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1June 10, 2001

InsideThe Casey Martin Decision — p. 10Local ADA Lawsuit Started — p. 12

What IF TheGovernmentShut Down?

— Page 9

Volume 12, Number 6 SOURCES RESOURCES June 10, 2001

Repetitive Motion Disorders:The Unseen Disabilityby Amy Farrar

Stress - cont. on p. 13

“Disability is not a ‘ brave struggle’ or ‘couragein the face of adversity’ . . . disability is an art.It’s an ingenuous way to live.”

— Neil Marcus

ACCESS PRESS YEAR IN REVIEWDESPITE BIG LOSS, SHIP STILL ONCOURSEby Jeff Nygaard

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It would be an understate-ment to say that this past

year has been a historic one atAccess Press. Founder, edi-tor, and publisher CharlieSmith was diagnosed withcancer on the day beforeThanksgiving last Novemberand died just as the May 2001issue was going into produc-tion. Charlie hired me as theinterim editor in January, buthe continued to direct thepaper from his sickbed rightup until the end. In fact, heand I had an editorial meetingabout the May issue only fivedays before he died. Just ashe would have wanted.

Remarkably, through all ofthe turmoil caused byCharlie’s illness and death,Access Press never missed asingle deadline during thepast year, hitting the streetson the 10th of every month,right on schedule. Charliewas a stickler about gettingthe paper out on time, so hewould be happy about that!Credit for this remarkableachievement is due to morepeople than I could possiblyname in this space, but I willsingle out a few.

First and foremost are thecentral production team, those“behind-the-scenes” peoplewho make each issue happen.Nathan Halvorson, editorialassistant, did yeoman’s workduring this past few months.Despite only starting with thepaper in May 2000, hestepped into the breachbetween Charlie’s entry intothe hospital in November andmy coming on board inJanuary. Thanks, Nathan!Ellen Houghton, Access Presstypesetter and paste-up wiz-ard, extricated the officecrew from many a jam overthe past few months. Heryears of experience with thepaper have been invaluable

during the past year.

Our regular columnists—Lolly Lijewski, JohnSchatzlein, Nicole Roberts,and Pete Feigal—have beengreat, as has cartoonist ScottAdams, and the numerousadvocates and personalfriends who have chipped into help in a million ways.

Once again this year, theFriends of Access Pressprovided crucial and ongoingsupport. The total Friendscontributions this year cameto more than $10,000! Ourthanks to all of you. Thesupport of the Friends isalways critical, and evenmore so in a time of turmoilsuch as we are going throughright now. Not only does thefinancial support providedby the Friends support thepaper directly, but it alsoprovides the concrete evi-dence that we will need todocument as we seek outgrants and other support inthe months and years ahead.

The Medtronic Foundationonce again this year saw fit tomake a generous grant toAccess Press, as reported inthe April issue. Some ofthese funds will be used topay extra costs involved inre-organizing the paper in thewake of Charlie’s death, suchas training for new staff, newaccessibility systems for thenew editor, new computersoftware, and so forth. Thisyear in particular, the impor-tance of the MedtronicFoundation’s generosity can-not be overstated.

During the past year AccessPress continued to bring youprofiles of outstanding com-munity members, announce-ments of new informationresources, notices and re-views of arts and cultural

events, letters to the editor,and even a report on how oursevere winter weather af-fected people with disabili-ties!

Of course, Access Press alsoalways strives be true to ourmission “to inform the dis-ability community about top-ics of concern to us and toprovide accurate informationabout disability issues to thegeneral public.” Whether itwas reporting on such na-tional issues as Social Secu-rity and the Supreme Court,or on local issues such as theclosing (and reopening) ofAllina’s Wound Clinic andthe new state hiring goals forpeople with disabilities, Ac-cess Press continued duringthe past year to providecoverage of issues that wereoften under-reported—or un-reported—in the mainstreampress.

Finally, new editor TimBenjamin was hired byCharlie in April. Over thecoming months he will bemeeting and getting to knowmany of you – feel free toshare your thoughts andfeelings about the paper withhim!

This article is supposed to beabout the past year, so Iwon’t talk about some of theexciting projects that Charlieinitiated and that we hope tobring to completion in thenear future. You’ll behearing about them.

During the past year wereceived a letter from a locallaw firm telling us thatAccess Press is now consid-ered by the legal communityto be “the resource for peoplewith disabilities” in theregion. With your help andsupport, we hope remain so.

Part 1 of 2: Treatment,compensation “an uphillbattle”

The Merriam-WebsterCollegiate Dictionary

defines “disabled” as “inca-pacitated by illness, injury orwounds.” Many of us, whenwe think of someone who hasa disability, think of peoplewho are incapacitated insome way that is visuallyobvious. But for people withrepetitive motion disorders,their disability is not alwaysso readily apparent. Thissimple fact alone has led towidespread misunderstand-ing of the origins, symptoms,and clinical background ofrepetitive motion disorders,and no doubt has contributedto the recent repeal by theBush administration of ergo-nomics legislation that wouldhave required employers totake measures to protectworkers from these injuriesby providing ergonomicworkspaces and equipment.

The whole issue of repetitivemotion disorders (RMDs) ismired in a firestorm ofcontroversy. RMDs—alsocalled cumulative traumadisorders, musculoskeletaldisorders (a wider classifica-

tion of injuries includingthose that result from repeti-tion), repetitive stress disor-ders, and repetitive strain—affect people differently andpresent with a wide variety ofsymptoms, all dependent on amultitude of factors. Thesefactors make it extremelydifficult to assign one “cure”for RMDs. Furthermore, sinceRMDs affect people differ-ently, it can often be difficultto determine their origins,although the numbers areweighted heavily toward theworkplace. This is just the tipof the iceberg.

A Widespread Problem

According to the U.S. Bureauof Labor Statistics (BLS),246,700 people in the UnitedStates had disorders associ-ated with repeated traumas, anumber representing 66 per-cent of the total number ofinjuries recorded in 1999 (themost recent year for whichstatistics are available.) Notall RMDs result in temporarydamage that heals with time.In fact, according to theNational Institute of Neuro-logical Disorders and Stroke,many RMDs can cause per-manent damage to soft tis-sues in the body such as

muscles, nerves, tendons,and ligaments. RMDs canoccur in the hands and arms(where they most oftenpresent), but also occur in thewrists, elbows, shoulders,neck, back, hips, knees, feet,legs and ankles.

BLS statistics show thatworkers in almost everyindustry are exposed to therisk of acquiring RMDs.However, a large proportionof RMD victims are women.BLS statistics state that18,651, or 67 percent, of allcases of carpal tunnel syn-drome, and 10,127, or 61percent, of tendinitis cases,were reported by women in1999. These statistics, saysthe BLS, do not account forunreported cases of RMDs.While the BLS says theycannot estimate the numberof unreported cases, accord-ing to Stephanie Barnes, thefounder of ARMS, the Asso-ciation for Repetitive MotionSyndromes, it is becomingextremely commonplace foremployers to know that theyhave employees who havethese problems, but do noth-ing about it. In addition, anunknown number of workersgo to the doctor for an RMD,

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June 10, 2001 2

Tim Benjamin & Jeff NygaardEditors

ACCESS PRESSCo-Founder/Publisher (1990-1996) .................................................................... Wm. A. Smith, Jr.Co-Founder/Publisher/Editor-in-Chief (1990-2001) ......................................... Charles F. SmithEditor ............................................................................................................................. Jeff NygaardEditor – Designate ...................................................................................................... Tim BenjaminCartoonist ....................................................................................................................... Scott AdamsProduction ............................................................................ Presentation Images, Ellen HoughtonEditorial Assistant ............................................................................................... Nathan Halvorson

ACCESS PRESS is a monthly tabloid newspaper published for persons with disabilities by AccessPress, Ltd. Circulation is 11,000, distributed the 10th of each month through more than 200 locationsstatewide. Approximately 650 copies are mailed directly to political, business, institutional and civicleaders. Subscriptions are available for $15/yr.

Editorial submissions and news releases on topics of interest to persons with disabilities, or personsserving those with disabilities, are welcomed.

Paid advertising is available at rates ranging from $14 to $18/column inch, depending on size andfrequency. Classified ads are $8.00, plus 35 cents/word over 20 words.

Advertising and editorial deadlines are the 30th of the month preceding publication; special schedulingavailable for camera-ready art.

ACCESS PRESS is available on tape. Call MN State Services for the Blind, 651-642-0500 or 800-652-9000.

Inquiries should be directed to: ACCESS PRESS • 1821 University Ave. W. • Suite 185N • St. Paul,Minnesota 55104 • (651) 644-2133 • Fax (651) 644-2136 • E-mail: access@mninter.net.

Social Security Expands Horizonsby Joani Werner

The recent unveiling of astatue of Franklin D.

Roosevelt in his wheelchairunderscored the promise thatany American can grow up tobe President, even those withdisabilities. To many youngpeople with childhood dis-abilities this is an importantmessage. Far too many do not

realize the opportunities thatexist to attain what seemsunattainable, and as a resulthave low expectations.

Social Security is making aspecial effort to reach youngpeople with disabilities whoreceive benefits under SocialSecurity programs. Recent

changes in the law dramati-cally increase employmentopportunities for people withdisabilities. For young peoplejust starting out in life, theserules may be even moreimportant. They include:

• Continued cash benefitswhile a person tests theability to work

• Continued Medicare andMedicaid coverage, now upto 93 months (seven years, 9months) beyond the trialwork period

• Expedited reinstatement ofbenefits if unable to con-tinue working

• Community support, coun-seling and assistance inmaking the transition towork

• Help with work expensesHelp with rehabilitation andtraining

Another recent change allowsSocial Security to excludemore earned income of stu-dents with disabilities who areunder age 22 and who receiveSupplemental Security In-come (SSI) benefits. Theexcludable amounts increasedfrom $400 of their monthlyearnings (up to an annual limitof $1,620) to $1,290 in

monthly earnings (up to anannual limit of $5,200). Therule changes also provide forautomatic yearly adjustmentsbased on increases in the costof living. These changes willmake it easier for studentsreceiving SSI benefits tocontinue their education andtransition from school andpublic benefits to careers.

Young people who want moreinformation on these provi-sions can request the Graduat-ing To Independence (GTI)multi-media package whichexplains the help available to

people with disabilities. It isalso a helpful educational toolfor parents, teachers andrehabilitation counselors. Thispackage includes written ma-terials, two computer soft-ware disks, and a video. For acopy of GTI, contact Gradu-ating to Independence, SocialSecurity Administration, 545Altmeyer Building, 6401 Se-curity Boulevard, Baltimore,Maryland 21235; fax 410-966-8597.

You may also obtain informa-tion about Social Security’sother employment provisions

from our work website,www.ssa.gov/work. Ourwebsite provides a list ofvocational rehabilitation pro-grams, employment resources,a Community Events calen-dar, and examples of successstories of people with dis-abilities who used SocialSecurity’s employment sup-port services to obtain a job.For more information, callour toll-free number, 1-800-772-1213 (TTY: 1-800-325-0778) and ask for the publica-tion, Working While Disabled— How We Can Help.

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Quality • Dignity • Independence

June 3rd Proclaimed

“Charlie Smith Day”The following is the text of a proclamationissued by Minnesota Governor JesseVentura on the occasion of the June 3rd

memorial service held for Charlie Smith(see story on page 9):

In recognition of Charlie Smith Day,June 3, 2001:

This certificate of recognition is presented in honor ofCharlie Smith, who committed his adult life to advancingthe civil rights of people with disabilities; who foundedAccess Press, a newspaper by and for people withdisabilities; and who lived by example, with integrity, quietpower, and humor, with the appreciation and respect of thepeople of Minnesota.

I have hereunto set my hand and caused the Great Seal ofthe State of Minnesota to be affixed at the Capitol in theCity of St. Paul, June 3, 2001.

This month we report ontwo important ADA law-

suits. The best known one isthe Casey Martin decisionsent down by the U.S.Supreme Court on May 29th.Attorney Kathy Hagen givesa clear and straightforwardreport on this landmark case

on page 10. Just five daysearlier, on May 24th, a lesswell known lawsuit wasinitiated here in the TwinCities, also having to do withaccess to sports for peoplewith disabilities. That one hasto do with a mom in awheelchair who is suing for

the right to see her son playsports in the same way thatmost moms can. Our firstreport on this case appears onpage 12. We’ll be followingthis case as it proceedsthrough the courts, so staytuned.

***

Lots of opportunities in thismonth’s issue! See page 11 tolearn how to volunteer forseveral state advisory com-mittees for people with dis-abilities, and for informationon volunteering to test newvoice technology in motorvehicles. See the “In Brief”section on page 3 to find outabout going to the zoo, goingto the woods, and going to

sign-language camp. Getinvolved, and have some fun!

***

On page 9, Bob Brickillustrates the many ways thatstate government programsand services impact the livesof people with disabilities.Although we seem to haveaverted a government shut-down for this year, Bob’spiece illustrates that weshouldn’t take these things forgranted.

***

Typically the June issueincludes a “Legislative Wrap-up,” summarizing what wenton during the legislative

session that usually ends inMay. This year, the legisla-ture has failed to get its workdone on time, so our wrap-upwill have to wait until July.Advocates I have spoken withhave been using words like“shameful” and “appalling”to describe the performanceof the new “tri-partisan”experiment, which seems moreinterested in providing politi-cally-popular refunds andrebates than it is in meetingthe needs of our citizens. It istruly an outrage that our stateis looking at funding cuts ineverything from education totransit to health care pro-grams at a time of recordbudget surpluses. How canwe even call them “surpluses”when so many needs are going

unmet?

***

For the first time ever, aphoto of someone other thanCharlie Smith appears at thebeginning of this column. Iimagine that this seems asstrange to Access Pressreaders as it does to us! Timand I will do our best tocontinue the work that Charliehad carried on so well. OnJune 3rd a wonderful publictribute to Charlie’s life andwork was held in St. Paul. Aproclamation issued by theGovernor on that day ap-pears on this page, and ourreport on the event appearson page 14.

