect the rights of mentally ill individuals.
  2. The HRCs require the requested mortality review information in order to function efficiently and effectively.
  3. The State law protecting ADHS’ peer review material was not intended to limit the HRCs statutory access to information.

 

Judge Miller held oral argument on this case in January 2007.  She has taken the case under advisement.  In other words, all of the parties are awaiting a decision.

 

 

Intake System Now Handles Over 100 Callers Per Week

 

In October 2006, the Center moved to simplify the process that you use to access our programs and services.  Previously, the Center segregated requests for information and services by issue area.  Intake occurred at different hours, on different days of the week, and in some cases in different offices.

 

Now, the Center accepts all requests for services and information in our Phoenix office on Monday, Tuesday, Thursday and Friday from 9:00 am to 1:00 pm.  If you live in the Phoenix metropolitan area, you call (602) 274-6287 (Voice or TTY).  If you live anywhere else in the state, you dial toll-free 1-800-927-2260 (Voice or TTY).

 

From the program’s inception, we received over 100 calls per week.  The calls have not subsided.  Of those callers, most are seeking information and representation related to special education, followed by access to health care and employment. 

 

While we do not have the resources to provide legal representation to every caller, we are truly committed to providing accurate disability-related legal information and advice to each and every caller who needs our services and assistance. 

 

 

As always, I appreciate the support you have provided to the Center.  Please feel free to contact me if you have any questions or concerns about the Center or our program activities.  You can reach me at (520) 327-9547, ext. 23 or by email at pradecic@azdisabilitylaw.org.

 

Thank you and I look forward to bringing you more news and information on the Center in the near future.

 

Peri Jude Radecic

Acting Executive Director