I Vote because…

In conjunction with the Getting Out The Vote (GOTV) campaign, the Colorado Cross-Disability Coalition (CCDC) will be issuing a social media video challenge – “I’m disabled and this is why I vote…”

This is a call to arms for any and everyone in the disability community – regardless of disability type, or severity – to rise up and use your voice to demand action!

We need the disabled community to be registered to vote, to exercise their right to vote, and to hold their elected officials accountable to fulfilling their campaign promises – especially when it comes to protecting persons living with disabilities civil rights and healthcare, especially Medicaid.

Here’s how you can participate:

• Record a selfie-style video of yourself starting with the phrase, “I’m disabled and this is why I vote…”
  • If you are not a person living with a disability and would like to participate that is wonderful! Thank you! You can start by saying, “I am a person who is not disabled, but I vote for candidates who support the rights of people living with disabilities, and here’s why…”
• Post your video to your social media platforms (i.e.: Facebook, Twitter, Instagram, YouTube, Tumblr, etc.) using the following hashtags:
  • #Vote4Medicaid
  • #ColoradoDisabilityPowerVote
  • #ColoradoDisabiltyCommunity
  • #VoteLikeYourLifeDependsOnIt
  • #DisabilityRights
  • #DisabledVoicesInAction
  • #HearUs
  • #SeeUs
  • #ProtectUs
  • #VotingForOurLives
• Make sure that your post is public and sharable, and if possible please include closed captioning with your video(s).
• Tag CCDC in your post so that we can share it.
• Share the Colorado Voter Registration website link as often as possible – https://www.sos.state.co.us/voter/pages/pub/olvr/verifyNewVoter.xhtml
• If you see someone’s post using any of the hashtags mentioned above, especially, please like and share it to help expand the post’s reach and gain traction.

Media Release for Kolbe v. Endocrine Services, 17-cv-1871-RM-SKC

See Second Lawsuit Filed Against Facility Recently for Not Allowing Service Animals.

This Media Release was sent when the lawsuit was filed. Additional Media Coverage can be found in the cases file for Kolbe v. Endocrine Services, 17-cv-1871-RM-SKC.

History Colorado Guest Blog — 30th ADA Anniversary

To Live as Full and Equal Participants: Thirty Years of the Americans with Disabilities Act

Kevin W. Williams
Guest Blog Contributor, Civil Rights Legal Program Director, Colorado Cross-Disability Coalition

appeared July 20, 2020 History, Colorado

Returning to Work

An Employee’s Guide from CCDC

1. Questions to Ask
2. Talk to Your Employer
3. Reasonable Accommodations
4. Other Options
5. Reporting an Unsafe Work Environment
6. Discrimination
7. Resources

CCDC has received questions about returning to work as it relates to people with disabilities.   Our state has a return to work guidance that is relevant to unemployment.   The EEOC has also issued guidance about returning to work.  It is in Section G: Return to Work.

People with disabilities and those we live with have vastly different experiences and needs.  Therefore, this is not intended to be directive or legal guidance.  This document should help people think about what questions they need to ask of themselves and their employers.   

Questions to Ask

• Do you have a disability?  
  • The ADA defines disability as a substantial impairment in a major life activity.  
  • People who are considered disabled or have a record or history of disability are also covered under anti-discrimination laws. 
• If yes, does your particular disability make you vulnerable or at risk if you get COVID-19?  
  • Possible disabilities that put you at increased risk include respiratory disabilities, heart conditions, neurological impairments, and chronic illnesses.   
• Do you live with someone with a disability? 
  • If yes, does that disability make the person vulnerable or at risk if they get COVID-19?
• Are you over 60?
• Do you live with someone over 60?

Answering “Yes” to any of these questions means you have additional things to think about with regard to returning to work.   

Talk to Your Employer

OSHA Guidance for Employers

Questions to ask yourself and your employer:

• Can my job be done remotely?   
  • If you have a disability, you could request this as a reasonable accommodation.   
  • If you do not have a disability yourself, there is no requirement to allow work from home, but governments, including the state of Colorado, are strongly encouraging this practice. 
• Is my employer following COVID guidance issued by OSHA?  
  • Check on your employer’s return to work policies and workplace safety policies.  
• Do I need to interact with the public as part of my job?  
  • If yes, is my employer mandating mask use?  
• Do I have a safe way to report violations of company policy (such as people not wearing masks)?

Reasonable Accommodations

If you ask for a reasonable accommodation, remember:

• You need to ask –your employer cannot read minds.  
  • Make your request in writing and explain the connection between your disability and the requested change.  
  • For example, I have a neurological disability and weakened lung capacity and request to work at home. Working from home reduces my exposure to other people and reduces my risk of contracting COVID-19.
• Your employer may have a specific form they want you to use.  
  • Use their way unless you have a disability-related reason not to.  
  • There is no sense in arguing about that issue.
• Your employer will engage in an interactive process.  
  • It may be give-and-take on both sides.   
  • Be solution-focused.
• You still need to be able to do the essential functions of your job.  
  • For example: If you are a customer service representative and the system can’t forward calls to your home phone, then an essential function of your job requires you to be in the office.