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3June 10, 2001

IN BRIEF . . . .Family Outdoor Adventures ForPeople Of All Abilities

UCP Sponsors Zippity Zoo Day

Sign Language Camp For Families

Bush Appoints Anti-ADA Judge

Wilderness Inquiry welcomespeople with disabilities andtheir families to participate intheir outdoor adventures forthe year 2001. Destinationsinclude Voyageur’s National

DynaMic Duos, UnitedCerebral Palsy (UCP) ofMinnesota and DynaVoxSystems are excited toannounce Zippity Zoo Day2001 to be held on Wednes-

Families with a child who isdeaf or hard of hearing candevelop and enhance theircommunications skills in acamp setting this summer.The 10th annual Adventuresin Summer Learning FamilyCommunications Week will

President Bush has announcedhis nominations for the federalappeals court judgeships.Among Bush’s selection ofseveral outspoken conserva-tives, one is very notable to

Park and Itasca State Park inMinnesota and the St. CroixRiverway in Wisconsin. Agroup will also go toYellowstone National Park inWyoming. For more infor-

mation about theseopportunities call (612) 676-9400 or (800) 728-0719(voice or TTY) or visit thewebsite at: www.wildernessinquiry.org.

day, June 27th at the MinnesotaZoo. Zippity Zoo Day 2001 isan event for augmentative andalternative communication(AAC) users. Children andadults who rely on AAC

devices can enjoy a daytogether at the zoo. Registerby June 20, 2001. For info callUCP at 1-800-328-4827 ext.1437 or ucpmn @isd..net.

be held July 9-13 at CampKnutson near Brainerd.Activities include signlanguage classes and games,shared reading, storytelling,tubing, archery, canoeing,parent discussion groups anda panel of service providers.

The camp is a collaborativeeffort sponsored by theMinnesota departments ofHuman Services and Children,Families and Learning andLifetrack Resources. (ContactKaren Smigielski, informationofficer, 651-296-1258.)

the disability community:Jeffrey S. Sutton. Mr. Suttonis well-known for his supportof modern-day states’ rightsover the federal government’s.In a recent suit, Mr. Sutton

persuaded the Supreme Courtthat states may not be suedunder the ADA for discrim-inating against their disabledworkers (as featured in theMarch 2001, Access Press).

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“Toolbox Offers”Resources For Farmers

Farming is physically de-manding enough for an

able-bodied person. Imaginewhat it’s like for a farmer witha severe disability, such as anamputation, paralysis, or avisual impairment.

Those images stirred PurdueUniversity’s Breaking NewGround Resource Center toaction. The result was “TheToolbox,” a resource manualfor farmers with disabilities.First published 15 years ago,“The Toolbox” was believedto be the only such catalog ofassistive technology for farm-ers.

The third edition recentlyrolled off the presses, withmany new and updated sec-tions, said Paul Jones, man-ager of the Breaking NewGround Resource Center. TheCenter is Purdue’s outreachprogram for farmers withdisabilities. There are about550 different items featured in“The Toolbox.” The maintopic areas include: Tractors& Self-Propelled Equipment;

Livestock Handling & Hous-ing; Crop & Materials Han-dling/Storage; Outdoor Mo-bility; and others.

“You’ll find such things astractor lifts, hitching devicesand powered gates,” Jonessaid. “A lot of these arehomemade devices. Fifteen to20 percent are homemadeproducts people submitted.”

Commercially available itemsare listed with supplier con-tacts.

Both the 1986 and 1990editions of “The Toolbox”sold out print runs of morethan 1,000 copies each. Jonessaid he hopes the new editionwill do the same: 300 of the1,000 copies printed havebeen spoken for.

The manual’s market is sub-stantial. More than a halfmillion farmers and otheragricultural workers in theUnited States have physicaldisabilities that make it diffi-cult to perform routine farm

tasks. And each year, approxi-mately 10,000 new cases ofdebilitating injuries or ill-nesses occur.

“In the back of ‘The Toolbox’we’ve put case studies ofindividuals who’ve risenabove their disabilities,” Jonessaid. “A lot of them have thespirit that they’re not going tobe beat. They have theattitude that if they can’t dosomething one way, they’llfind another.”

Web surfers can download a“Toolbox” preview at http://pasture.ecn.purdue.edu/ABE/Extension/BNG/toolboxpreview.pdf.

“The Toolbox” sells for $80,including shipping and han-dling. To place an order, callBreaking New Ground toll-free at (800) 825-4264. Break-ing New Ground plans tomake “The Toolbox” avail-able on CD-ROM later thisyear. CONTACT: Paul Jones,(765) 494-1221; jonesp@ecn.purdue.edu.

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Courage Center is seekingnominations for the 2001

Rose and Jay Phillips Awards.Presented annually since 1964,the Phillips Awards honormen and women withdisabilities who have achievedsuccess in their careers.Sponsored by the Rose andJay Phillips Family Founda-tion, recipients receive asubstantial cash award.

The purpose of the PhillipsAward is two-fold: to en-courage individuals withdisabilities to prepare forand find employment intheir chosen field and toencourage employers torecognize the advantages ofhiring people withdisabilities.

The Rose and Jay PhillipsAwards honor thecontributions of individualswith disabilities who haveachieved financial andvocational independencethrough employment. Thewinners are honored fortheir professional success,their leadership skills andtheir contributions to theircommunity.

These awards will be

presented at the 2001“Celebration of CourageGala” on Saturday, August25th, at the Medtronics WorldHeadquarters in Minneapolis.

Nominations are due July 10,2001. For more informationor to request a Phillips Awardapplication, call John Tschidaat (763) 520-0533 or TTY(763) 520-0245.

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June 10, 2001 4

On Mental Illness/Brain Disorders

The King Of Infinite Spaceby Pete Feigal

One of the gifts of having a visionary like Charlie Smith,even when we lose him, is that it makes us reexamine our

world, makes us look closer at who we are, at where we aregoing. And Charlie was one of those rare few who helpedpeople with special abilities define themselves, helped us askthose crucial questions.

How a culture defines itself is not by its system of governmentor technical level, but by its arts. And one of the great ironiesis that our artistic culture has been largely created by thosewhom society has so often treated as outcasts, those with thelabels of mental illness, or the “disabled,” the “crippled,” the“unemployable.” Being forced by their illnesses to lookinward, artists from Mozart to Michelangelo to Mark Twaindiscovered new paths of creativity and invented ourvocabularies for being human, the hopes and despairs thatdefine us.

Arguably the greatest inventor and creator of our culture wasWilliam Shakespeare. His plays and poems have, over the last400 years, defined the human. His explorations into the humanheart and soul have given us the models not just for humanity,but for philosophy, law, science, even medicine. And I have no

doubt that Sigmund Freud, Albert Einstein and Abe Lincolnkept their Complete Works of Shakespeare right by their beds.All of Will’s great characters, tragic or comic, Lear, RichardIII, Macbeth and Lady Macbeth, Othello, Mercutio, allsuffered from ailments of the spirit, as (if the whole “normal”world were honest) we all do.

But his greatest creation was Hamlet, the Melancholy Danewho has become the best-known figure in theater. ThroughHamlet’s words, actions, and lack of actions, has come one ofthe first definitions – and maybe the best – of despair and hopeever written. Shakespeare’s vision is so clear, many literaryexperts believe that he must have personally suffered withmental illness to be able to describe it with such passion andaccuracy.

The most recognizable lines in drama, and the most dreaded byyoung actors, are found in Hamlet’s immortal soliloquy, thefamous “To be or not to be” speech. It’s been so badly pawedby mediocre high school English teachers and communityactors that it’s almost ignored today. But its strength and depthof insight into the essence of human pain and doubt will neverbe diminished.

The moment comes in Act III, Scene I,. but the key to thespeech comes in the preceding scene when Hamlet’s oldcollege friends, Rosencrantz and Guildenstern, are sent to himfrom his uncle as spies to ascertain the truth of Hamlet’smadness. He welcomes them to the “prison”of Denmark, towhich they respond, puzzled, that they don’t think it is a prison.Hamlet replies that, why then, to them it isn’t, as “there isnothing good or bad but thinking makes it so: to me it’s aprison.”

They tell him it’s because he’s just too big a guy for such asmall kingdom. And he tells them: “O God, I could be boundedin a nutshell and think myself a king of infinite space, were itnot that I have bad dreams.”

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And there’s the key to Hamlet’s and our own dilemma in timesof despair. None of us can comprehend death; our only conceptor point of reference is sleep. And Hamlet’s sleep is equallyhorrific, filled with terror and nightmares. Read it once moreand hear maybe the greatest definition what it is to be human.

To be, or not to be, that is the question:Whether ’tis nobler in the mind to sufferThe slings and arrows of outrageous fortune,Or to take arms against a sea of troubles,And by opposing, end them? To die, to sleep –No more, and by a sleep to say we endThe heart-ache and the thousand natural shocksThat flesh is heir to; ’tis a consummationDevoutly to be wish’d. To die, to sleep –To sleep, perchance to dream: – ay, there’s the rub,For in that sleep of death what dreams may come,When we have shuffled off this mortal coil,Must give us pause; there’s the respectThat makes calamity of so long life;For who would bear the whips and scorns of time,Th’ oppressor’s wrong, the proud man’s contumely,The pangs of despis’d love, the law’s delay,The insolence of office, and the spurnsThat patient merit of th’ unworthy takes,When he himself might his quietus makeWith a bare bodkin? who would fardels bear,To grunt and sweat under a weary life,But that the dread of something after death,The undiscover’d country, from whose bournNo traveller returns, puzzles the will,And makes us rather bear those ills we have,Than fly to others that we know not of?Thus conscience does make cowards of us all,And thus the native hue of resolutionIs sicklied o’er with the pale cast of thought,And enterprises of great pitch and momentWith this regard their currents turn awry,And lose the name of action.

Religion and Disability

Spirituality And Charlie Smithby John Schatzlein

In trying to put the columntogether this month, all I

could think of was Charlie’sability to exhibit his Spiritual-ity on a daily basis, oftenwithout knowing it. Many ofhis attributes were well-identified and shared in the

Spitituality - cont. on p. 11

last issue of Access Press.

It is obvious to us, here in ouroffice, that Charlie was aperson who was able to knowhis “inner self,” sometimescalled the “soul.” One’s soulis the moral and/or theemotional makeup of a per-son, the spiritual or emotionalwarmth they bring to theworld. Charlie shared hisspirituality, his passion forright, his respect for others,and had an ability to conveypatience and calmness whilepushing for justice and inclu-sion.

Whether he knew it or not,Charlie was able to share hisinner self (his spirituality)with others in a way that didnot create anxiety about hisspirituality being seen as“religious” stuff. Charlie tookon challenges to search outfacts and comments aboutneeds, issues, systems, ser-vice delivery gaps and theoverall societal myopia in theway individuals —their plightsand life concerns—wereviewed and ultimately ac-cepted or respected by othersin the community.

Charlie took risks in publish-ing Access Press by includingideas and viewpoints thatwere not his own. (Forexample, by providing spacefor columns like this Spiritu-ality column). He listened tohis readers and had the visionto hear what they were sayingabout what they wanted hispublication to be. Charliewould have been the first tocorrect me and say that thepublication was not his alone,but rather, it belonged to all ofthe contributors of articles, toall of the readers, and to all of

Eleven YEleven YEleven YEleven YEleven Years WOW !!!ears WOW !!!ears WOW !!!ears WOW !!!ears WOW !!!

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651 641-0297

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5June 10, 2001

Hello Nicole:

Question? Complaint? Comment? Write to Nicole: % Access Press, 1821University Ave. W, #185 N; St. Paul, MN 55104; HelloNicoleAccess@yahoo.com

Disability Culture

Disability Services:Does One Size Fit All?by Lolly Lijewski

Part 2 of a 2: A History ofSeparation

The Governor has proposedthat the Department of Eco-nomic Security be abolished.Some agencies which servepeople with disabilities thatare currently in that depart-ment will move to a newplace. This month’s columnlooks at some of the issuesfrom the point of view ofMinnesotans who are blindand visually impaired.

HistoryAs far back as the 1500sservices for blind people wereseparate. They sometimeswere paired with people whowere deaf, and often with thepoor. Residential schools forthe blind were created in the1700s. The first residentialschool for the blind opened inMinnesota late in the 1800s.A feeling began to surfaceamong teachers of blindchildren that parents of blindchildren did not know how tocare for them properly. Thesame curriculum that wastaught to sighted students wastaught in residential schools.There were some additions tothe curriculum that wereunique to students who wereblind, such as braille, canetravel, abacus, and crafts likebasket weaving and chaircaning to provide a skill forthe students to earn a livingonce they graduated.

Also in the 1800s shelteredworkshops were established.These were places wherepiecework was performedand individuals were paid bythe number of pieces theyassembled. These workshopswere established because, associety became more mecha-nized, sighted people be-lieved it would be too danger-ous for people who were blindto work in shops with heavymachinery; in addition, trans-portation and travel to theshops was an issue.

The sheltered workshops wereeither close to residentialschools, or assistance withtransportation was providedto the people who worked inthe shops. In 1915 a law waspassed allocating $300 for theexpenses of blind studentswho wished to attend theUniversity of Minnesota. Thiswas the forerunner to thecurrent “Blind Student Tu-ition Waiver.” In the early1900s the Minneapolis Soci-ety for the Blind was estab-lished as the first rehabilita-tion center in Minnesota forpeople who were blind. In1923 The Minnesota StateBoard of Control established

an “Agency for the Blind,”now known as MinnesotaState Services for the Blind.

For the most part, separationhas been based on the differ-ent access needs of peoplewho are blind, such as theneed for materials in alternateformat (e.g. braille, soundrecordings, large print), train-ing in orientation and mobil-ity, and adapted techniquesfor daily living. Another, lesswell-known, factor is theperception by many non-disabled people that losingtheir sight is one of the worstthings that could happen.This stigma attached to blind-ness has been borne out inmany studies that have askedthe general public whichdisability they would leastlike to have if they had to havea disability.

Fears and concernsBecause of the historic sepa-ration of services, integrationinto the “disability commu-nity” does not seem necessaryto many people who are blind.Their services have histori-cally been provided to themwithout integration with otherdisability groups, and with anemphasis on integration intosociety at large. They havefound common groundthrough associating with otherpeople who are blind throughthe political organizations or,in some cases, through socialclubs. Rehabilitation centersand Dog Guide Schools haveprovided another source ofcommunity.

