CCDC in the News: Ride-Hailing Apps are for Everyone, Except Those Using Wheelchairs

CCDC members Jaime Lewis, Julie Reiskin, and Nicole Bishop have been featured in a Westword article published on October 2, 2018, highlighting the lack of accessibility with ride-sharing apps such as Lyft and Uber.

The challenge with ride-sharing apps and accessibility is that the apps are software companies, not taxi services, and drivers are not required to provide wheelchair-accessible vehicles. Both Uber and Lyft claim to be exploring the option of letting users request wheelchair accessible vehicles.

“I don’t want to fight Uber or Lyft. But if they don’t take responsibility [for providing accessibility], we’re going to have to do it for them,” says Lewis. Neither Uber nor Lyft have wheelchair-accessible vehicles available in Denver at this time.

Thank you, Jaime, Julie and Nicole for advocating for our members!

Great info on Fair Housing Rights

City & County of Denver Source of Income Protection

In a win for housing consumers, Denver City Council voted on July 30, 2018 prohibit landlords from denying applicants based on their source of income. This decision most heavily impacts housing seekers with subsidized housing vouchers and/or disability income, though it certainly benefits all potential

renters. The Council’s stance on the issue was that if a prospective renter can afford the rent, their source of income shouldn’t inform the housing provider’s decision. Opponents of the measure feel that requiring landlords to accept non-conventional sources of income like federal vouchers will force landlords to absorb uncovered damage expenses and delayed rent payments. However, to high-rent property owners, the law is unlikely to affect their business as the renters in question would likely not qualify for their units. It’s also important to note that many other jurisdictions in the country have already enacted such protections. The new protection will take effect for the City and County of Denver on January 1, 2019.

To learn more about Denver’s Source of Income protection, click here.

Your reasonable accommodation has been denied. What’s next?

If you have requested a reasonable accommodation and supplied your housing provider with the

appropriate documentation (typically a doctor’s note), and the accommodation was denied, there are a couple things you can do:

• Be proactive! Ask for a meeting with the housing provider to discuss why the accommodation was denied. In some cases, a housing provider can deny an accommodation if it would pose a significant financial and administrative burden or cause them to significantly alter their business practices. If this is the case, your housing provider should work with you to come up with an alternative that will meet your
• If there is no alternative accommodation that will meet your needs, you may request to be released from your lease at no

If your housing provider denied your accommodation based on discrimination, or you have reason to believe this is the case, here are some tips for what you should do next:

• Document, document, document! Always keep records of requests you make, emails you receive, text messages, voicemails, recordings, etc. These will help you if you file a complaint for housing discrimination, as you will need proof of the discriminatory
• Call the Denver Metro Fair Housing Center at 720-279-4291. DMFHC has staff members ready to help you determine if discrimination occurred, can help you self-advocate or advocate on your behalf to obtain approval for your
• If all else fails, and it’s apparent that your housing provider has acted in a discriminatory manner, DMFHC can assist you throughout the complaint

Emotional Support Animals

Under the Federal Fair Housing Act, there is no distinction between emotional support animals or service animals. Simply obtain a doctor’s note, or a note from another medical professional, that establishes a nexus between your disability and your need for the animal. Next, write a short letter stating that you wish to request a reasonable accommodation. Best practice is to mail the request via certified mail to your housing provider, along with a copy of the Joint Statement from HUD and the DOJ on Reasonable Accommodations Under the Fair Housing Act (link below). If your housing provider either ignores or denies your request, call DMFHC to discuss next steps.

If you are unsure if what you’re experiencing is disability discrimination, or just have more questions,

call DMFHC at 720-279-4291.

Click here for a copy of the Joint Statement from HUD and the DOJ on Reasonable Accommodations Under the Fair Housing Act.

YAY–Settlement for victims of state mistreatment at Pueblo Regional Center

CCDC is proud of our good friends at the law firm of Kilner, Lane, and Newman for their victory. Good policy changes and some reparations for the victims. NO EXCUSE for the state taking this long to settle and not addressing these problems earlier. We hope next time clients in state custody say that something bad happened that the clients will be believed. We thank attorney Mari Newman for persevering to bring justice to the individuals with Developmental Disabilities and thank the two Arc Chapters serving clients for helping with this necessary litigation.
the office press release is below

PRESS RELEASE

Date: August 9, 2018

Re: Case against State for searches of people with mental disabilities ends with payment of $1,000,000 and policy changes

Plaintiffs and defendants today announced they have reached a satisfactory resolution to a 2016 lawsuit filed in federal district court, case No. 1:17-cv-00067-PAB-CBS. The lawsuit was based on the physical searches in March 2015 of Pueblo Regional Center residents with mental disabilities. The lawsuit alleged that the searches were non-consensual, violated the plaintiffs’ constitutional rights, and unlawfully discriminated against them based on their disabilities. The defendants denied that they committed any wrongdoing and maintained that the examinations were conducted in the interest of resident safety and were in response to concerns of underreporting of abuse and neglect. To resolve the case, the Colorado Department of Human Services (CDHS) has agreed to pay a settlement to the plaintiffs that totals $1 million, including attorney’s fees and costs.

CDHS has made numerous policy changes at the Pueblo Regional Center pursuant to changes in policies and procedures recommended by the Colorado Department of Public Health & Environment and the Centers for Medicare & Medicaid Services. These include: (1) a new Mistreatment Abuse Neglect and Exploitation (“MANE”) policy outlining how to report and address allegations of MANE; (2) removal of all blanket consent forms; (3) a new incident reporting policy; (4) development of a policy outlining resident rights; (5) Community Center Board (“CCB”) Human Rights Committee now reviews all rights suspensions, safety control/emergency control procedures, consents, and investigations; (6) all incidents are reported to the CCB and incidents of MANE are reported to law enforcement and Adult Protective Services (“APS”) as appropriate; (7) conducting daily multidisciplinary incident report review resulting in action plans for incidents and trends for the agency; (8) institution of monthly parent/guardian meetings; (9) educating parent/guardians on ways to file complaints; (10) implementing Quality Assurance/Performance Improvement (“QAPI”) committee; (11) providing leadership training for all new managers to be completed within the first year in their role; (12) direct care and nursing staff receive pay increases consistent with industry salary standards; (13) increase of staff, including 20 additional direct care staff positions; (14) reduction in staff working double shifts; and (15) institution of new lines of communication with staff, including monthly staff meetings and individual “stay” interviews.

Mari Newman

Killmer, Lane & Newman, LLP

The Odd Fellows Hall

1543 Champa Street, Suite 400

Denver, Colorado 80202

303-571-1000 (phone); 303-571-1001 (fax)

mnewman@KLN-law.com

www.KLN-law.com

HAPPY ADA DAY to all of you!

Happy Independence Day !!

ADA Day

Written by Lucinda Rowe
July 26, 2018

ADA Day is significant to my family but most of all to my daughter. Estrella was born prematurely weighing one pound. She was diagnosed with severe Cerebral Palsy at a month old. Continue reading “HAPPY ADA DAY to all of you!”