Other Options

If there is no way to accommodate you in your position consider:

• Asking if there are other positions for which you qualify.
  • If so, ask for a transfer when there is an opening.
• Ask how much stored up sick or vacation time you have. 
  • Likely it will not be enough to get through the remainder of the pandemic, but you can use it while you figure out your other options.
• You MAY be eligible for unemployment. 
  • To maintain your eligibility for benefits, you must complete regular work search activities that help you return to work.  

Reporting an Unsafe Work Environment

• If you fear your workplace is not safe and your management has not addressed concerns, you can look into the recently signed  Whistleblower Protection Public Health Emergencies Act. 
  • This new law offers significant protections for workers (employees and independent contractors) from discrimination or retaliation by their employers. 
  • Workers are protected from discrimination or retaliation for raising concerns about workplace safety or health during a public health emergency.
  • Workers are also protected when wearing their PPE at work. 
  • The full text of the law and more information is here: https://leg.colorado.gov/bills/HB20-1415.

Discrimination

If you feel you have faced discrimination, see what your employer’s internal grievance process is.  If you are a member of a union, they should be able to help you.  Otherwise, if you want to file a discrimination complaint you must submit an administrative complaint with a government agency.  

You can go to the EEOC or the state Civil Rights Division if you believe you have faced disability discrimination.

Resources

EEOC Pandemic Guidance

Sate of Colorado Guidance

Guidance for Employers and General Public

Curb Cuts and Captions

Written by Nina Endler of Boulder, CO
July, 2020

Earlier this year, something happened in my neighborhood of 1960s ranches, split levels, and tri-levels that I wished had been there while my children were growing up. (For the record, they’re 19 and 22.)

In the first part of a year that marks 30 years since this happened -my neighborhood, in which the trees now tower over the houses at long last received these: curb cuts!

How nice it would have been to have these while I was pushing a baby jogger, while my daughters were learning to ride bikes, while…

But wait, that’s not their intended purpose – that’s not their raison d’etre.

They are, however probably the best example of universal design, of something that was done so more of us could participate and which those of us who were already participating also benefit from. With them, my neighbors who are now pushing baby joggers no longer need to carefully navigate going down and then up each curb. Children who are now learning to ride bikes no longer need to stop, get off their bike, and then get back on. Walking and wheeling through the neighborhood is now more seamless. Something for which the wheels (pun intended) were set in motion 30 years ago is benefiting significantly more people than was initially intended.

Recently, the state chapter of the union I belong to held a webinar and after it was over, emailed the link to its membership. I received this email on my phone, clicked on the link, and, as I do when captions don’t automatically come up, searched for a way to turn them on. As the displays are different on different devices, and willing to give the state chapter of my union the benefit of the doubt, I figured that the captions didn’t display on smaller devices such as phones. Since I wasn’t near my larger devices at the time, and as I had also seen a social media post about the webinar, I inquired on the post about the availability of captions. The state contact apologized “that wasn’t accommodated on this webinar. I realize that is not ok and we will correct for future webinars.”

It has now been 30 years since the first President Bush signed the ADA. Let’s stop thinking of captions as an accommodation. Let’s stop thinking of things like curb cuts and captions as accommodations and start thinking of them as universal design. Let’s eliminate the perception of curb cuts and captions as being “for those who need them.” Just as people who are currently pushing baby joggers and children who are currently learning to ride a bike in my neighborhood are benefiting from the new curb cuts, here’s a starter list of how people with typical hearing benefit from captions.

• You’re insomniac and you want to watch a video you’ve been meaning to watch while remaining in bed. The person next to you, who has typical hearing is sleeping.
• You’re in a noisy area and you can’t find your earbuds.
• You went to work outside of a coffee shop and left your AirPods at home.
• You’re parallel-working with a family member at the table and you want to be able to listen for an anticipated delivery so you don’t put anything in your ears.
• You don’t have either AirPods or earbuds and the noise of your device interferes with the concentration of the other person in the room who’s reading a book.

Because captions are still thought of as an accommodation rather than as universal design, OTTO Health didn’t include captions in their telehealth platform. Because captions are still thought of as an accommodation rather than as universal design, Zoom does not offer live captions that anyone can turn on with the click of a button. Because captions are still thought of as an accommodation rather than as universal design, I can’t follow a YouTube video that doesn’t have the CC icon in the lower right corner.

Let’s stop thinking of things like curb cuts and captions as accommodations and start thinking of them as what they really are – a universal design that everyone benefits from. With universal design, webinars wouldn’t be filmed, online platforms wouldn’t be made and YouTube videos wouldn’t be posted without captions. And someone with typical hearing can watch the recording of a webinar in bed while they’re insomniac and not wake up the person sleeping next to them.

CCDC will never forget Representative John Lewis, Our mentor and teacher — WE LOST A GREAT ONE!