Because it has always beenthis way, some people whoare blind fear the merging ofservices, seeing it as a dilutionof their hard-won rights andaccess to society. They knowtheir workplace accommoda-tions are often among themost costly. This brings a fearthat others will want to raidthe financial pot of moneyappropriated for these accom-modations. They have foundthat when they have triedto integrate with otherdisability groups, theirown needs take secondplace. For example,materials are not providedto them in the appropriateformats, or orientationsare not provided to hotelswhere conferences areheld (which does notmake them feel welcome).Often, access is definedonly in terms of physicaland architectural barriers,rather than in their terms,which would put immedi-ate access to informationat the forefront. In short,their fears and concerns

are affirmed by the fewexperiences at integrating thatthey have attempted. Forthese reasons, some find itmore appealing to remainseparate.

Disability identitySome people who are blind donot see blindness, in and ofitself, as a disability. This is aminority within the blindcommunity.

So much of how our disabilityidentity is formed depends onthose with whom we chooseto build relationships. If wefeel safest with those we thinkare the most like us, we’relikely to seek out those whoare like us for support. If wefeel even more marginalizedby those who should, byrights, understand ourmarginalization from society(i.e. other people with dis-abilities), we are unlikely tobuild relationships with peoplewho have disabilities otherthan our own.

If we are to change thispattern it will take two peoplewho are willing to risk disap-pointment and being misun-derstood, and who are willingto come back until the gap ofknowledge and understandingis bridged and trust is estab-lished. Because we areoppressed doesn’t mean thatwe don’t oppress otherswithin our community. Some-times it takes a while to recog-nize when we’re perpetratorsof oppression, just as it takes awhile for those who oppressus to understand their actions.

Coming togetherOne way this chasm may bebridged is if individuals fromthe blind community and fromthe cross-disability communitytake the initiative to sit acrossthe table and begin buildingrelationships, attempting tounderstand each other’s needs,fears, and concerns, andpledging to stand in solidarity.Then, gradually, change will

Dear Nicole,My daughter is disabled andjust turned six years old. Partof her disability requires herto wear leg and torso braces.She’s never been troubled bythe braces, and most of herfriends have seen them, butnow this spring she won’twear certain clothes in publicbecause she doesn’t want herbraces to show. I’ve tried tobring her up to know shedoesn’t have to hide herdisability. Where have I gonewrong? Is it best to make herwear her shorts, or let hersuffer in the heat because sheis ashamed of her body?Sincerely,Upset Mom

Dear Mom,I don’t think you have gonewrong! Even if you’re aperfect mom, your daughter isstill growing up in a societywhere the prevailing view isthat we should be ashamed ofour disabilities. Your daugh-ter needs time to come toterms with this view and findher way toward acceptance ofher disability. It’s very naturalthat during her process, shewill need to experiment withher own feelings about herbody and her sense of dignity.I understand that it’s hard towatch your daughter feelashamed, and that you wishshe didn’t need to go throughthis. However, she does needto try out various styles ofcoping with her disability anddealing with the pressures andpreconceptions that others

place on her because of herdisability.

On the other hand, what yourdaughter is going through isjust normal child develop-ment. Around age six, chil-dren are starting to under-stand how they fit intosociety. Many children at thisage will suddenly becomeshy, develop a concern fortheir physical appearance,and worry about what othersthink of them. Children withdisabilities often get their firstinklings of prejudice at thistime and begin to see that theyhave reason for concern overtheir social acceptability.

I definitely don’t think thatyou should force her to wearclothes that she is uncomfort-able wearing. The last thingyou want to do is put yourselfin opposition to your daugh-ter. Give her unconditionalsupport. This doesn’t meanyou agree that hiding herbraces is best or necessary,but just that you respect herfeelings at this time. Some-times disguising or hiding ourdisability can give us a senseof power or control over whatpeople think of us; perhapsyour daughter is seeking herpower in the face of societalprejudice? Whatever the rea-son, the more you can see herfeelings in a positive andcompassionate way, the lessnegative emotional energy youwill add to her process. Don’tridicule her or put her down,but make light of the situation

and joke with her to lessen theseriousness and help keepthings in perspective.

I always recommend to par-ents that they introduce theirchildren with disabilities toadults with disabilities whoare active in life and/oradvocating for disabilityrights. It so hard for childrenwith disabilities to find theirdignity when they grow upwithout disabled role models.Your daughter should knowthe history of the disabilitymovement and how we havefought for independence,equality and access.

This background will not onlyhelp her better understandwhere prejudice and discrimi-nation come from, but en-courage her to speak up forher rights when there is anissue at school, with herfriends, etc..

Obviously, you’ve alreadygiven your daughter a lot ofthe vital foundation of sup-port and awareness she needsto constructively work withher disability. You have laidsome very important ground-work that I’m sure will be asource of strength and confi-dence throughout her life.Continue to be firm in howyou perceive disability, but atthe same time work to honoryour daughter for who she is:an individual with a disabilitymaking her own choicesabout her life.-- Nicole

come. Another factor is theacquisition of secondary andtertiary disabilities by peoplewho are blind and visuallyimpaired. The reverse is alsotrue for those with mobility

impairments who may acquireblindness as they age. Thistoo may help bridge the gap.

Matthew Little of the NAACPsays, “Social change happens

inch by inch.” This applies tochange within our owndisability community as well.

Congratulationstototototo

Access Press!Thank you for your continuing

efforts to increase awareness andeffect change. Keep up the good

work, you are an important part ofour community.

The residents and staff ofAccessible Space, Inc.

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June 10, 2001 6

The Accessible Church:Toward Becoming TheWhole Family Of Godby Linda Larson

Where are Moses, Jacob,Job, Bartimeus and

countless other spiritual lead-ers – people with disabilities,all, chosen by God – who arenot lifted up as spiritualleaders in the Church? TheMassachusetts and RhodeIsland Councils of Churcheshave asked this question andhave endorsed a thoughtfuland prayerful statement en-titled THE ACCESSIBLECHURCH: TOWARD BE-COMING THE WHOLEFAMILY OF GOD.

“The boards of directors ofthe two states’ leading ecu-menical bodies seek to drawattention to the...lack ofpersons with disabilities in thelife of the church and toanswer two key questions:‘Why do we find ourselves inthis situation?’ and ‘How dowe begin to work together forchanges so that all mayworship and be one inChrist?’”

“Many Christians are withouta community of believers toshare their joys and struggles;it means that many congrega-tions are impoverished andincomplete.” The Massachu-setts and Rhode Island Coun-cils of Churches have begun

an unprecedented campaigntogether with a network ofdisability advocates to movetoward reconciliation, whole-ness and unity.

These seem lofty words, andone may be skeptical that allthe fine words in the world donot necessarily create change.It is this reporters’ firm beliefthat there is integrity in theprocess that the two councilshave begun. It has been theexperience of this reporterthat the issues of disabilityand ableism have drawn manydifferent denominations to-gether to speak with onevoice. There is a moral man-date to address and act uponthese issues of disability andablism from the Biblical andhistorical roots of the Church.Faith communities are calledto be social witnesses, tospeak out against the barriersthat persons with disabilitiesand their families face. Thegreatest barrier is communi-cation. There are also thebarriers of education, trans-portation, employment, recre-ation, and ATTITUDE.

A firm foundation and ground-ing comes from a statementfrom the World Council ofChurches. There is a common

belief in a loving and justGod, that humankind is cre-ated in God’s image, and thatGod’s creation is indeedgood. Every person is vital tothe life of the Church and weall are dependent on oneanother and on God toexperience God’s grace with-in community.

The most exciting part of theirstatement is that they ac-knowledge that the Church“has not done the criticalthinking, political analysis,and prayerful reflection nec-essary to unmask our biasedpatterns of thought, language,and behavior which [reveal asunacceptable] our prejudiceand discrimination againstpersons with disabilities.” Ithas been this reporters’ expe-rience that THIS, in particu-lar, moves congregations farbeyond a comfortable placeand does much to heal theinjustices that persons withdisabilities have historicallyconfronted.

We are all faced with a moralcommand, both non-disabledpersons and persons withdisabilities and their families,to unite to DO justice. Forthose persons who do not trustthat the actions of the Massa-chusetts Council of Churchesand the Rhode Island Councilof Churches cannot createchange, this reporter wouldask you to risk trusting and totake responsibility to sharethis news with others. YOUare the one who can make thishappen.

For a copy of “The AccessibleChurch: Toward BecomingThe Whole Family Of God,”write to the Rev. Diane Kes-sler 14 Beacon St, Rm. 416,Boston, MA 02108-3760.

A wonderful mentor andfriend, Cathy Nelson,

once told me, “I’m in thatuncomfortable spot again.D***! Now I’m going to haveto do something about it!”Cathy taught me many thingsabout teaching and being avoice with and for studentsand I’ve never forgotten thatbrief moment. Last summer Ihad an epiphany, a moment ofrevelation, where I knew I hadno choice but to do somethingabout it. I had been reading abook on the importance ofparents imparting their cul-ture and history to theirchildren, especially childrenfrom minority cultures. Thisbetters their self-esteem, con-nects them to their past andpresent, and is vital to theireducational success.

I too come from a minorityculture, the culture of disabil-ity. But wait...although it isbeneficial for my children tounderstand that I come fromthis culture, it is not my twonon-disabled daughters whoneed this information in orderto survive. It is the nextgeneration of persons withdisabilities.

I can think of no other culturein which history and culturalinformation is not passed onto the next generation ofimmediate family, but ratherto the next generation ofstrangers who happen into

this culture due to accident,disease, or genetics. I NEEDto pass on what I know ofdisability culture and history.I realize I MUST pass this onto persons I haven’t even metyet. The only question isHOW?Here is the Epiphany!I called Charlie Smith andtold him I wanted to do amagazine that was by studentswith disabilities. It would beread by non-disabled anddisabled alike. I asked Charlie,“How do I start?” After somesage advice from Charlie, Iwas ready to begin. I called onanother wonderful mentorand colleague, Craig Dunn,from VSA Arts of Minnesota.Craig gave us a grant of$500.00 and access to anetwork of teachers in specialeducation throughout themetro area. I asked a teachingcolleague of mine, AlisonKonkol from ColumbiaHeights Alternative LearningCenter, would her class like todo the layout? She said“Yes!” I had to decide on atheme. What are Reflections?I asked students from grades6-12 to answer any of thefollowing questions: “How doyou see yourself? How do youthink others see you? Howwould you like others to seeyou? How would you want theworld to be? What part doesdisability play in how youview yourself, how othersview you, how the world viewyou?”

I asked for essays, poems,short stories, and/or black-and-white art. The e-mailswere sent. Who would re-spond? I wish to thank thevery dedicated teachers wholooked at the e-mail andactually responded to it!Thank you for your time. Ialso wish to thank the coura-geous students who submittedtheir work. The quality oftheir pieces is incredible. Thenext step was to ask studentsfrom the University of Minne-sota Disabled Cultural Centerto help put the order of themagazine together. Again, Ithank them for their help anddedication. Finally, I con-tacted another colleague andfriend, Bob Welch from IBIGraphics who had helped mein the past with another work Iedited. After many monthsand numerous rough drafts,REFLECTIONS was actuallyprinted. My dream had cometrue. Now it was time toCELEBRATE! ColumbiaHeights School District gra-ciously allowed us the use oftheir new community room.Teachers ordered buses fortheir students. I orderedcheeseburgers from McDon-ald’s and they graciouslydonated some orange drink.IBI Graphics delivered themagazines, VSA Arts of Min-nesota was there to takeorders and collects payments,as well as help take pictures ofour Signing Party. We had 40people show up to hear theauthors and illustrators reador tell about their work. Wehad family and friends ofstudents come to buy copiesof the magazine and to saycongratulations. One studenteven gave up a trip to Valley-Fair because this signingparty was more important! Iwas asked if there would be avolume two of REFLEC-TIONS. The teachers want it,and the students are alreadythinking about what theymight do for next year. Theregoes that darned uncomfort-able spot again. There is onlyone answer: OF COURSE!See you next year!The signingparty was dedicated in memoryof Charlie Smith, who wouldbe smiling at this wonderfulevent and whom I miss.

Linda Larson is the editor ofREFLECTIONS MAGAZINE

REFLECTIONS MAGAZINEcan be purchased throughVSA arts of Minnesota. E-mail mn.vsarts.org: call 612-332-3888(V&TTY): FAX612-3050132: write VSA arts ofMinnesota, 528 HennepinAv., Suite 305, Mpls., MN55403. Copies are $5/ea. for1-9 copies, $3/ea. for 10 ormore copies.

REFLECTIONS:The Birth Of A Magazineby Linda Larson

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A REVOLUTIONARYAPPROACHFOR PEOPLE WITHDISABILITIES651-641-0887

June 12: Candidates for the 2nd ward CouncilMembers: Joan Campbell, Cam Gordon,and Paul Zerby

June 19: Kathy Hagen, attorney at MN DisabilityLaw Center discusses the lawsuit againstthe City of Brooklyn Park.

Advancing theindependence,productivity and fullcitizenship of peoplewith cerebral palsyand similar disabilities.

United Cerebral Palsy of MNremembers Charlie Smith and pays tributeto him and Access Press for another year ofkeeping people informed.

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Disabled & Proud, It’s Not An Oxymoron

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7June 10, 2001

Reader Profile

Debra Burke: The ImportanceOf Our Communityby Nicole Roberts

Debra Burke works as aClient Services Manager

for Care Planners, a PCAcompany in St. Paul, Minne-sota. She has OsteogenesisImperfecta and uses a powerwheelchair. Both of Debra’sparents are disabled, whichgives her an interesting per-spective on disability cultureand history. Debra is 31 yearsold. She recently bought herfirst home, in Crystal, whereshe lives with her four cats.

Access Press: Can you des-cribe a little about yourdisability?

Debra Burke: OsteogenesisImperfecta (OI) causes mybones to break easily andbecome deformed. I alsohave problems with my teethand hearing—it affects any-thing having to do with mybones.

AP: How do you feel aboutyour job?

DB: I’m proud to work for acompany that’s run by and forpeople with disabilities. Ithink it’s time that disabledpeople start taking care ofeach other. I like being a partof a PCA company that is notjust a service, but thatprovides an independent liv-ing model for people. I alsolike having a disabled em-ployer because she is veryunderstanding when I haveissues with my disability.

