From the San Francisco Chronicle, AP/KPIX-TV San Francisco, Reuters:

The California Court of Appeal ruled yesterday that the Mervyns department store chain must find ways to make all merchandise accessible to consumers with disabilities.

The impact of the ruling on Mervyns is not clear because the the company filed for Chapter 11 bankruptcy protection Tuesday.

In a 2002 lawsuit, advocates had claimed that Mervyns denied access to people with mobility impairments by placing merchandise displays too close together. A lower court had found that making changes to existing stores would be too costly, and said modifications should be made only at the company’s new stores.

Mervyns maintained that the cost of changing store layouts could cause financial hardships and store closures.

• State office that serves people with disabilities has accessibility problems –  Austin [TX] American Statesman (accessibility)
• Group celebrates ADA anniversary with lawsuits — KXAN-TV, NBC affiliate in Austin, TX (ADA)
• Disabled vets’ courage on display at Wheelchair Games – Baltimore Sun (wheelchair)
• For-profit college settles with Justice Department over ADA compliance — Chronicle of Higher Education (ADA)
  
• Dyslexic student’s exams battle — BBC News (dyslexia)
  
• Group helps families cope with fetal alcohol syndrome — Tucson Citizen (fetal alcohol syndrome)
• Glasgow artist Peter Howson talks about why he is using his skills to draw attention to disability — [Edinburgh] Scotsman; Peter Howson: My murderous rage — [London] Times (Asperger’s)
• Conjoined twin separated from sister dies — AP/Boston Globe (disability news)
  
• U.S. facing possible hearing loss epidemic — Reuters (hearing loss)
  
• I couldn’t say the word ‘blind’ — [UK] Guardian (vision impairment)
• Universal design adds to housing value — Detroit News (accessibility)

Commemorating the 18th anniversary of the signing of the Americans with Disabilities Act, the campaigns of candidates John McCain and Barack Obama have released statements on disability issues.

McCain’s statement said he supports the House version of the ADA Amendments Act of 2008, and intends to support “a Senate version that adheres to the same principles.” McCain was a principal co-sponsor of the original ADA.

McCain stopped short of endorsing the Community Choice Act, saying:

“I will work to enact legislation that would build on the principles of the Money Follows the Person Initiative, while also keeping my commitment to a responsible budget. The offer of assistance in living with a disability should not come with the condition of perpetual confinement to an institutional setting. The great goal here should be to increase choices, to expand freedom, to open doors, and to allow citizens with disabilities to live where they want and to go where they wish.

Obama’s statement pledged support for the ADA Amendments Act and the Community Choice Act, as well as for full funding of the Individuals with Disabilities Education Act (IDEA). His comprehensive agenda on disability issues can be found here.

(Photos from campaign websites.)

Orange County Register columnist Gordon Dillow (left) says the Americans with Disabilities Act allows unscrupulous lawyers to shake down innocent business owners for cash. One business owner said the multiple lawsuits filed by some attorneys amount to “litigation blackmail.”

Now, I know that many disabled advocates argue that lawsuits are the only effective way to ensure ADA compliance. Maybe in some cases that’s true.

But in my opinion these mass-produced lawsuits against small business owners aren’t about ensuring access for disabled people. They’re about making money for lawyers and professional litigants.

And when a good law is widely abused for a bad purpose, maybe it’s not such a good law after all.

From the Associated Press:

Republican presidential candidate John McCain told disability advocates Saturday that he intends to support a proposal to strengthen protections for people with disabilities under the ADA.

“We must clarify the definition of a disability to assure full protection for those the law is intended to serve,” said McCain, speaking by satellite to a national disabilities forum in Columbus, Ohio, on the 18th anniversary of the signing of the ADA.

Since the passage of the landmark civil rights law, the Supreme Court has generally exempted from the law’s protection people with partial physical disabilities, as well as people with physical impairments that can be mitigated with medication or adaptive devices.

McCain said blame for the narrowed scope of the law shouldn’t be placed on the Supreme Court, but rather on Congress. “In all due respect, I would put the blame right back on us for not writing legislation that is strong enough and specific enough so that the Supreme Court wouldn’t even have to consider these cases,” McCain said.

(more…)

ADA celebrated at Florida Capitol (Fort Meyers, FL, News-Press)

From Talk Radio News Service (with audio):

In a webcast conference call hosted by the Democratic National Committee yesterday, disability advocates took Sen. John McCain to task for his opposition to the Community Choice Act. The act would allow people with disabilities to use their federal benefits to pay for services at home or in places of their choice.

Marca Bristo, former chair of the National Council on Disability, said McCain has opposed the legislation for years. “Sadly, he has refused to listen to us on one of the most critical issues to our community: the right to live with dignity in homes of our choosing rather than to be forced into nursing homes or other institutions.” Such living arrangements, she said, deprive people with disabilities of their liberty and dignity.

There is talk, she said, that McCain may now change his position. “We say: What took him so long?”

Bristo was joined by Bob Kafka, national organizer for ADAPT (American Disabled for Attendant Programs Today), a national advocacy group that employs civil disobedience to draw attention to its cause. Links here and here.

The call came on the eve of a non-partisan forum on disability issues for the presidential candidates, to be held this afternoon in Columbus, Ohio. McCain is expected to participate by satellite hookup. Sen. Tom Harkin (D-Iowa) is scheduled to represent Barack Obama, who is campaigning in Europe. Sen. Harkin was an architect of the Americans with Disabilities Act, which was signed into law 18 years ago today.

Information about listening to the forum via Internet is here.