Tribute was written by Kevin W. Williams, Legal Program Director,
Colorado Cross-Disability Coalition Civil Rights Legal Program

“We are one people with one family. We’ll live in the same house . . . and through books, through information, we must find a way to say to people that we must lay down the burden of hate. For hate is too heavy a burden to bear.”* – Rep. John Lewis (All quotations throughout this CCDC Memorial blog are the words of John Lewis himself unless otherwise noted).

This tribute allows John Lewis to speak for himself in the humble yet powerful way only he could.

The disability rights movement owes an enormous debt of gratitude to John Lewis, who died on July 17, 2020. His was indeed a life well-lived. He was our teacher and demonstrated why, in so many ways, “Black Lives Matter!” Congressional representatives on both sides of the aisle referred to him as the “Conscience of the Congress,” and Congress will never be the same without him. His life, his perspective, his commitment stayed with him until the day he died. We need and miss him, especially now, and always will.

In 1961, John Lewis became one of the original 13 Freedom Riders; the group made up of seven black and six white Americans. They were determined to ride from Washington, D.C. to New Orleans in an integrated fashion. Much of this work was attributed to his involvement with the Fellowship of Reconciliation and the Congress of Racial Equality. He and the other Freedom Riders were severely beaten and jailed as they entered the southern states.

“We were determined not to let any act of violence keep us from our goal. We knew our lives could be threatened, but we had made up our minds not to turn back.”*

The disability community took all of its cues from John Lewis when shutting down the Regional Transportation District (RTD) in Denver, Colorado. The Gang of 19 threw themselves out of their wheelchairs and blocked buses overnight on the busiest street in Denver – Colfax Avenue between Broadway and Lincoln. The Gang of 19 was responsible for forcing RTD to be the first transportation system in the country to install wheelchair lifts on its buses. All of the tactics for making this happen can be attributed to the work of John Lewis.

Denied the right to vote, he and the other marchers refused to give up! Even as he led the march (literally — he was at the front of the line) across the bridge, at which point the Alabama State Patrol took a billy club to his head before arresting him. John Lewis, following in the steps of Dr. Martin Luther King, understood and believed in the theory of nonviolent protest. He and those with him demonstrated to this country and the world that those who are willing to risk everything (their bodies, arrest, and even death) without using violence have great power to show the oppressor. Despite repeated attempts to stop the protesters from attaining the same rights enjoyed by all others, they just kept coming back. The message was and, as we have seen with the latest “Black Lives Matter” marches and protests, is powerful. For a while, the nonviolent protest strategies used by John Lewis changed the hearts and minds of many – but not all. And he lived just long enough to see how his efforts and those he orchestrated can still be taken away. Meaning the fight goes on, and we must be prepared to continue. 

Indeed, the disability rights movement would not have existed without an understanding of how John Lewis and those of like mind showed this country what injustice looks like and why it can not be tolerated.

“You must be bold, brave, and courageous and find a way… to get in the way.”*

“I want to see young people in America feel the spirit of the 1960s and find a way to get in the way. To find a way to get in trouble. Good trouble, necessary trouble.”*

CCDC also sees the involvement of young people with disabilities as a top priority as we navigate through very uncertain times – viewing the progress we have made and seeing what is left for us to do or do over again.

“I say to people today, you must be prepared if you believe in something. If you believe in something, you have to go for it. As individuals, we may not live to see the end.”*

“Never give up. Never give in. Never become hostile . . . HATE is too big a burden to bear.”*

Lewis earned a bachelor’s degree in religion and philosophy from Fisk University after graduating from The American Baptist Theological Seminary in Nashville, Tennessee. As a student and member of the Nashville Student Movement, he was responsible for organizing sit-ins at segregated lunch counters.

“When you see something that is not right, not fear, not just, you have to speak up. You have to say something; you have to do something.”*

In 1961, Lewis, as one of the Freedom Riders, was beaten by angry mobs, arrested, and at times, taken to jail.

“We were determined not to let any act of violence keep us from our goal. We knew our lives could be threatened, but we had made up our minds not to turn back,” Lewis said towards the end of his life regarding his perseverance following the acts of violence.*

In 1963, he became the chairman of the Student Nonviolent Coordinating Committee (SNCC), the youngest chairman ever to have led the organization that focused solely upon enforcing the civil rights of Black Americans through the use of nonviolent protest. Before that, he was an active participant in the Nashville Student Movement, whose first mission was to desegregate lunch counters, which were ultimately successful.

“Some of us give a little blood for the right to participate in the democratic process.”*

Many reports state that before becoming a United States Representative, John Lewis was arrested and beaten 40 times during non-violent protests and five times after his election. Despite all of the mistreatment, terrible beatings, arrests for engaging in activity already protected by the 13th, 14th, and 15th amendments to the United States Constitution (like voting), Lewis had this to say:

“If you’re not hopeful and optimistic, then you give up. You have to take the long hard look and just believe that if you’re consistent, you will succeed.”*

John Lewis was also the youngest speaker during the March on Washington in 1963. He was asked to tone down his speech for being “too radical.”

Many of the strategies and decision-making that went into the protests organized in large part by John Lewis and SNCC were then used by those in the disability rights movement that created organizations like ADAPT and CCDC. The sit-in protests were continued by John Lewis even when he was a member of the House of Representatives. This purpose and meaning behind this particular method of protesting certainly have not been lost on the disability civil rights community.