AP: What were your earlyviews of disabled life?

DB: Disability has alwaysbeen very prevalent in my life.Except for my sister who isable-bodied, I grew up com-pletely surrounded by peoplewith disabilities. I have thesame disability my mother did(she passed away in 1992) andmy father is a double ampu-tee. Disability wasn’t ever aseparate part of my life, it justwas life.

My early images of disabledlife were very positive. Myparents and the majority oftheir disabled friends weremarried, had children, jobs,cars and homes – they livedvery normal lives at a timewhen a lot of people withdisabilities didn’t.

I really never thought any-thing negative about having adisability until I was schoolage and I started finding outthat people had low expecta-tions about my future. When Iwould say I was going to growup and have a job, for

example, theteachers wouldlook at me funnyand say, “Oh?That’s nice.”

It also botheredme that people atschool assumed Ilived in a grouphome or nursinghome. That reallyconfused me. Ididn’t realize howfortunate I wasthat I got to stayhome with my par-ents while a lot ofdisabled kids weren’t able todo that. As I got older, Ilearned that my mother wasone of those people whodidn’t get to be raised athome.

AP: Tell me about yourmother.

DB: From the age of aboutthree or four until she wasabout fifteen, my mom livedat Gillette Hospital in St.Paul. She only got to see herparents about once a year.She met her little brother forthe first time when he wasfive. It was hard on her.Things like not seeing herlittle brother hurt her a lot.The only fond memories shetold me were about the otherdisabled kids that she becamefriends with. Still, she didn’tcomplain about her child-hood. I think because sheknew that her parents nevermeant to hurt her, they justwanted what was best, unfor-tunately the doctors told themthat the hospital was best.

I think it was the era she wasborn in. She was born in1934, the oldest child offarmers in northern Minne-sota. The doctors pressuredmy grandparents to put her atGillette. They said thatbecause my mother wasdisabled, she would be betteroff in the hospital. But mymother actually had OI a lotless severely than me: I thinkin her life she had around 50fractures, where I have hadaround 300.

I really admire my motherbecause even though she wentthrough so much and hadevery reason to be completelyoppressed and inactive, shewasn’t. She left her little townand moved to Minneapolis byherself, got her own apart-ment, finished school, found ajob, was very social with herfriends and got married.

AP: How did your parents

meet?

DB: They belonged to adisabled organization ofbowlers. My dad was one ofthe few people who drove,and he would often drive mymom home from bowling.

AP: Even nowadays, peoplewith disabilities are often notexpected to have intimaterelationships and can befrowned upon for gettingmarried and having children.Do you think your parents hadto deal with this type ofdiscrimination?

DB: Yes, definitely – evenmore so because they had adisabled child. When myolder sister was born every-one was just relieved she wasable-bodied. But when I wasborn, some people told mymother she was selfish to havehad another child. They saidshe should’ve been happywith her one healthy child.

At other times, I think peoplethought my parents weren’t fitto be parents because theywere disabled. When I was ayear old, I had been having alot of fractures and every timeI did my parents would bringme to Gillette hospital. Therewas a nurse there who allegedchild abuse – she didn’tbelieve OI could make mybones break this easily andsaid it must be abuse – so thehospital wouldn’t let me gohome.

AP: That must have been hardfor your mom, especiallysince she was raised atGillette.

DB: Yes, I think that was partof the intimidation she feltbecause when the hospitalsaid that she couldn’t bringme home, she thought therewas nothing she could do.Luckily, my mom had a homehealth aide who got reallyupset when she heard whathad happened. This aide just

marched into the hospital,scooped me out of bed andtook me home. I never wentback to Gillette.

AP: Where you mainstreamedin schools?

DB: No, for most of elemen-tary school I was segregatedin a school for the disabled –it was more like daycare. Wehad to ask them to teach usthings. For example, in thirdgrade, myself and two otherstudents wanted to learn towrite in cursive. They hadn’ttaught us because all the otherkids in class were moreseverely disabled and couldn’tuse their hands to write. So,the three of us eight-year-olds

had to get together and ask ourteacher to teach us how towrite—or we wouldn’t everhave learned.

I feel like that school con-ducted business the way it didbecause there was this under-lying understanding that dis-abled people are never goingto live normal lives or amountto anything, so we didn’t needto know these basic skills.

In high school, when I didfinally get mainstreamed, Isaw how far behind I was inbasic skills. I remember myEnglish teacher made a list ofpunctuation marks on theboard and the other kids knewwhat they were, but for me it

was like another language. Iwas so embarrassed I didn’twant to ask for help. Eventu-ally, they said I had a learningdisability. I often wonder ifmy learning disability is real,or if it’s a product of my lackof early education.

AP: Do you have any closingstatement?

DB: The disabled communityneeds to learn: There is one.Last summer, I was telling oneof my clients about LeahWelch, and how she was aleader in the disabled commu-nity. My client stopped me inmid sentence – he said, “Dis-abled leader? Disabled com-

Accessible PerformancesThe following performanceswill be Audio Described (AD)for people who are blind orhave low vision, or Interpretedin American Sign Language(ASL) for people who are deafor hard of hearing.

“First Lady” by Erica Christ* AD Saturday, June 9, 8:00 –Audio Describer: Mari Grif-fin; * ASL Sunday, June 17,2:00 — Interpreter: MaryHolte Cheap Theatre and Hid-den Theatre at the Playwrights’Center, (612) 822-6060, runsJune 1-17. Back from the dead,Eva Perón narrates her life asshe careens toward an un-timely, painful death beforeher time.

“Gulliver: A Swift Journey”* AD Friday, June 15, 8:00 –AD: Rick Jacobson; Theatrede la Jeune Lune, (612)333-6200

“Once in a Lifetime”AD Sat.,June 16, 1:00 (tour 11:00);Fri., June 29, 7:30 - Describer:Laurie Pape HadleyASL Fri., June 22 & Thurs.,June 28, 7:30 - Interpreters:Lauri Krouse & AnthonyVerdeja Guthrie Theater,(612)377-2224, TTY (612)377-6626; A trio of NY vaude-

villians travels to the fantasyworld of Hollywood.

“Becket” by Jean AnouilhASL Sat., June 16, 8:00 —Rochester Civic Theatre,(507)282-8481

“Sound Stage” – composerPaul Dresher; * AD Sat., June23, 8:00 – tactile tour at 7:30Zeitgeist, at the Southern The-ater, (612)340-1725 Zeitgeistmusicians explore differentpossibilities of a stage.

“Candida” by Bernard ShawAD Sunday, June 24, 2:00 –Audio Describer: Mari Grif-fin Theatre in the Round Play-ers, (612) 333-3010

“My Fair Lady” by Loeweand Lerner * ASLS u n d a y ,June 24, 2:00 – Cross Com-munity Players at Maple GroveJunior High, (763) 391-ARTSEliza Doolittle takes lessonsfrom cynical speech teacherHenry Higgins to grow out ofher social station and into love.

“The Menstruation Project”ASL Monday, June 25,8:00 – Presented by IntermediaArts and Mama Mosaic atIntermedia Arts, (612) 871-4444 A multimedia perfor-

mance to speak about the onething all women experience;directed by Laurie Carlos.

“The Sound of Music”ASL Saturday, June 30, 7:00 –Interpreters: Mary Holte &Shari Estep; Eden Prairie Per-forming Arts Ensemble atHennepin Technical CollegeAuditorium, (612) 949-8453,TTY 952-949-8399, donation

“Communicating Doors” byAlan Ayckbourn * AD/ASLSaturday, June 30, 8:00 — AD:Rick Jacobson; ASL: SusanMasters & Anthony VerdejaPark Square Theatre, (651)291-7005 A sci-fi murdermystery & time travel adven-ture! Runs June 16 to July 8.

“Jacques Brel Is Alive &Well & Living in Paris” AD/ASL Saturday, July 11, 8:00— AD: Rick Jacobson; ASL:Susan MastersPark SquareTheatre, (651)291-7005

* Selected performances areeligible for Reduced Admis-sion Prices through Access toTheatre. For more info con-tact VSA arts of Minnesota,mn@vsarts.org. (612) 332-3888or statewide (800) 801-3883(voice/TTY).

[Editor’s Note: This is the third in an occasional series of profiles designed to share personalaccounts of how other people with disabilities are doing in the community. Last year, Nicoleprofiled Tina Schroeder and Kathy Hagen of Minneapolis.]

Profile - cont. on p. 11

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June 10, 2001 8

Premium increases for per-sons using Medical As-

sistance for Employed Per-sons with Disabilities (MA-EPD) will be one likely resultof the 2001 legislative ses-sion. Although the ink is notyet dry on the Health andHuman Services Omnibusbill, both the House and theSenate passed nearly identicalversions of a plan to increasepremiums for over 4,000

working persons with dis-abilities who need MedicalAssistance for health carecoverage.

The new premium schedule islikely to take affect Septem-ber 1, 2001, and will meanthat approximately 4,000 per-sons using MA-EPD willsoon receive a notice of apremium increase. The firstnew premium payment will be

due beginning in September2001. DHS will send ageneral notice of the newpremium sliding scale sched-ule to each participant in Julyand hopefully that notice willcontain a website address touse to determine individualpremiums due in September.

The new premium schedulespassed by both the House andSenate will require premiumpayments from individualsbeginning with 1% of totalgross income at 100% of theFederal Poverty Guidelines(FPG), currently $716 permonth. Payments will becapped at 7.5% of in-come when total grossincome reaches 300% ofFPG, or $2,148 per month.

The new schedule means thatmany more individuals will bepaying a premium, rangingfrom $7 per month for thosewith monthly earnings of$716, and rising to $161 permonth for those with monthlygross incomes of $2,148. Forthose with gross incomes over$2,148 per month (which is300% of FPG), the premiumwill be 7.5% of monthly grossincome. It is important toremember that the premiumwill be based upon bothearned and unearned incomebefore taxes and any otherdeductions.

Most MA-EPD Participants LikelyTo See Premiums Increaseby Anne L. Henry

The new premium schedulewas a compromise in order tochange the Department ofHuman Services’ budget pro-posal. That proposal wouldhave re-instituted a spend-down for those with unearnedincome (for example, SocialSecurity benefits) of morethan 100% of FPG, or $716per month. The DHS pro-posal would have hurt personswho still receive Social Secu-rity Disability benefits, butwould not have been a stablesource of funds in the longrun, since it is expected that agood number of MA-EPDparticipants will lose theirSocial Security benefits astheir earnings increase overtime.

Medical Assistance for Em-ployed Persons with Disabili-ties will remain a strong workincentive for persons whoneed the health coverageprovided by Medical Assis-tance (MA), but are able towork. First of all, using MA-EPD, individuals will berelieved of having to spendtheir income down to theMedical Assistance incomestandard. The MA “spend-down” is like a deductiblewhich requires that the personspend any income above theMA income standard (cur-rently$482 per month) forhealth care before MA willcover health care costs.

In addition, MA-EPD will continueto allow persons tosave money up to$20,000, not includ-ing allowed retire-ment accounts, ahome and a vehicle.

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The regular MA asset limit is$3,000 for an individual.Also, MA-EPD does notcount a spouse’s income andassets when determining theperson’s eligibility.

It is important to spread theword to the 5,500 Minneso-tans with disabilities usingMA-EPD that a premiumincrease is likely by Septem-ber 1, 2001. Each MA-EPDparticipant will receive a

Governor Ventura vetoeda bill that would have

enhanced patient protectionsfor people receiving theirhealth insurance through ahealth plan. The Governorwas concerned about thepotential costs of thesechanges to the state employeehealth plan. The bill passedthe Senate on a vote of 62-0and the House of Representa-tives 132-2.

Some of the provisions in-cluded in the bill wereproviding continuity of carefor 120 days in specifiedcircumstances if a person waschanging health plans. Anexample of this is a personwith multiple sclerosis whohas a flare-up of their symp-toms while they are in theprocess of changing healthplans. Under this bill, thatperson could continue to seetheir doctor—who was famil-iar with their health careneeds—for an additional 120days.

The bill also requires that themedical directors of healthplan companies with 50,000

GovernorVetoes PatientProtection Billby Joel Ulland

or more enrollees must belicensed as physicians inMinnesota. Many medicaldirectors who are makingdecisions about what a persondoes and does not need fortheir medical care are notlicensed to practice medicinein Minnesota.

Civil penalties collected bythe Department of Commerceand the Department of Healthfor violations of laws or ruleson the part of the health planmust, in most cases, be shared50-50 with the policyholdersaffected by the plan. Thisprovision was brought fromthe concern of how consum-ers were treated if the healthplan had made a decision thatviolated a law or a rule. Inthese cases a fine could belevied against the health plan,but the consumer wouldreceive no compensation fortheir time and trouble.

As of press time, it wasunclear if the House andSenate would attempt tooverride the Governor’s vetoduring the upcoming specialsession.

notice from DHS about thepremium schedule in July.Watch for more details infuture editions of AccessPress and through disabilityadvocacy organizations andthe Consortium for Citizenswith Disabilities Work Incen-tive Work Group.

Anne Henry is an attorneywith the Minnesota DisabilityLaw Center

Who said planningthe future is funand games?

Disability Culture Rap

*

* *

9June 10, 2001

Monday, 6:00 AM: Timeto start the week al-

ready? Sure wish my PCAwould get here. [Telephonerings] I wonder who’s callingthis time of day. “What? Youcan’t come? Why not?... Youhaven’t been paid for the pasttwo weeks and the agency isshutting down, due to cashflow problems....I know whatyou mean; I need to get out ofbed to keep my cash flowcoming...Yeah, I know you’resorry and you have to getanother job. Good luck.”

I need to call my brother tosee if he can pinch hit until Ican arrange something else.

8:00 AM: “Thanks Mike. Icouldn’t have started the daywithout you. It’s too bad thatthe state parks are closed andyou won’t be able to gocamping this week...OK...Ijust need to confirm my MetroMobility ride to the doctorand I’m all set.”

“Hello; Metro Mobility? I amconfirming my...What do youmean you’re not filling riderequests today? No money? Iknow better than that—you’reoperated by the MetropolitanCouncil, not the State ofMinnesota...You say that itsnot getting its state fundingand services are being tempo-rarily discontinued?What...there’s no mainlineservice either? The bankwon’t lend you money? Iknow the feeling—thanks fornothing.”