John Lewis did go on to become the United States Congressional Representative from the Fifth District of the state of Georgia from January 3, 1987, until his death on July 17, 2020. His legislative accomplishments are too many to list, as well as his achievements before becoming a member of Congress.

“If someone had told me in 1963 that one day I would be in Congress, I would’ve said, ‘you’re crazy. You don’t know what you’re talking about.’”*

Not only did John Lewis become a Congressman for the Fifth District of Georgia, but he also served 16 terms in that position. He eventually became the Chair of the Subcommittee on Oversight for the House of Representatives Committee and Ways in Means, the leader of the Congressional Black Caucus, and the senior chief deputy whip in the Democratic caucus.

In these roles, Representative Lewis accomplished a great deal for not only the Black Community but for all people — the human community.

The disability community and everyone who works for the social justice of all people and recognize as John Lewis did —

“[We] really believe that all of us, as Americans . . . we all need to be treated like fellow human beings.”*

Unfortunately, the “Conscience of the Congress” is now gone. Fortunately, he survived his pancreatic cancer just long enough to see the creation of the “Black Lives Matter Plaza” and watch those who have been protesting racial injustice and police brutality against Black Americans throughout the country grow to a massive scale.

A champion of justice, a believer in peaceful and nonviolent resistance, a fellow human being standing against the oppression of anyone, and one of the few genuinely decent human beings, John Lewis will be missed. Nevertheless, the young activist individuals who joined the House of Representatives in 2018 are there in no small part due to the legacy of John Lewis.  At this critical time in American history, we must all follow Lewis’s words of wisdom and continue our commitment to social justice for all people, including people with disabilities. Rest assured, CCDC will carry on fighting – just as the “Conscience of the Congress” did and expected others to do as well.

Free COVID-19 Testing Available

November 9th, 2020

• The Colorado Department of Health Care Policy and Financing (CHCPF) and the Colorado Department of Public Health and Environment (CDPHE) consider those providing Home and Community-Based Services as critical in helping to mitigate the spread of the disease among these vulnerable populations.
• For this reason, the Office of Community Living,  Department of Health Care Policy and Financing highly recommend that employees who provide direct care to older adults or individuals with disabilities be tested on a routine basis.
• Asymptomatic individuals should be tested weekly, on the same day each week.

Weekly testing is available at the following locations.

• No referral or insurance is required.
• Individuals do not need to identify as home and community-based services workers
• You do need to register in advance at https://www.primarybio.com/l/cdphe for testing at locations marked with a *

Aurora

• *Instructional Support Facility (ISF) 5416 South Riviera Way, Aurora, CO 80015
• *APS Professional Learning Conference Center 5771 E 1st Ave, Aurora, CO 80011
• Aurora Center for Active Adults parking lot, 30 Del Mar Circle, Aurora

Centennial

• Centennial Center Park 13050 E. Peakview Ave. (East of Arapahoe Rd & Peoria)

Colorado Springs

• Citadel Mall in the parking lot just south of JCPenney 750 Citadel Dr. E, Colorado Springs

Denver

• *All-City Stadium 1495 South Race Street, Denver, CO
• *North High School 3125 Eliot Street, Denver, CO 80211

Federal Heights

• Water World 8801 N. Pecos St., Federal Heights at the Water World parking lot adjacent to W. 90th Ave.

Grand Junction

• *Colorado Mesa University (Drive-Through Testing) 1280 Cannell Ave, Grand Junction, Colorado 81501

Greenwood Village

• *Cherry Creek High School 4700 South Yosemite Street, Greenwood Village, CO

Longmont

• *St. Vrain Valley Schools Innovation Center 33 Quail Road, Longmont, CO 80504

Westminster

• *Mountain Range High School 12500 Huron Street, Westminster, CO 80234

Virtual Lobby Day Is Next Week! Call to Action

National Low-Income Housing Coalition                                       View this email in your browser

The U.S. Senate will move on a COVID-19 spending package before the end of July. The window is closing for needed advocacy. The time to act is now!

NLIHC and our partners throughout the country have been hard at work urging Congress to adopt our key priorities in the next COVID legislative package, including $100 billion in emergency rental assistance, a national eviction moratorium, and $11.5 billion in Emergency Solutions Grant funding for homeless service providers. Now is the time for advocates to take action to demand #RentReliefNow!

Participate in a Virtual Lobby Day on July 21!

When the Senate returns to work on July 20, they will begin discussions and negotiations on a spending package to address the ongoing COVID-19 pandemic and recession. Any final bill must include the housing provisions of HEROES Act that has passed in the House of Representatives. In this crucial moment, join NLIHC and numerous national partners by setting up virtual lobby visits throughout the day on Tuesday, July 21.

NLIHC’s toolkit makes your participation easy. The toolkit includes talking points, statistics, a template email to request a meeting, a list of top policy asks, and sample tweets. NLIHC staff are also available to help set up and attend your virtual meetings if such assistance is needed. Please reach out to your housing advocacy organizers for more information; we look forward to assisting you in your advocacy!

If you have meetings already setup for Virtual Lobby Day, let us know by emailing any of the organizers on NLIHC’s field team or by filling out this quick form to submit your meeting. When your lobby meetings are done, please also complete this Lobby Visit Report Back Form. Even if you have done a meeting in the past couple of days or will do one or more on other days next week, we’ll still count that for our total. And be sure to tweet about your meetings by tagging your member of Congress and using the hashtag #RentReliefNow!
Thank you for your advocacy!

National Low Income Housing CoalitionThe National Low Income Housing Coalition is dedicated solely to achieving socially just public policy that ensures people with the lowest incomes in the United States have affordable and decent homes.

Contact Us:
National Low Income Housing Coalition
1000 Vermont Avenue, NW, Suite 500, Washington DC 20005
202-662-1530 x247

www.nlihc.org

The Denver Commission for People with Disabilities is seeking applicants!

The mission of Denver’s Commission for People with Disabilities is to promote equity for people with disabilities through empowerment, advocacy, and education by working with community members, and City and County of Denver officials and employees who have the ability to affect change.

The Commission is seeking candidates with experience in one or all of the following fields:

• Writing
• Decision making
• Project Management
• Marketing/Social Media
• Team management

Individuals with disabilities as well as community representatives with expertise, understanding, and experience in these specific areas are encouraged to apply. Applications are also accepted from individuals who are not living with a disability but have a strong interest in serving the disability community.

The Commission meets the first Tuesday of the month from 5:30 p.m. – 7:00 p.m. at the Denver Museum of Nature and Science (2001 Colorado Blvd, Denver, CO 80205) in Studio 106. Due to COVID-19 closures and social distancing measures, meetings will be open to the public via video conferencing technology. Please check our Facebook page for upcoming meeting announcements and access information.

Interested applicants are strongly encouraged to attend the upcoming commission meetings. Interested applicants should apply here and attach a copy of their resume.

The deadline for applications is Monday, August 3, 2020.

Unmasking the Mask “Debate”—a Message from Your Friendly Neighborhood Quadriplegic Civil Rights Legal Program Director

Photo of Kevin Williams, CCDC Civil Rights Legal Program Director, wearing a suit and seated in front of poster of Justice Thurgood Marshall with caption, “In recognizing the humanity of our fellow human beings, we pay ourselves the highest tribute.”

I have tried to follow what I can regarding everything that has been posted on the mask “debate” subject, but it is time-consuming to follow, and I already have two full-time jobs: (1) I am a civil rights lawyer for people with disabilities;  and (2) I am a quadriplegic which, as many people with disabilities know, comes with it a remarkable number of duties that easily occupy forty hours of my week (managing attendant care, fighting with benefits agencies over “work incentive” programs, managing attendant care payroll duties, addressing durable medical equipment issues and repairs, addressing accessibility issues and failures, dealing with multiple medical appointments with types of medical personnel about whose professions I wasn’t aware before my spinal cord injury, etc.– the usual stuff people with disabilities deal with).

As a quadriplegic for 34 years, paralyzed from the chest down and with limited arm and hand function, pre-pandemic, I had some complicated daily issues. The basic stuff, like getting dressed and getting out of bed. But, because of my quadriplegic hands which I like to call “paws,” I have great difficulty getting my Bluetooth (the only one I found that I can even work) and my glasses on and off independently without dropping them, breaking them or without making my glasses so filthy in the process of taking them on and off independently, I can’t use them. Now, given what I believe is a critical need (and now a duty imposed by Executive Order of the state of Colorado), I cannot get a mask on that loops around my ears on and off effectively. I can’t seem to find any other types of useful facial coverings that work either. I have tried many.

Combine this with the fact that I am an attorney who specializes in disability rights enforcement, and I have to say this whole subject has been very interesting and has become somewhat nauseating. Why? I’ll tell you.

There certainly are a multitude of different forms of masks with varying degrees and levels of protective capabilities and efficiencies. I think we at CCDC have seen and heard and read the gamut of reasons why people claim they cannot wear masks, and some of them even seem reasonable. Recently, for example, CCDC received an email message from a person who said he was an attorney who told us that because he had COPD, he was very upset by the CCDC mask policy which is posted on our website. He stated in his email that he certainly would never recommend anybody use our services because of what he alleged was a discriminatory policy. CCDC designed the policy to address the extraordinary and important healthcare crisis that affects many of our own staff and many people in the general public. As you might be aware, there is a pandemic that is killing people. People with disabilities are often the first to go. Also, has anyone heard the word “comorbidity?” It is a term that is all the rage in newspapers and scientific journals. It is also something that describes the disabilities of many people, including maybe even me.