8:15 AM: “Mike, can yougive me a lift to the Doctor?Thanks.”

8:45 AM: “Right on time—Thanks Mike. Can you waitfor me?”

“I’m here to check in for my9:00 appointment. Here’s myMedical Assistance card...Why won’t you acceptit?...The State is not payingyou?...No...I can’t afford topay for this visit. I’ll have tocancel my appointment. Ihope I don’t end up in theemergency room before thepoliticians settle thisdeal...Oh—the paramedicsaren’t running either? I guessa lot of services are affected.”

9:00 AM: “Guess I’m goingto work earlier than theyexpected me today, Mike.Yeah—I really like my workas a job coach at Jobs R Us.

It’s a day training andhabilitation organization forpeople with disabilities. Wehelp people become taxpay-ers, and more independent.Great people and great work—although I’m still waiting formy cost-of-living pay in-crease. It’s apparently tied upwith this budget stalemate. Isure could use the raise.”

9:30 AM: “Hey look at thesign on the door. Operationsare suspended due to theGovernment shutdown. Whatdoes the Government have todo with Jobs R Us. Oh yeah—most of our funding flowsthrough the state, and they’renot open. I can get by for awhile, but I know many of myco-workers and clients can’t.Our business partners areexpecting us to be there, too.I’m sure they’re not going tobe happy. I’ve got to check inwith my supervisor—this isgetting to be depressing.”

10:00 AM: “Well, I guess itsback home. They’re suspend-ing operations and everyone’slaid off until the Governmentgets back to work. I can’t evenfile an unemployment claim.What are you up to today,Mike? ...You have an IEP[Ed. note: IEP is “IndividualEducation Plan”] meeting forSara and you expect prob-lems? I haven’t worked oneducation issues for a while,but I’d be happy to attend asyour advocate. Let’s go.”

[Cell phone rings] “Hello...What’s that?...My assessmentfor this week is canceled andyou’ll just authorize servicesas is until your public healthnurses come back?...TheCounty’s just dealing withemergencies? Well, I canwait, but my PCA agencyseems to be teetering. I’ve gotno PCA today and probablynot for the next couple ofweeks...Yeah, I’ll call if Ican’t get help. Bye.”

“Mike, I’m glad you’re onvacation buddy—don’t knowwhat I’d do without you.”

11:30 AM: “I’m pleased tomeet you Ms. Johnson. I’massisting Mike and Julie withthe IEP. Looks like the wholeschool is here. Oh—this isjust the IEP team?”

1:00 PM: “What do you meanyou can’t guarantee Parasupport or therapy services?We don’t care how they get

paid—we just agreed thatthese services are necessary.We know the school is facingbudget cuts and the State’s notcoming through, but I’mrecommending that Mike andJulie not sign off on this planuntil we get this issue settled.You can expect them to usetheir due process rights.”

1:30 PM: “What a meeting. Ican’t believe what you have togo through to get Sara anappropriate education. Let melook this stuff over and we’llfigure out the next step.”

“Watch out for the pothole.That one will swallow acar...It’s been there sinceApril?...The City’s not repair-ing roads, until it gets its Stateaid payment? Hope this bud-get stuff gets settled soon, foryour car’s sake.”

2:00 PM: “I’m starved. Canwe stop and then go to the postoffice? I have a registeredletter to pick up. Boy,WhiteCastle just keeps gettingbetter and better, doesn’t it?”

2:45 PM: “Look at this letter.The Minnesota Housing Fi-nance Agency can’t managemy apartment complex anylonger due to staff layoffs.Seems like they’re trying tofind a private party to pur-chase the complex. Looks likemy rent will be going up.What a day!”

3:00 PM: “Mike, how’s theapplication for Sara’s devel-opmental disabilities waiverslot going?...Really? Youmean the County can’t act onit until the State comesthrough with their money forthe County?...No staff to helpwith the intake process? . . .Hmph. So much for takingadvantage of the unlimitedslots opportunity.”

3:30 PM: “Hey, there’s Tomand Cindy. They’re the par-ents of one of my clients. Letssay hello.”

“How ya doin’?...You’re kid-ding me!? The house isclosing? Where will Ryanlive?...You’re bringing himhome, and Cindy will take aleave of absence from work?Boy, that’s great timing; I justheard that UMD’s tuition isgoing up after they re-openbecause they didn’t get enoughmoney from the Legislature . . .Your daughter will need to getanother job to make up for

Cindy’s lost wages? Well,hang in there—looks likeRyan lost a job and hometoday. If I can help, give me acall.”

4:30 PM: “Mike, let’s stop fora beer; it’s been a heckuvaday... Look at that guy—I surehope he’s getting a cab. No,he’s getting into his car.Quick! call 911

“Hi, we need a highway patrolhere ASAP....What do youmean, there’s no highwaypatrol in this area?...Due tothe state shutdown they’ve allbeen pulled? You’ve got toget this guy off the highwaybefore someone getskilled...OK...I hope you dofind someone, goodbye.”

“Can you believe this?”

6:30 PM: “Time to go Mike.Lets take the side streets. I’mleery about who is on the road,given all that’s happening outthere. No need to stop to eat.I’ve got a pizza in the free-zer.”

8:00 PM: “Great pizza. Ididn’t know they could do somuch with unusual toppings.Mike, can you help me intobed?...I know it’s early, but Idon’t have anyone to helplater.”

“Did I ever tell you you’re thebest brother in the world?Yeah, I know I’m sucking up.Can you be here tomorrow at7:30? Looks like I’ll have thewhole day to go throughSara’s records. ThanksBuddy!”

Government Shutdown:What Would It Look Like?by Bob Brick

Editor’s Note: As this issue was being written, the Governor and Legislative leaders had just reached an agreement on theoverall budget for the next two years. Governor Ventura was expected to call a Special session in early June, averting aGovernment shutdown. However, the threat of a shutdown got us all at Access Press thinking about the variety and importanceof State programs and services that affect the lives of people with disabilities. In this article, Bob Brick of Arc Minnesota takesus through an imaginary “Day in the Life” of a Minnesotan with a disability as it might unfold if the state government wereto shut down due to a budget stalemate.

People affected by schizo-phrenia, bipolar disor-

der, and other severe mentalillnesses are probably one ofthe most economically disad-vantaged groups in our soci-ety. An astounding 85-95% ofpersons with treatable severe,persistent mental illness areunemployed (according to a1999 report by the NationalAlliance for the Mentally Ill).In sharp contrast, all partici-pants at Tasks Unlimited areemployed. It is part of anoverarching philosophy tohelp people lead happier,more self-sufficient lives.

That’s why the Phillips Fam-ily Foundation awarded a$50,000 challenge grant tohelp Tasks launch their firstmajor fundraising campaign—Let the Secret Out. “At Tasks,everyone works. In fact,almost a third fully supportthemselves through theirwork,” said Tasks ExecutiveDirector John Trepp. “That’swhy we provide the highestwages of any supported em-ployment provider in thestate.”

Tasks has a 30-year trackrecord of success in helpingpeople with severe mentalillness (schizophrenia, bipo-lar disorder, and major de-pression) lead more fulfillinglives. “Employment does morethan give all of us a sense ofindependence. It builds self-esteem,” said Trepp. “It’s nodifferent for participants atTasks. It gives them a chanceto manage their lives with anew sense of confidence—and willingness to try new

things, volunteer, travel, andmore.” Many participants livein Tasks’ family-style set-tings, called Lodges. Otherslive in apartments. Theymanage the daily responsibili-ties of life on their own, yethave easy access to supportedemployment and housing aswell as mental health profes-sionals.

The Phillips Family Founda-tion makes grants that supportself-sufficiency. “We are hon-ored by this generous awardfrom the Phillips FamilyFoundation,” said Trepp. “Be-cause of this grant, we havethe momentum we need forour first major fundraisingeffort.” New individual do-nors can now double theimpact of their contributions,and help Tasks serve manymore people. New fundingwill help provide more afford-able housing, support for theaging,, and efficiency throughtechnology.

Stigma, discrimination,homelessness, criminalization,social isolation, and povertyoften mark the lives of peopleaffected by serious mentalillness. “These people are notstrangers,” said Trepp. “Theyare our family members,friends, and co-workers. Ev-ery one of them deserves tolead a happy life, fullyparticipating in our commu-nity. After three decades ofsuccess, we are well poised toexpand our capabilities tohelp even more people.”

Information for this articleprovided by Tasks Unlimited

Tasks ReceivesPhillips Grant For

The Benefit ofPeople Affected

By Schizophrenia

*

* *

June 10, 2001 10

The first decade followingthe passage of the Ameri-

cans with Disabilities Act(ADA) has seen much litiga-tion in the areas of gainingaccess to a job, to City Hall, tothe Courthouse, and othernecessary services to live.Persons with disabilities arenow reaching beyond thosevery important areas to seekequal treatment regardingsports and recreation. Thefirst case to reach the Su-preme Court in that regard isthe Casey Martin case. Inview of recent Supreme Courtdecisions involving the ADA,the holding in the Martin case,issued on Tuesday, May 29th,was surprising and very posi-tive. The U.S. Supreme Courtheld that the ProfessionalGolf Association (PGA), can-not deny Casey Martin theprivilege to play in theirtournaments simply becausehe uses a golf cart. They ruledthat his use of a golf cart doesnot fundamentally alter thegame of golf even thoughother players in this tourna-ment must walk.

The PGA sponsors threetours. While players can gainadmission to these tours invarious ways, it is usuallydone by qualifying through athree-stage competition knownas the Q-School. Golfers canenter this competition bypaying a $3,000 fee andsubmitting two reference let-ters from PGA members.Golfers are not precludedfrom using golf carts duringthe first two stages of the Q-School competition, but areprecluded from doing so atthe third and final stage.

Casey Martin, now 28 yearsold, has had a very successfulcareer in golf since the age of15. Despite his disability,Martin has qualified in sev-eral competitions. CaseyMartin has a permanent anddegenerative condition calledKlippel-Trenaunay-WeberSyndrome. It is a degenera-tive circulatory disorder that

obstructs the flow of bloodfrom his right leg to his heart.His right leg has alreadyatrophied. He still has limitedability to walk, but too muchwalking causes pain, fatigue,and anxiety. In addition, toomuch walking can cause himto have life-threatening bloodclots, or put him at high risk offracturing his tibia so severelythat amputation of his legmight be required. Through-out his golfing career, Martinhas always used a cart. Martinsubmitted letters from hisdoctor to the PGA, indicatingwhy it was necessary for himto use a cart during the thirdstage of the Q-School compe-tition. The PGA denied hisrequest to use a cart.

In response to the PGA’srefusal to let him use a cart,Martin filed suit in OregonDistrict Court alleging thatthe PGA was violating TitleIII of the ADA by notmodifying their rule regard-ing the use of carts so that hecould continue to compete toqualify for the PGA tourna-ment. Martin alleged thattheir unwillingness to modifytheir rules regarding the thirdstage of the Q-School compe-tition resulted in discrimina-tion against him because ofhis disability. The two issuesto be decided by the Courtwere: A. Do the PGA’s golftournaments constitute a pub-lic accommodation for pur-poses of the ADA? B. If so,can the PGA successfullyraise the defense that allowingMartin to use the cart in thisthird stage of Q-School com-petition is a fundamentalalteration of the game andtherefore not required by theADA? The District Courtdetermined that the PGA didconstitute a public accommo-dation for purposes of theADA, and that Martin’s use ofa cart would not fundamen-tally alter the game of golf.

The PGA ArgumentsThe PGA argued at theDistrict Court level that it was

not a public accommodation,but a private club with a selectmembership not open to thepublic. Private clubs areexempt from coverage underthe ADA. In case the Courtdidn’t buy its “private club”argument, the PGA made analternate argument that thegolf tournaments constituteda public accommodation onlyin terms of providing enter-tainment to spectators, anddid not constitute a publicaccommodation with regardto the participation of players.In other words, the PGA hadto make the sport accessibleto spectators but not toplayers. The PGA argued thatthe portion of the golf course“behind the ropes” was not apublic accommodation be-cause the general public hadno right to enter the area.

The District Court held thatany member of the public canenter the Q-School competi-tion if they have the $3,000fee and two reference lettersfrom PGA members. Thus,the membership is not selec-tive and the PGA is not aprivate club. The DistrictCourt further held that thePGA constituted a publicaccommodation as it was a“commercial enterprise oper-ating in the entertainmentindustry for the economicbenefit of its members.” Thus,both spectators and playerswere protected from discrimi-nation under Title III of theADA, and the PGA was apublic accommodation forpurposes of the ADA.

The District Court then re-viewed a great deal ofevidence regarding whetheror not walking the golf coursewas an essential part of thegame. If it were found to be anessential element of the game,then allowing Martin to use acart might constitute a “funda-mental alteration” of thegame. Public accommoda-tions are not required tomodify rules and proceduresif such modifications funda-mentally alter the programitself. The Court ultimatelyaccepted the testimony ofMartin’s expert that walkingthe golf course did not injectphysical fatigue into the gamefor golfers without disabili-ties. The expert testified thatthe main elements injectingfatigue and stress into thegame were the mental effortsit took to plot strategy andtime shots. The Courtcredited testimony that theamount of fatigue Martinsuffered—even using a cart—was greater than the fatigueothers had while walking thecourse.

Testimony to the Court indi-cated that Martin had no extraadvantages by using the cart.Golfers, including Martin,testified that they wouldrather walk than use a cart,that they did not believe itgave them an extra advantagebecause they were more incontrol of the ball whenwalking. Ultimately, theCourt determined that theessential element of the gamewas moving a golf ball fromthe tee into the hole using asfew shots as possible. Thus,Martin’s use of the cart didnot constitute a fundamentalalteration of the game. TheDistrict Court entered a per-manent injunction orderingthe PGA to let Martin playusing a cart. The PGAappealed the ruling, and theNinth Circuit Court of Ap-peals agreed with the DistrictCourt on all of the essentialsof the case, and affirmed theDistrict Court’s decision andits order that Martin beallowed to use a cart whenplaying in PGA tournaments.