And, in the case of the “lawyer” who sent the email saying he won’t refer anyone to us because of our “discriminatory” policy, here is what I would have to say about that if a client contacted CCDC regarding such an issue:

First, in order to prove discrimination on the basis of disability, we would have to prove (1) the alleged impairment an individual has (difficulty in breathing, for example) “substantially limits” a major life activity (breathing certainly counts as a major life activity, but how substantially limited is the individual’s ability to breathe as it relates to the COPD and what medical records and doctors we are going to need to be able to prove that to a judge or jury are all questions we must consider. (2) wearing a facial covering (as we are now required to do under Colorado law) somehow prohibits the individual from engaging in the major life activity of breathing (it is pretty unlikely that a mild impact upon the ability to breathe would create a case that would survive dismissal of a lawsuit); (3) is there any other accommodation for that impairment that might allow compliance with the state law mandate and avoid concern regarding the direct threat to the health and safety of others that might alleviate the problem (like a different type of facial covering designed in a way that helps the individual with the impairment and still protects others from getting a potentially life-threatening virus which is the goal here)?

Now, if I can assist someone and jump through all of those hoops, I still have to prove that allowing the individual to avoid wearing the facial covering does not pose a “direct threat” to the health and safety of the individual or others. That is going to require a lot of medical records, medical individuals and their sworn statements and testimony. It is also going to cost a lot of money and take a lot of time. CDDC’s Legal Program might consider taking this on, but what if we can’t prove everything I have listed? A case is not won by someone saying, “I have a disability, and your rule requiring me to wear a facial covering makes things difficult for me.” We need evidence. We need data. We need testimony that is credible. We need proof. AND we need to show the defense of public safety is not real. I would suggest that the evidence of how not wearing a facial covering and spreading germs has a substantial basis in scientific evidence to be able to combat a theory that absolutely no facial covering whatsoever would eliminate the direct threat. I can’t say I know the answer to this question in every case because other than email rants and social media rants and people who make unfounded claims without such evidence is all we have seen so far. If I had all of the evidence before me, I might be able to agree that an individual has a valid claim. Just saying you have a disability and saying that some activity required by law substantially limits you in engaging in one or more major life activities as defined by law is not sufficient to hold up in court, my friends.

Now let’s talk about me some more. I have a limited respiratory capacity (34 years of chest muscles that don’t work as well as having to have been on a ventilator once before after dying from sepsis and having to be resuscitated). I also have a highly compromised immune system as a result of repeated infections throughout my life. These are just a couple of potential comorbidity factors I deal with. Can you tell I really like that word?

Even before the recent Order, CCDC had a mask policy. As did the City and County of Denver. Many people at CCDC gave the mask policy a great amount of consideration. CCDC took into consideration an enormous number of viewpoints. As stated in the policy itself, CCDC always remains willing to update or make “reasonable modifications” to the mask policy and any other policy as needed to address changes in any factors like the availability of the types of masks out there as well as the extremely important need to keep our staff, members, clients and the general public safe. We certainly would not want to create a “direct threat” to the health and safety of our staff and others. Especially the community of people with disabilities we serve and those who run CCDC.

All of this work to create a policy has been done only to result in having extremely nasty insults hurled our way as a result. Luckily, “screaming” arguments usually in ALL CAPS through social media or some other quick and easy method that does not involve actual face-to-face communication with human beings (pardon the choice of words given the subject matter) which are rampant regarding the subject of wearing masks do not force CCDC to take a case or provide assistance without implementing a policy for the intended purpose of saving the lives of those we serve. I can’t help you with your legal claim if either of us dies from COVID-19.

Back to me again. What I have found that works best for me is the basic disposable mask that I wear all day long as a beard cover or chin cover most of the time. I have the good fortune of being able to work at home most of the time to avoid exposing you to the virus (or vice-versa), but there are all sorts of reasons why we all must go out for various reasons, sometimes unexpectedly. Therefore, I have to leave my mask on all the time. I call it my “beard cover” when it hangs below my mouth and nose so I can eat and drink. It is the only method I have found so far that works. I can use my quadriplegic paws to pull the mask up over my nose when I do have to go out. It is quite a look. Yes, it is uncomfortable. Yes, the loops hurt my ears, especially since I have only found one Bluetooth that works effectively for me without having to have somebody with me 24 hours a day and because I have to wear glasses as mentioned above which, along with the mask, rest on my ear all day. Contact lenses don’t work for quadriplegics. But, let us all remember, I am trying to save you from the germs I might have and not know about because this pandemic like other versions of COVID is tricky and doesn’t let you know you’re sick until you have already spread the germs.

Now, you might want to ignore the science that would prove the defendant’s case of “direct threat” if I had to sue on your behalf.  But I can’t bring a case for you unless I have a good faith belief in the claims I must prove and the defenses I must defeat. You are welcome to represent yourself pro se (meaning on behalf of yourself without a lawyer), and I wish you luck, but you still have to convince a court and/or jury of the types of facts I have discussed.