Within the same week that theNinth Circuit released itsdecision upholding Martin’sright to play golf using a cart,the Seventh Circuit Court ofAppeals, in Ollinger vs.USGA, reached the oppositeconclusion with regard toanother golfer with disabili-ties who was suing the USGAbecause it would not let himuse a cart in tournaments. TheSeventh Circuit did not dis-pute that the USGA consti-tuted a public accommoda-tion for purposes of the ADA.The Court asserted, however,that requiring the USGA toreview individual applica-tions for a waiver from therule that everyone must walkand not use carts constitutedan administrative burden thatthe USGA shouldn’t have tobear. The Court held thatinstituting a uniform neutralrule would remove that ad-ministrative burden. TheCourt also held that granting awaiver of the walking rule andallowing Ollinger to use a cartfundamentally altered thegame of golf. When twoconflicting appellate deci-sions come about, the U.S.Supreme Court will oftenagree to review the issue ifsomeone appeals. The PGAin the Casey Martin case didappeal to the U.S. SupremeCourt.

The PGA introduced a newargument this time to explainwhy it was not a publicaccommodation. It arguedthat the PGA Tournament,and the golf course leased forsuch tournaments, were placesof exhibition and entertain-

ment, not unlike a theater.While spectators, or audiencemembers, were protected byTitle III of the ADA, playerswere really independent con-tractors and providers of theentertainment of the tourna-ments, not unlike actors.Thus, only spectators, orcustomers, must be affordedthe advantages and privilegesof a public accommodation.The Supreme Court rejectedthis argument saying thatplayers were not independentcontractors but were, in fact,customers, who paid the PGAa fee for the privilege ofparticipating in the tourna-ment. If they were winners,they might get financial re-wards, including advertisingcontracts on television, butthat did not make thememployees or independentcontractors employed by thePGA. Thus, the court af-firmed that players are cov-ered by the public accommo-dation provisions of the ADA.The Court further reaffirmed,using the same argumentsaccepted by the lower Courts,that allowing Martin to use acart did not fundamentallyalter the game.

The Court then went on toaddress the administrativeburden defense raised by theSeventh Circuit in Ollingereven though it had not beenraised in Martin. The Courtsaid that the few applicationsthe PGA would get fromqualified applicants whowould be precluded fromplaying because of theirdisabilities did not rise to thelevel of an undue administra-tive burden. The Court furthersaid that athletic tournamentsponsors were required toconsider the individual cir-cumstances of a case todetermine whether a specificmodification for the person’sdisability would be reason-able, necessary for theperson’s participation, andwould not fundamentally alterthe nature of the game. TheCourt said that failure to dothis individualized analysis,and unwillingness to considermodifying a rule might wellcause discrimination againstpersons with disabilities andcertainly did not fall withinthe spirit of the law asCongress intended it whenthey passed the ADA.

A Win For theDisability Community

This decision is definitely awin for the disability commu-nity. We can assume thatmore persons with disabilitieswill seek inclusion in sportingevents, in contests of all sorts.It is the first recognition bythis Court that persons with

disabilities have the right toparticipate in sporting eventsand in recreational opportuni-ties available to personswithout disabilities. TheCourt clearly intended, how-ever, that this be a narrowruling and assumes that therewill be very few persons whoare talented enough to com-pete in elite athletic events,and who have disabilitiessevere enough to precludetheir participation withoutmodifying a rule. F orexample, the Court advisesthat discomfort when walkingwould not constitute a disabil-ity severe enough to qualify aperson for such rule modifica-tions.

Reviewing the dissent in thiscase reminds us that we mustcontinue to be watchful. Thedissenting opinion was writ-ten by Justice Scalia and wasjoined by Justice Thomas.Justice Scalia said in hisdissent that the Court hadmade its decision out of“compassion” rather than rea-son. Justice Scalia believesthat people with disabilitiesneed only be allowed toparticipate in sporting eventsif they can do so without anymodification of the rules, andthat such events are defined aspublic accommodations onlyfor the spectators of suchevents. Justice Scalia arguedthat this decision will lead to aplethora of cases, perhapseven to the parents of a LittleLeaguer with attention deficitdisorder arguing that theirchild, because it took himmore time or concentration tohit a ball, should be allowedfour strikes instead of three.

People with disabilities mustkeep in mind that we are nowin a new administration.President Bush will probablyhave the opportunity in thenext four years to appoint oneor two Supreme Court Jus-tices as other Justices on theCourt retire. President Bushhas indicated that JusticesScalia and Thomas representthe model for the kind ofJustice he would appoint tothe Court. This could lead to acomplete control of the Courtby conservative activists in-tent on re-writing Civil Rightslaws. We must be constantlyvigilant and protest mightilythe appointment of otherswith such conservative andmisguided views to the Courtas those expressed in the mostrecent dissent.

Kathy Hagen is a staffattorney with the MinnesotaDisability Law Center

Supreme Court Reaches Decision InCasey Martin Case: Martin Can Use Golf Cart to Playby Kathleen R. Hagen

*

* *

11June 10, 2001

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the supporters, from advertis-ers, to monetary donors, todonors of time.

Charlie would have said thathe had an idea, and that theidea was not to share hisspirituality, but rather tocreate a voice for those un-heard, for those disenfran-chised, for those left behind ina racing, self-focused world.Charlie enjoyed his abilitiesand I am sure his success atbringing his idea as far as it

(651) 644-2133

Access@mninter.net

had come. He enjoyed thehunt for information, thechallenges of fairness inrepresentation of comments.He enjoyed the fights thatwere a part of the territory ofchange.

I will remember all the com-ments others shared aboutCharlie Smith. I will remem-ber his gentle prodding to getthis column in; his respectfulprodding to make it morediverse but keep it focused on

State DisabilityCommittees Seeking

ApplicationsThe Minnesota Depart-

ment of Human Servicesis seeking applications forthree new regional citizencommittees that will provideadvice on the state’s directservices to people with mentalillness, developmental dis-abilities, chemical depen-dency, traumatic brain injuryand other disabilities.

“The Ventura Administrationis committed to citizen in-volvement and satisfactionwith government. In keepingwith this, we are seekinggreater grassroots participa-tion in shaping services thattouch the lives of thousands ofMinnesotans each year,” saidHuman Services Commis-sioner Michael O’Keefe. “Ourgoal is to attract people activein their communities to makerecommendations about StateOperated Services and also tocommunicate about these ser-vices to the public.”

State Operated Services (SOS)includes the state regionaltreatment centers and alsoprovides other community-based services to people withdisabilities, often in partner-ship with other health careproviders.

The advisory committees willbe charged with bringingobservations, questions andconcerns to the attention ofthe commissioner, SOS man-agement, and the SOS Gov-

erning Board, a citizen groupthat sets strategic policydirection for the system.Among issues the committeeswill be asked to address are:• Clients’ satisfaction with

services;• Service needs of the regions

and how SOS might fillservice gaps; and

• Availability, access andquality of care provided bySOS.

One regional advisory com-mittee will be appointed foreach of the three regionalState Operated Services net-works:• Northern—including Ah-

Gwah-Ching Center inWalker, Brainerd RegionalHuman Services Center,Fergus Falls Regional Treat-ment Center and MooseLake Regional State Oper-ated Services;

• Metro—including Anoka-Metro Regional TreatmentCenter, Eastern MinnesotaState Operated CommunityServices and the MinnesotaExtended Treatment Op-tions Program; and

• Southern—including St. Pe-ter Regional Treatment Cen-ter and Willmar RegionalTreatment Center campusesand community services.

The Southern and Metrogroups will have 10 to 15members; the Northern groupwill include 15 to 20 mem-bers. Committee members

will meet at least quarterlybeginning in September 2001at a location within the region.Committees will determinefuture meeting dates andlocations.

Initial appointments will befor one, two, and three-yearterms. Members may bereappointed.

Experience in health care isnot required, although under-standing of the needs ofpeople with disabilities willbe considered a strong asset.

Service will be voluntary.However, travel and relatedexpenses will be reimbursed.

Applications may be down-loaded from the DHS websiteat www.dhs.state.mn.us/news-room/news/openappt.pdf orcan be obtained by contactingDebbie Rielley, Departmentof Human Services, StateOperated Services Support Di-vision, 444 N. Lafayette Road,St. Paul, MN 55115-3826,telephone (651) 582-1882.She also can be reached viathe Internet at debbie.rielley@state.mn.us o r the Minne-sota Message Relay Service,TTY (800) 627-3527.

The deadline for applicationsis June 22. Orientation to SOSand the strategic plan estab-lished by the SOS GoverningBoard is scheduled for lateAugust.

spirituality. Keep it appli-cable to the daily lives ofthose we all serve.

Charlie, thank you for theforum, for the spirituality youconveyed through who youwere as a person, as a leader, afriend, family member, men-tor to many, and as a very finehuman being. Your Spiritual-ity will live on as an exampleof what we can all strive tobecome, a person who re-spects and cares for others.

munity?” He was shocked! Itreally struck me then, howdistant the disabled commu-nity is from one other. We arebrought up in an able-bodiedworld, ashamed of our dis-ability, and therefore ashamedto make contact with one

PROFILE - Cont. from p. 7

another.

For example, when I was incollege, some people in theDisabled Students Organiza-tion decided that they wantedto rename the organization tosomething without the word

disabled in it. Every otherminority organization in theschool identified their minor-ity in the title (such as theAfrican American’s StudentOrganization) but we didn’twant to be known as a groupof disabled people. That’s

how ashamed we are of whowe are.

People with disabilities needto get together more. Mostpeople with disabilities don’teven realize the PCA programwasn’t given to us, but that thedisabled leaders in our com-munity fought to make ithappen. We all don’t have tobe on a mission, but we doneed to unite and embrace oneanother if we are ever goingto overcome our oppressionand loneliness.

SPIRITUALITY - Cont. from p. 3

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June 10, 2001 12

Patricia Scott started alawsuit on May 24, 2001

in State District Court againstthe City of Brooklyn Park andthe Brooklyn Park AthleticAssociation (BPAA). Scott issuing the City of BrooklynPark to remove physicalobstacles in its parks whichkeep her from being able totake advantage of recreationalopportunities available inthose parks for people who donot use a wheelchair or otherwalking aid, and for compen-satory damages. Scott issuing the BPAA because theycurrently do not schedulesporting events in space that isaccessible to persons who usewheelchairs. Scott is notsuing BPAA for monetarydamages.

Scott had polio as a child, andnow has Post-Polio Syn-drome. Because she has verylimited ability to walk, sheuses a motorized wheelchair.Scott is a single parent with ason, Zachary, who is now 12years old. Zach loves sports,and takes advantage of mostof the recreational sportsprograms available to him as aBrooklyn Park resident, in-cluding soccer, baseball, bas-ketball and football.

“Ever since my son was fiveyears old and played T-ball, Ihave not known, from game togame, from sport to sport,whether or not I would be ableto participate at his games andevents in the same way thatparents without disabilitiesdo. Parents come to thesegames, sit together and social-ize with each other, shoutencouragement to their chil-dren, even talk to them if theyhave problems in the game, orbring them ice if they get aninjury, all kinds of things.When I try to attend Zach’sgames, his practice games, oraward ceremonies or picture-taking ceremonies, I oftencannot participate, or I amrelegated to sitting in isolatedspace away from the rest ofthe parents and the teams.This is humiliating and verypainful for me,” Scott said.

In addition, Patricia Scott isunable to participate in manyother park activities. “TheCity has 55 beautiful parkswhich offer great opportuni-ties for family recreation,including hikes, picnics, andchildren’s sporting events. Ican’t participate in most ofthese activities, and otherpeople who use wheelchairswould not be able to either,because we cannot indepen-dently navigate parks where

there are no accessible path-ways,” Scott said. “I’ve alsoseen elderly persons, personswho broke their legs and areon crutches, mothers withstrollers, all kinds of people,who have trouble navigatingthese parks when there are noaccessible paths,” Scott adds.

The barriers she has encoun-tered include: no handi-capped parking in someparks, no accessible pathwaysto fields or bleachers, wirebarriers surrounding the park-ing lot which prevent her fromgetting into the park, and lackof accessible public toilets.Scott wants the City toremove those physical ob-stacles. She also wants theCity to compensate her inmonetary damages for theemotional distress she hassuffered over the years tryingto access various parks andservices.

Scott is also bringing suitagainst the Brooklyn ParkAthletic Association for con-tinuing to schedule programsand events in parks which arenot accessible to Scott orother persons with disabilitiesin violation of the MinnesotaHuman Rights Act and theAmericans with DisabilitiesAct. “I’m not suing BrooklynPark Athletic Association formoney. I just want them toschedule their programs andathletic events in accessibleplaces,” Scott said.

Since the summer of 1998,Scott has discussed the prob-lems with staff of the City’sParks and Recreation Depart-ment, and has even touredsome of the more problematicparks with staff to demon-strate the access problems.

In June 1999, when nosubstantial changes had oc-curred, Scott filed a com-plaint against the City with theDepartment of Human Rights.The Department investigatedthe charge and found Prob-able Cause to believe that theCity had discriminated againstScott. She participated forseveral months in a process ofconciliation through the Of-fice of the Attorney Generalin an attempt to settle thiscomplaint with the City.While her charge resulted insome improvements by theCity in some of its parks, theCity was unwilling to takemeasures to remove physicalobstacles in compliance withthe law.

“I want to send a message”

Lawsuit Filed For SportsAccessibility; ManyFacilities Not Accessibleby The Minnesota Disabiltiy Law Center

Attorneys from the MinnesotaDisability Law Center arerepresenting Scott in thislawsuit. They filed a com-plaint on behalf of Scott inDistrict Court against the Cityof Brooklyn Park for itsunwillingness to removephysical barriers in its parks.Scott wants the City ofBrooklyn Park to removephysical obstacles, to provideaccessible pathways and pub-lic toilets, and to providehandicapped parking. “I amsuing the City for monetarydamages as well. I want tosend a message that theycannot continue to ignoretheir responsibility to makethe parks accessible,” saidScott. Scott is not suing theBPAA to recover any mon-etary damages.

Scott’s attorneys, KathyHagen and Rick Macpherson,state that the City of BrooklynPark was required to removeall physical obstacles andmake its facilities and pro-grams accessible by June 7,1985. “Sixteen years afterthat date, the City has still notremoved physical barriers inits parks. This is a violation ofthe public service provisionsof the Minnesota HumanRights Act,” states Hagen.The parks included in the suitare the ones that Scott hasused in connection with herson’s games and athleticactivities. These parks in-clude: the two soccer com-plexes, Central Park, NorthWoods Park, Norwood Park,River Park, Zanewood Parkand Monroe Park. Scottbelieves, however, many otherparks are also not accessibleto persons who use wheel-chairs or other walking aids.

“The City and the BrooklynPark Athletic Associationboth should have been work-ing toward making all parksand recreational opportuni-ties accessible to anyone witha disability. They wereputting the burden on me totake extra steps to provide myown access. Even when I tookthose extra steps, the practicegames remained inaccessibleto me, and many scheduledgames were held in parkswhich were not accessible. Ialways had to worry, any timeI went to a game or practicegame, or to pick Zach up froma practice game, or tried inany way to participate, that Iwould not be able to even getinto the park. It createsconstant tension and anxietyevery time Zach has a sportingevent,” Scott said.

HOUSING AND PERSONAL CARE SERVICES

Accessible Space, Inc. (ASI) offers subsidized one and two bedroomapartments for individuals with physical disabilities. We have housingin the Twin Cities metropolitan area, St. Cloud, Brainerd, GrandRapids, Hibbing, Austin, Marshall, Willmar, and Duluth.

The apartments are fully wheelchair accessible and each building hasa central laundry room, large community room, secured entry and anon-site caretaker.

ASI also offers shared personal care services 24 hours a day, at mostlocations, for adults with a physical disability and/or traumatic braininjury who qualify for Medical Assistance.

For more information call (651) 645-7271 or (800) 466-7722. Forservices or housing call Cami, for employment as a personal careattendant call Al or Angie.

Accessible Space, Inc.

Private PayHOME CARE

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Homewatch Living Assistance763-546-8899

The unemployment ofMinnesotans with dis-

abilities who can and want towork is at an unacceptablerate of 50%. Minnesota mustreduce this alarming statisticand dramatically increase theemployment opportunities andself-sufficiency of its citizenswith disabilities. This canonly be accomplished bydelivering workforce devel-opment programs to Minne-sotans with disabilities in 21stCentury ways that meet twoneeds: 1) job seekers withdisabilities and 2) employers.

Minnesota’s long-term laborshortage is a threat to oureconomic future. For starters,one only has to consider theretiring baby boomers. Em-ployers in Minnesota willneed skilled, qualified, andreliable people to perform avariety of jobs. Studies revealthat 87% of employers who

have hired people with dis-abilities would encourageothers to do likewise.

The Disability Institute’s pub-lication “Better Jobs, BrighterFutures” reported that stereo-typical attitudes toward andlow expectations of peoplewith disabilities are funda-mental barriers and obstaclesto increasing the competitiveemployment of this popula-tion. Due to yesterday’sthinking, people with disabili-ties still face poor educationand training. Unfortunately,much of our state’s workforcedevelopment programs re-flect these outdated notions.

The timing is perfect foroverhauling Minnesota’s em-ployment and training system:

• New laws are on the books,for the first time, thatprovide employment incen-

tives for people with dis-abilities

• Major advances in medicineand technology offer un-precedented opportunities

• Studies repeatedly showthat the overwhelming ma-jority of unemployed peoplewith disabilities want towork

• Minnesota has unparalleledexisting resources and ex-pertise that can be utilizedand coordinated

According to Wendy Brower,Executive Director of TheDisability Institute, “Peoplewith disabilities want to bevalued, supported, welcomed,and respected. They want tocontribute in meaningful ways,feel better about themselves,and live up to their potential.”She further stated, “Peoplewith disabilities want betteremployment opportunities andsimply do not want jobs thatsomeone else decides are‘suitable’ for them. Peoplewith disabilities should beviewed as solutions toMinnesota’s labor force chal-lenges.”

As Minnesota’s job trainingsystem is examined, it isabsolutely essential to seekmeaningful input from allmajor stakeholders in theprocess.” People with dis-abilities are pivotal!

Minnesota government mustroll up its sleeves, assembleALL its talent, and create awin-win solution for all Min-nesotans.

Commentary

Citizens With DisabilitiesWant To ContributeTo Minnesota’sEconomic Futureby The Disability Institute

*

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13June 10, 2001

STRESS - Cont. from p. 1

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but never file a workers’compensation claim for fearthey will lose their jobs, saysBarnes.

The direct and indirect costsof RMDs in the workforce isstaggering. According to areport by the National Acad-emy of Sciences, the esti-mated workers’ compensa-tion costs in the United Statesassociated with lost workdaysrange between $13 and $20billion annually. When theindirect costs of lost wages,productivity, and tax rev-enues are factored in, it’sestimated that an additional$45 to $54 billion are drawnout of the economy annuallyfor disorders reported aswork-related.

Barnes has a thorough under-standing of RMDs and all thelegal, social, and politicalsituations surrounding them.Barnes, who has carpal tunnelsyndrome, tendinitis, andfibromyalgia, discovered shewas injured in 1991, when shewas working for a largepublishing company. Likemany workers, Barnes hadbeen wearing one too manyhats at the company and waseither on the phone or using acomputer for long hours everyday. After she began havingpain in her wrists, Barnes took

out a workers’ compensationclaim, but didn’t reach a courtsettlement until late in 1996.

Barnes started ARMS in1992, to offer educational andemotional support to otherswith RMDs. When she startedthe organization, she said, “Imet with some resistance. Alocal journalist told me thereweren’t enough people [withRMDs] to get it off theground.” Barnes later foundout the journalist’s own sonhad Nintendo thumb, anRMD caused by the repetitivehand motions involved inplaying video games. Withinweeks of the appearance of anarticle in a local papercovering Barnes’ organiza-tion, Barnes said she begangetting swamped with tele-phone calls to her Santa Rosa,California home from peoplelooking for information andsupport.

Crippling and Debilitating

Although most RMDs de-velop over long periods oftime, according to Barnes,one of the most shockingthings about these disorders ishow quickly the symptomscan develop, and how crip-pling and debilitating they canbe. One physical therapisttold Barnes that pain is the last

symptom of a developingRMD, the last sign beforemore permanent damage setsin.

According to a 1999 article inthe Journal of the AmericanMedical Association, morethan 200,000 surgeries forcarpal tunnel syndrome areperformed each year in theUnited States, “which makesit the most common surgicalprocedure performed on thehand.” JAMA also said directmedical costs for these sur-geries are estimated to bemore than $1 billion per year.

In Barnes’ case, she had beenworking on computers sincethe early 1970s, as a writer,teacher, and bookkeeper. Itwasn’t until she began to feelthe pain of her injuries thatshe realized how important iswas for her to have anergonomical ly-designedworkstation and a hands-freetelephone. Like many compa-nies, especially in the early1990s, Barnes’ employer tooka passive stance in regard toher situation. “It’s reallycommon for employers to actlike it isn’t happening,” saidBarnes.

“A lot of people [with RMDs]wind up quitting their jobs, oremployers find a way to ease

them out through lay-offs,”said Barnes, marking the startof an often uphill battle forsufferers of RMDs.

The process of finding appro-priate medical care can beconfusing, and often extendsbeyond the period of timeallocated by workers’ com-pensation. “Many specialiststhink their niche is the answer,but it’s a very complexsituation,” said Barnes, whohas spoken with ergonomicsspecialists, chiropractors, al-ternative health care profes-sionals, medical doctors,physical therapists, and otherpractitioners. She said it’simportant for anyone suffer-ing from an RMD to get anexam that can be called eithera “physical capacities” or“assessment exam” so theycan prove they are capable ofnavigating the vocational re-habilitation system.

There are a variety of mea-sures that can be taken, bothon the part of the individualand on the part of theemployer, to prevent RMDsfrom occurring in the firstplace. For example, worktables and monitors can be setat the correct height forfactory workers. The prob-lem, however, is that manyvictims of RMDs have no idea

that their pain has anything todo with the work they performfor an employer, said DeboraWeinstock of the AFL-CIO.“People are intimidatedagainst reporting. Some em-ployers encourage people notto report so their workers’compensation costs don’t goup. Some employers evenprovide incentives to encour-age employees not to reporttheir injuries,” she said.

Peter Rachleff, a professor inthe History Department atMacalester College who hasworked as a union consultantfor the past 25 years, agreeswith Weinstock. “The politi-cal structure in this country isnot prepared to recognizewhat a difficult place theworkplace is,” he said. “Prob-lems such as carpal tunnel,backaches, insomnia, andstress-related problems arenot taken seriously or investi-gated.”

Barnes said the recognition ofRMDs as a disability byofficial state or federal agen-cies is erratic, depending onthe agency and the peopleworking in it. She also saidthat how workers’ compensa-tion cases are handled andhow they are resolved varytremendously. She said insome states, “Even if a

workers’ compensation claimis accepted, insurance compa-nies will find ways to getpeople out of the system sothey aren’t covered.” In hercase, Barnes’ doctor had tosubmit a report every 30 days,and if it was late, her benefitswere abruptly cut off. Sheurges people with RMDs tohave a reliable attorney and aphysician who can documenttheir case and provide copiesof the reports if needed forlegal reasons.

“What’s happening with theergonomics legislation is themost telling indication ofwhat’s happening in thiscountry [with RMDs],” saidBarnes. Read about recentlegislative developments re-garding RMDs and ergonom-ics in Minnesota and thenation in the next issue ofAccess Press.

For additional informationon RMDs, the following Websites may be of use: theOccupational Safety andHealth Administration, atwww.osha.gov; the AmericanFederation of Labor andCongress of Industrial Orga-nizations, at www.aflcio.org;the U.S. Bureau of LaborStatistics, at www.bls.gov;and the National Academy ofSciences, at www.nas.edu.

*

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June 10, 2001 14

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During Charlie Smith’s 47years, he impacted the

lives of people from a widearray of backgrounds andpersuasions. On Sunday,June 3rd—“Charlie Smith Day”in the state of Minnesota—more than one hundred ofthose people gathered at thePhalen Park Pavilion in SaintPaul, Minnesota to rememberthe life and work of thisremarkable man.

Sponsored by Access Press,with help from many organi-zations and people in thedisability community, theevent served as a rally andrededication to the spirit ofCharlie and how he lived hislife—as a quiet, determined,and resilient fighter for dis-ability and human rights.

As the late-day sun brokethrough the clouds andsplashed bright, clear light

onto the pavilion floor, aparade of speakers gave theaudience a variety of vividimpressions and memories ofthe late Access Press co-founder and publisher. In theeyes of the event’s openingspeakers—Senator PaulWellstone, U.S. Representa-tive Betty McCollum, andCounty Commissioner PeteMcLaughlin—Charlie was re-membered as a teacher.Wellstone remarked, “If I hadto identify one of my realteachers in the community, itwas Charlie Smith.”

Mc-Laughlin added that“Charlie Smith had a clearagenda and there was nobacking down.”

Long-time activist JeffBangsberg illustrated Mc-Laughlin’s point with ananecdote of Charlie as anadvocate. In 1996, Charlie leda demonstration at the

Governor’s office. When thegroup demanded they beallowed to speak directly tothe Governor about PCA/TEFRA legislation, they weretold the Governor was un-available. To this, Charliereplied plainly and firmly,“We’ll just wait here, then.”And wait they did. To protecthis fellow demonstrators,Charlie had even arranged foran attorney to be present,aware of the possibility thatgroup members might bejailed for using such tactics.However, much to the delightof the demonstrators—andmuch to the consternation ofthe State Troopers present—no one could figure out how totransport the “WheelchairDozen” to jail!

Former state representativeLee Greenfield commendedCharlie for his solid journal-ism. Greenfield pointed out tothose in attendance that

Charlie Smith Memorialized On June 3rd, 2001by Nathan Halvorson

What is this yoga craze,anyway? Why is it

making the cover of TIMEMagazine? Who knowsexactly why any fad catchesfire? But the disciplinedpractice of yoga does offer aplethora of benefits: addedstrength, improved balance,increased flexibility, not tomention a heightened sense ofwell-being.

But does yoga offer thesethings to someone living witha disability? The answer is:Absolutely yes! For nearlythree years, I have beenteaching a yoga class at theCourage Center, open to all,including people with specialneeds. I know with certaintythat the benefits of yoga areaccessible to everyone. I have

been living with a spinal cordinjury, paralyzed from thechest down, for the lasttwenty-two years. I have beenpracticing yoga for over adecade.

What yoga teaches is that‘where’ and ‘how’ your mindresides within your body trulymatters. The more conscious,the more precise your pres-ence is, the greater the benefit.This truth does not discrimi-nate. Everyone is welcome.

The Courage Center yogaclass is offered on Thursdaynights from 6:30 to 8:00, inthe gym. For more informa-tion, call Pat Friese in theSports and Recreation De-partment at the CourageCenter: (763) 520-0473.

Yoga And Youby Matthew Sanford

Charlie was not like theaverage journalist. For onething, Greenfield said, “WhenCharlie Smith interviewedyou, you knew that he knewwhat he was talking about.”

Charlie often was invited outinto the community to speakto children about disabilityculture and issues. A touch-ing moment came when someSt. Paul schoolchildren spokeof the impact Charlie’s effortshad on them. Two noteswritten by these grade-schoolers appear elsewhereon this page.

Rick Cardenas, a longtimefriend of Charlie, presentedthe audience with a view intotheir friendship. He remem-bered that they could talktogether about music, beer,and women, topics that one“can’t talk to just anybodyabout.”

Charlie’s well-deserved repu-tation as a family man alsoreceived mention in the me-morial. As Senator Wellstonesaid with conviction “He wasa great uncle to his nieces andnephews.”

Representative McCollumspoke for many when she saidthat “The best way to honorCharlie’s spirit is to pass onthe knowledge.” MargotImdieke Cross pointed outthat Charlie’s legacy goesbeyond simply knowing, re-minding those present that“Charlie Smith was a man ofaction.”

Many of the presenters spokeof Charlie’s strengths with acall to the audience to carry onin honor of the example thathe set. Access Press BoardMember Steve Kuntz prom-ised that “We will carry on thetorch, Charlie.”