I want to make sure that CCDC would never discount anyone with an actual disability who is willing to engage in the “interactive process” with us regarding how to interact and not create a direct threat to themselves, our staff and others in the many activities CCDC might be involved with. This process is also required under the law for those seeking reasonable accommodations to laws, policies, practices and procedures. CCDC will always make reasonable adjustments and accommodations as needed to accommodate anyone’s disability. Remember, however, when you engage in the “interactive process,” you need to disclose what your disability is, how it substantially limits a major life activity, etc. You need to explain why you need an accommodation such as not wearing a mask. You can send more email messages in ALL CAPS to me if you disagree, but that’s the truth of the matter. Facts are stubborn things. Law is even more obstinate when you have to apply those stubborn facts if what one alleges is even a provable fact. You see, we lawyers have to prove facts. We don’t get to just say stuff to a jury or a judge in ALL CAPS! (Including underlining, bolding, italicizing and fancy fonts won’t sway your judge either, I promise.) We don’t win by doing so.

One of the “disabilities” people have claimed any mandatory mask policy violates includes, “I have to see your face because I read lips.” I do realize the type of mask I wear covers my mouth.

To begin with, CCDC’s policies allow multiple forms of communication that do not require face-to-face contact especially when initial meetings are involved.

In addition, we have had so many expert witnesses in so many cases involving deaf clients who have provided expert reports and/or testimony regarding the generally high level of the ineffectiveness of lip-reading.

Nevertheless, I do understand that the need to see facial expressions is helpful to some people with some communication disabilities. Of course, this assumes we can prove all the factors I listed above.

People have suggested wearing a “face shield.” Because I spent a great deal of time researching what kind of face-covering would work best for me to prevent you from getting my germs, I found out the problem with a face shield is twofold for me: (1) a face shield is really only effective when worn with a mask as well; and (2) I can’t find one that doesn’t just fall off of my head on a regular basis. The same is true of the chin cover I discussed earlier. For example, I was driving to a medical appointment and had my mask simply fall off my face into my lap as I was driving. (By the way, with adaptive equipment, for those of you who don’t know, quadriplegics can drive. For that matter, for those of you don’t know, quadriplegics can also be lawyers.) When I arrived at the medical appointment, an appointment at which I needed to be in close contact with medical personnel, I just used my quadriplegic paw to hold the mask up to my face and requested that the medical personnel help put the ear loops back around my ears. That is what I call a reasonable accommodation based on my disability under the circumstances. I assure you that the medical staff person was wearing a mask and other personal protective equipment at the time. I would not have allowed this to happen if that was not the case for the protection of both of us.

Consequences related to spreading the virus: Having been on a ventilator before, I do not want to subject anyone else to that experience if I can help it. And, as a matter of personal choice, I do not want to have to go that process again. That certainly does not mean that I will not continue representing, as I have, my friends, colleagues and clients who use various breathing devices in order to survive each day. (Many of them also have figured out ways to use facial coverings. ) It is amazing what a person with a disability can do when that person thinks through a problem that when solved might save someone’s life when that person takes a moment to think it through. Of course, that takes a little research and more time then screaming in ALL CAPS. That is what I find so personally annoying about people who say I have [fill in the blank] disability, and, therefore, I CAN’T wear a facial covering.  People with genuine disabilities are the most resourceful people I have ever met. We find ways to get things done that non-disabled people simply take for granted. Like…how to drive when you can’t use your lower extremities and have substantial limitations in your upper extremities. It is a facial covering, people! Figure it out! There are very few situations, if any, I have come across that lead me to believe that there is absolutely no face covering or some other reasonable accommodation that absolutely won’t work for almost all people — those with disabilities and those without — in almost any circumstance. When the goal is saving lives, putting up with some inconvenience and creative thinking is the better approach, in my view.

I believe CCDC has gone out of its way in establishing a policy that allows reasonable accommodation for anyone alleging they can’t wear a facial covering for any number of reasons. Again, we are always amenable to tweaking the policy, but the truth of the matter is, for most of our activities, there are many other ways to communicate without subjecting our staff (or anyone with whom CCDC members interact) to individuals who do not wear masks or vice versa. The same is true for all human beings in all circumstances. Work with your local independent living center or department of vocational rehabilitation. Be creative. Be considerate of others.

And please stop LYING!

All I can say is I strongly agree with a comment made by a fellow disability rights lawyer on a listserv: “The continued co-opting of disability laws for entitled political nonsense is frustrating, to say the least, and detracts from those who really do have difficulties and need accommodation.” Michelle Uzeta, thank you!

As an individual who has lived with quadriplegia for 34 of 53 years of my life, I have absolutely had it with fakers. You know who you are. You make the law that was so extremely hard-fought-for and has changed the lives of many of us with disabilities a joke. We are sick of you.

In general, if you inquired of any non-disabled individual what the worst thing is that could ever happen to that individual or a member of that individual’s family, the ready response would be “to become disabled,” as in paralyzed, blind, deaf, etc., and then have so many of these same individuals take advantage of disability-related accommodations that are truly needed turns my stomach.

By the way, when I say those rights were “hard-fought for,” I ask anyone who has never used a wheelchair because of the disability if they would be willing to become disabled and require the use of a wheelchair and then to hurl themselves out of that wheelchair in front of buses in the busiest intersection of Denver, Colorado to protest the inaccessibility of “public” transportation?

Or, how about the numerous individuals with disabilities who literally crawled up the steps of our United States Capitol during the “Capitol Crawl” to protest the inaccessibility of government buildings. These are the activities that helped get the ADA passed.

This is why so much fakery leads me to have an extraordinarily increased lack of faith in the ability of human beings to show any empathy. Most non-disabled people will readily say they would rather be dead than disabled. (I might have even said that or thought that way when I had the accident that caused my injury when I was 19. Now, I actually think incurring a disability was the best thing that ever happened to me, but that would be another very long post.)

Beyond that, historically, individuals with disabilities are always the “first to go” (I mean — to be exterminated) when supremacists of any kind try to eliminate anyone they feel does not meet their standards for supremacy as occurred during the Holocaust. Again, you can fact check me if you like before sending your email.

This, along with the current debate regarding racial inequity all serves to provide further evidence of what seems to me like an incredible moral decline in humanity. During my 34 years as a quadriplegic and my 23 years of law practice in the area of disability rights, here are just some of the highlights of what we continue to see happening here in Denver, Colorado (once awarded for being the most accessible city in the country for people with disabilities):

(1) Individuals with strollers who demanded and continued to demand that our regional transportation system allow them to use the designated wheelchair seating sections on buses as well as light rail trains sometimes falsely claiming that the individual or the child in the stroller has a disability that requires the use of the limited wheelchair seating sections.

(2) Individuals who are willing to click the magic box on ticketing websites that states that you or someone in your party requires the use of a mobility device in order for the non-disabled individuals to get front row seats at Colorado’s beloved Red Rocks Amphitheatre (at which the only available wheelchair seating and this historic concert venue is located at the front or back of the venue and could not be placed elsewhere without great difficulty). These fakers even go as far as to use the tickets themselves and dance wildly next to those of us who use wheelchairs and need to sit there, or resell them on some other website at highly inflated prices close to the time of the show saying things like “great front row seating tickets except you might have to sit with a bunch of people who use wheelchairs (read as “cripples”).” Or they simply buy up the entire front row wheelchair seating section preventing those of us who want to attend the concert from being able to do so.

(3) Individuals who borrow a relative’s vehicle with a license plate demarcating the vehicle as one that may park in an accessible parking space or simply borrowing or stealing placards demarcating the same in order to get closer parking spaces especially at times like holiday shopping seasons when the individual has no disability whatsoever that would require the use of such a license plate or placard uses it for the purpose of being able to park closer.

(4) People who fake the need for a service animal or emotional support animal which has become rampant and caused everyone to go online and get a “vest” or fake letter from an alleged medical professional saying they have a need for the animal when there are so many individuals who have a legitimate need and the training service animals are so important to the lives of so many of the people CCDC serves. (I think many of us will have a hard time forgetting the story of the “emotional support peacock.”)

And now, [drumroll, please!] coming to you from some of the greatest fakers in the world for no other reason than politics and the inability to give a moment’s thought to how to save another person’s life or keep the individual from going through extensive, complicated medical treatment that may have extraordinary lasting consequences:

(5) People who won’t wear masks or just don’t like wearing masks who pretend that they are protected by civil rights laws and privacy laws regarding disability screaming (incorrectly) “and you are not allowed to ask me what my disability is” when there is no real disability-related reason to do so. Or those who just refuse to think of the potential consequences:  I recently heard someone who is the 80-year-old relative of a friend say, “Everyone will think I’m a Democrat if I wear a mask.” Therefore, she refuses to wear a mask.

I certainly am not suggesting that there are not circumstances listed above involving an actual individual with a disability with a legitimate need, but we all know people are taking advantage. When people take advantage, it just inspires others to do the same or to believe that the accommodations that people with disabilities need are not real or are not needed. It also is a constant reminder of how despised people with disabilities are. So much so that there is an increasing number of people who simply don’t care and will do anything to take advantage of the necessary accommodations we do need. Even if it means possibly killing us.

People complain all the time that all of the “handicap parking spaces” are always empty even though I can never find a parking space that will accommodate my side-loading wheelchair ramp, so they use that as an excuse as to why they should be allowed to park there when there are no other spaces available.

I hope everyone who is using an alleged and fake disability as a reason for not wearing a mask stays well and healthy and survives this pandemic. You are doing your fellow human beings an enormous disservice. I also wish you well in surviving both this pandemic and the rest of your life without having to incur the types of disabilities you are faking to take advantage of our needed accommodations. Personally, I have absolutely no problem living life as a quadriplegic. What I do have is a serious problem with people who take advantage of laws that have changed my life and allowed me to help change the lives of other individuals with disabilities dramatically despite your utter inhumanity.

Kevin W. Williams
CCDC Civil Rights Legal Program Director
(720) 336-3584
kwilliams@ccdconline.org (any email messages containing ALL CAPS addressing the topics raised herein will be deleted immediately without being read)

P.S. And if this is what it takes to survive the pandemic, so be it!

Photograph of Kevin Williams with medical gloves stuck on his hands with toilet paper wrapped around his neck, a mask as described above on his face and a bottle of gin and a can of spray disinfectant in his lap.