“We had a man named Charlie come into our classroom. Hewas in a wheelchair because when he was little it was a hotsummer day and he and this girl were standing on a divingboard. She was being funny and pushed him. He was tryingto catch himself but instead of going into the water he fell onthe concrete and from that day on he was in a wheelchair andin very critical condition. A couple of weeks ago he died andeveryone he knows really misses him a lot. In lovingmemory of Charlie.”

“I did not know Charlie well over his lifetime. All I know ishe was a good man. He came to our class. I was sad for him,but I got to know him well. I loved him, just like you. Hemade me a NEW person. He’s not in my family, but I lovedhim, it is sad. He was a great man—he forgave people. Wewill miss him for the great things he did. He is gone but hissoul will live on. He did great things in his lifetime, but he’sin a better place and we will miss him every day. He is up inheaven and he is watching us every day with joy, hoping wewill be strong, rejoicing in the sky above. He was the bestman in the world, too. But one thing—he was strong.”

The following are two letters from young students at a St. Paul grade school.They were read at the June 3rd Charlie Smith Day event:

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15June 10, 2001

Access To EmploymentEMPLOYMENT ADS ARE $14 A COL. INCH; JUNE 29 IS THE DEADLINE FOR THE JULY 10 ISSUE. Mail to:

ACCESS PRESS 1821 University Ave. • #185N St. Paul, MN 55104 • Fax 651-644-2136 • E-mail: access@mninter.netMore adv.s

on p. 14

PROJECT SUPPORTSPECIALIST

Faegre & Benson LLP is seek-ing a highly self-motivatedProject Support Specialist towork with an energized teamof individuals supporting 850users on a Microsoft network.This position offers an oppor-tunity to work on leading edgetechnology such as W2Kserver, NT server, SMS 2.0,IIS, Office 97, Windows 2000,Intranets and video-confer-encing. You will contribute toall of these areas, with the pri-mary focus on supporting endusers. We are seeking indi-viduals highly knowledgeablein PC hardware and softwareusage, installation, configura-tion and troubleshooting; andinterested in advancing theircareer and working in a dy-namic environment. We sup-port education for Microsoftcertification and are interestedcandidates either already onthat track or who have com-pleted their MSCE certifica-tion. Two to three years expe-rience is required along with a4-year degree in computer sci-ence or related discipline. Ex-perience with SMS adminis-tration is highly desirable. Thisposition also participates in aweekend on-call rotationschedule. We offer a profes-sional environment, competi-tive wages and excellent ben-efits including a discountedbus program - Metropass. Foradditional information aboutFaegre & Benson, visit ourweb site at www.faegre.com.Please send resume and salaryhistory to Human Resources:

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Gillette Children’s offers acompetitive salary and benefitpackage. Interested candidatesplease send resume to GilletteChildren’s Specialty Health-care, Human Resources DeptSH, 200 E. University, St.Paul, MN 55101, e-mail: shennegen@gillettechildrens.comor fax: (651) 290-8700. Jobline: (651) 229-1728. Visit ourwebsite at:

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St. Cloud Area Legal ServicesHousing Project seeks full-time VISTA volunteer for 1yr position to work as part ofteam to enforce fair housingrights of low-income tenants.Tasks include tenant organiz-ing, outreach & ed, fact devel-opment, investigation & liti-gation support. Attorneys andnon-attorneys welcome to ap-ply. Exper with affordablehousing issues, tenant orga-nizing, poverty law, or out-reach & ed +. VISTA vol re-ceives stipend for hlth ins, liv-ing, travel & training expenses.To apply, request VISTA app& full job desc: MinnesotaHousing Partnership, 1821University Ave W, #S-137,St. Paul, MN 55104, www.mhponline.org or Ann Cofell,SCALS, 320-254-0121. Appsaccepted until position filled.

AdministrativeHOSPITALITY

SERVICES ASSISTANTFaegre & Benson LLP, a lead-ing Minnesota law firm, has animmediate opening for a Hos-pitality Services Assistant Thisposition will assist in orderingfood for meetings; setting upvarious functions & meetings;Maintaining log books of foodorders & inventory, along witha variety of other administra-tive duties. Our ideal candi-date will have at least 1 yearadministrative experience;strong computer skills & at-tention to detail; ability to com-municate successfully withmany different personalities:and a team-oriented work style.In addition, our candidate willbe people, service & action-oriented. We offer a competi-tive salary and an outstandingbenefits package, including adiscounted bus program —Metropass. For additional in-formation about our law firm,visit our web site www.faegre.com. Please send yourresume and salary history toHuman Resources:

FAEGRE & BENSON LLP2200 Wells Fargo Center90 South Seventh StreetMinneapolis, MN 55402

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Faegre & Benson LLP, Min-nesota’s second largest lawfirm, is seeking applicants fora Loan Transaction Specialistto assist banking/commercialtransaction lawyers in connec-tion with commercial loan andleasing transactions. Respon-sibilities include: preparing anamending loan or leasing docu-ments; reviewing and analyz-ing UCC, tax lien and judg-ment searches; assisting law-yers in preparing for and con-ducting closings; and more.Candidates must have a 4-yearcollege degree with a strongacademic record; and strongskills in: computer softwareapplications; verbal and writ-ten communication; attentionto detail; and organizationalabilities. This position wouldbe an excellent experience foranyone considering a legal,banking or financial career.We offer a rewarding and pro-fessional working environ-ment, and a competitive salaryand benefits package. For ad-ditional information aboutFaegre & Benson, visit ourweb site at www.faegre.com.Please submit resume and sal-ary requirements to HumanResources:

FAEGRE & BENSON LLP2200 Wells Fargo Center90 South Seventh StreetMinneapolis, MN 55402

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Accounting

GENERALACCOUNTANT

Faegre & Benson LLP,Minnesota’s second largestlaw firm, is seeking applicantsfor a General Accountant. Thisperson reports to an Account-ing Manager and works withvarious general ledger ac-counting functions including:analyses of accounts; review-ing and maintaining capital-ized and leased fixed assetrecords; preparing ad hoc re-ports; completing special ac-counting projects and more.Candidates should have a 4-yr.accounting degree; at least 2yrs. general ledger experience;excellent communication andanalytical skills; strong spread-sheet experience; and ateam-oriented work style. Weoffer a competitive salary, out-standing benefits package, andexceptional opportunity forprofessional growth. For ad-ditional information about lawfirm, visit our web site atwww.faegre.com Please sendyour resume and salary his-tory to Human Resources:

FAEGRE & BENSON LLP2200 Norwest Center

90 South Seventh StreetMinneapolis, MN 55402

Fax: 612-336-3846E-Mail: HR@Faegre.com

Equal Opportunity Employer

Gray Plant Mooty, a 130+ at-torney firm located in down-town Minneapolis, is seekingthe following:

PARALEGAL -REAL ESTATE

Paralegal with 5+ years oftransactional commercial realestate experience. The candi-date must have knowledge ofprocedures for recording docu-ments, Torrens registrationproceedings, and possesstransaction experience. Mustbe client-oriented, demon-strate excellent organizationalskills, be detail oriented, andhave extensive writing andediting experience. Paralegalcertificate desired.

PARALEGAL -FRANCHISE

Paralegal with 5+ years of fran-chise experience. Duties in-clude assisting with the prepa-ration and filing of franchiseregistrations and related docu-ments, docketing of renewaldeadlines, file maintenance,updating and maintaining at-torney research/forms data-base and assisting with fran-chise exemption and advertis-ing filings. Paralegal Certifi-cate desired.

LEGAL SECRETARIESGray Plant Mooty, 130+ attor-ney downtown Minneapolislaw firm, is seeking experi-enced full and part time legalsecretaries for permanent andfloating positions. Our currentopenings include employmentlaw, transactional corporate,litigation, franchise and em-ployee benefits.

We offer a professionalwork environment, educa-tional opportunities, a cul-ture emphasizing work/lifebalance, competitive sala-ries & benefits (includingmedical, dental, profit shar-ing, and 401k). Send resumewith cover letter to HR,Gray Plant Mooty, 3400 CityCtr, 33 S. 6th St,, Mpls, MN55402; fax to 612-333-0066;or e-mail to AnneWeinauer@gpmlaw.com

Equal Opportunity andAffirmative Action

Employer

LEGALADMINISTRATIVE

ASSISTANTS

Corporate Finance& Floater Groups

Faegre & Benson LLP, a lead-ing Minnesota law firm, greatopportunities for Legal Ad-ministrative Assistants in bothour Corporate Finance andFloater groups. Ideal candi-dates will have at least 3 yearslegal secretarial experience oran executive administrativebackground; excellent organi-zational and communicationskills; proficient word process-ing skills; keyboarding at 60+wpm; along with a team- ori-ented, flexible work style.

These positions offer interest-ing and fast-paced opportuni-ties in a professional work en-vironment. Faegre & BensonLLP offers competitive wagesand an excellent benefits pack-age, including a discounted busprogram–Metropass. For ad-ditional information aboutFaegre & Benson, visit ourweb site at www.faegre.com.Please send resume and salaryhistory to Human Resources:

FAEGRE & BENSON LLP2200 Wells Fargo Center90 South Seventh StreetMinneapolis, MN 55402

Fax: 612-336-3846Internet: HR@Faegre.com

Equal Opportunity Employer

Legal Aid’s Housing Discrimi-nation Law Project seeksfull-time VISTA volunteer for1 yr position to work as part oflegal advocacy team to enforcefair housing rights of subsi-dized tenants. Tasks includetenant organizing, outreach &ed, fact development, investi-gation & litigation support.Attorneys and non-attorneyswelcome to apply. Exper withaffordable housing issues, ten-ant organizing, poverty law.or outreach & ed +. VISTAvol receives stipend for hlthins, living, travel & trainingexpenses, To apply, requestVISTA app & full job desc:Minnesota Housing Partner-ship, 1821 University Ave W,#S-137 St. Paul, MN 55104,www.mhponline.org or Mes-cal Urich, HDLP, 612/827-3774. Apps accepted until po-sition filled.

TEACHER8/26/01 start date

Small school-to-career alternative h.s. seeks teacher interested in working with diversepopulation and able to teach a variety of subjects. Prefer mature individual who works well ina fast-paced team atmosphere. Licensed individual preferred, but will consider equivalent. Mustbe able to handle multiple priorities, have an understanding of learning styles and individualizedlearning strategies. People of color encouraged to apply.

Apply in person: LNB, 1925 Nicollet Ave., MplsM-Th, 9-4 pm. Agency application req’d Deadline 7/15 or until filled.

EOE

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June 10, 2001 16

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FOR SALE1998 Dodge Ram S1500, likenew - UNDER 4,500 MILES!Fully loaded (air, cruise,power everything) plusWaldoch custom conversionincluding raised roof, TV-VCR,Crow River powerwheelchair lift, power driver’sseat with hand drivingcontrols. $32,000 OBO. 612-279-5806(day)/612-719-1329(eve)

For Sale—1993 “Vibo” Pon-toon Boat 24FT w/2/3 CanopyWheelchair Widened Doors-Small fold down ramp on frontentrance. Less than 130 Hoursuse on 40 Horse Force Motor.Elec. Start, Power Tiller, Fishdepth finder, Live-well Ask-ing $4900.00. Previousowner’s wheelchair users.Contact: J.Schatzlein 952-881-2129 or 651-215-2216.

Amigo electric wheelchair,dual wheels, charger, otheraccessories, $700.00, OBO,952-831-6973.

1995 Chevy 20 White con-version van, sport, short wheelbase. Full power. LOWMILES 25 M. Full Ricon List.Automatic. EZ locks, powerlock for wheelchair, Transferseat—6 way power. $14,000firm. (612)379-2629.

Two Shower Chairs. One istop of the line $3,000.00 Newin the box, taking best offer.Other is $150.00. Call Bran-don for more details at (763)427-0633 or (763) 458-7785.

MISCELLANEOUSSummer Work. $14.25Base—appt. No exp. Nec. PT/FT. Scholarships Avbl. Con-ditions exist. Customer Sales/service. No telemarketing, Nomulti-level. Apply Now. Call651-268-0562. www.workforstudents.com or www.earnparttime.com

Gary Reyzer’s Lawn Ser-vice. Fall and Spring cleanup.Mowing of yards through sum-mer. (763) 755-2613.

Jan Snook’s, Helpful HintsComputer Guidebook” issimple and understandable.Hard covered book coversWord, Excel, and tips for theInternet. Jsnook1234@aol.com (612)378-2610 $19.00Shipping. Also, other com-puter work requests per-formed. Free estimates.

“Words of Love” is a CD bySnoopi Botten, a musician withcerebral palsy who writes andperforms inspirational songsusing a synthetic speech sys-tem. To order, call (612) 872-7233 or visit Snoopi’s websiteat http://hometown.aol.com/d e c t a l k / m y h o m e p a g e /index.html.

FOR RENTRoom for rent West BankCondo: Private Bath $450.00/Month - Cable/Utilities In-cluded Earn $720.00/MonthDoing Personal Care ForOwner. 763-505-0089.

Holmes-Greenway HousingOne and two bedroom apart-ments designed for physicallyhandicapped persons. Conve-nient SE Minneapolis location.Call (612) 378-0331 for avail-ability information. EqualOpportunity Housing.

Seward Square Apartments:We are currently acceptingapplications for our waitinglist at Seward Square Apart-ments in Minneapolis. SewardSquare is barrier-free housingand is federally subsidized. Foran application, please call(612) 338-2680. Equal Oppor-tunity Housing.

Lewis Park Apartments:Barrier free housing withwheelchair user in mind. Sec-tion 8 subsidized. One- andtwo bedroom units. For moreinformation on availability call(651) 488-9923. St. Paul, MNEqual Opportunity Housing.

------------------------------------- IN MEMORY-------------------------------------Troy Fahlenkamp and Valerie Birosh by David Dreier Mabel Heuer by Dawn DoeringMiss Irene MacKaloney by Roger Hoffman Bill & Renee Smith by Becky J. Bugbee-TongBill Smith by Joe & Peg Figliuzzi Uncle Bill & Aunt Renee Smith by Mary & Henry PattridgeRuth Riggs by Corbin Kidder Bill & Renee Smith by Helen ThompsonBill Smith by Kathy & Paul West Linda Wolford in memory of Tony Lebahn