Congratulations to Jared Polis and Other Winners

CCDC wishes congratulations to our new Governor Jared Polis and looks forward to working with this new administration.   Our expectations of a new governor are clear and doable.   We look forward to advancing the rights of people with disabilities so that we can show our capabilities as full citizens.  This means a dramatic increase in the number of people with disabilities who are employed.  This means a dramatic improvement in the high school graduation of students with disabilities and making sure that students go to college or some sort of vocational program.   This means a government that values people with disabilities by having high expectations and providing appropriate supports.   This means a government that involves us at every level…on boards, commissions, as employees in state agencies, and on the transition team.    Governor-Elect Polis stated last night that his administration will be inclusive.   We expect to be part of this inclusion and to have disability representation in historic proportions and stand ready to help make that happen.

CCDC congratulates all of the representatives and senators that won their seats as well and we look forward to working with all of you on these same goals.

We will be solidifying legislative priorities for the next two years soon but among them will surely be:

1) Increasing protection for renters such as statewide source of income discrimination protection and habitability laws.

2) Extending the Mediciad Buy-In for Working Adults with Disabilities to people over the age of 65 and for more than 10 days in between jobs, even if we have to use state funds.   With the federal government giving the states carte blanche we should be able to get approval.

3) Getting safety protections for people living in host homes.

4) Consumer direction for all HCBS services.

5) Improving our case management systems, especially transition from institutions.

We will be focusing on money for solid transportation that has a focus on transit and affordable housing that is inclusive of everyone including those with very low income.   We will be working on increased accountability around behavioral health and overall health care in the Medicaid program.

On a federal level with the Democrats having a majority in the house, we will be holding Congresswoman DeGette accountable for her promises to us to fix the Electronic Visit Verification mess and exempt consumer direction and family caregivers.   We will also expect help with improved access to quality complex rehab equipment (power wheelchairs) including accountability for repairs.

While Colorado definitely went blue, this does not mean that CCDC will stop working with our Republican allies.   We have always been and always will be a bipartisan organization.  Our issues cross both parties.  Disability does not discriminate.

CCDC was very proud of the VERY STRONG voter turnout in the disability community.   Approximately 90% of our members had already voted before Monday and we are sure the rest voted Monday or Tuesday.     Voting is the first step of realizing NOTHING ABOUT US WITHOUT US.

I Voted — It was Easy!

In past years, CCDC always had a policy that people with disabilities should show up at their polls and vote in person. That way, the general public could be made aware of our presence in the important electoral process. In those days we had all sorts of issues with accessibility of polling places. Just getting to the polling place was often difficult. There were issues around accessible parking. Certainly, there were issues regarding the accessibility of the polling machines themselves, making them inaccessible to a large number of people with disabilities. As we probably all recall, many lawsuits have been filed and are still filed related to these issues.

Of course, the times, they are a-changin’. Now, it is far more common to vote by mail or drop your ballot off at a ballot box. The mail makes me nervous, so I went to my local ballot box. Of course, I took someone with me, a camera, a tape measure and other devices because I was certain that the ballot box would not comply with the ADA Standards for Accessible Design (“Standards”). Courts have ruled that compliance with the Standards equals compliance with the requirements of the Americans with Disabilities Act. I don’t understand why I would have been so skeptical.

I was amazed and surprised when I approached my ballot box. First, there was a designated accessible parking space within close proximity to the box. It is clear that they marked this space off specifically for this purpose. The ballot box itself met all of the specifications for reach ranges and other accessibility requirements under the Standards.

I am not sure exactly how this system works for those who are blind or those who have limited hand function (although it does not break any secrecy or confidentiality violations if someone else drops it in the box for you), and I need to investigate that matter further, but the box itself was fantastic. It is a pleasure to be able to vote with such ease.

I apologize to those of you who have seen the ridiculous pictures of me voting that have circulated throughout many media, but here are some more.

-Kevin Williams, CCDC Civil Rights Legal Program Director

Will Voting to Retain a Judge Affect My Civil Rights as a Person with a Disability?

If you haven’t voted yet, and you know who you are, you better do so and do it FAST!

During each election, I get asked “Kevin, which of these judges should I vote to retain?” The truth is these questions don’t really affect what CCDC Civil Rights lawyers do. Here’s why: the judges on your ballot are not Federal judges. We practice in Federal Court. State and other judges are appointed by the governor for certain periods of time. What you see on your ballot is the question of whether that judge should be retained.

The ADA, Fair Housing Act, Section 504 of the Rehabilitation Act and most other disability rights acts that we enforce are federal laws. All Federal judges (District Court, Court of Appeals, and Supreme Court) are nominated by the President of the United States and confirmed by the Senate. I have explained this process in several blogs before. For example, see Judges! Hoo! What are They Good For? Absolutely Something. I have also explained why it is so important when you are voting for the President and for your senators to consider your civil rights. There are no U.S. senators to vote for on this ballot; you probably do have U.S. Representatives on your ballot. You definitely want to support those candidates who support disability rights. I simply want to make the point that U.S. Representatives are not involved in the confirmation process of federal judges, only U.S. Senators.

Some ways to find information regarding State Court judges are: (1) review the Blue Book that should have been mailed to you or log on to the Colorado Office of Judicial Performance Evaluation  – this is a good starting point; (2) get on the internet – there is a lot of useful information put out by organizations that may have a viewpoint regarding whether or not State Court judges should be retained; (3) if you are aware of lawyers who do practice in State Courts, contact them and get their advice. There are many ways to research how a judge has ruled on cases. This information is easily accessible on the internet and other sources.

It is possible to bring a disability civil rights case in State Court under the Colorado Anti-Discrimination Act. If so, it might be important to find out how the judges on your ballot have ruled on such cases in the past. Try searching on the name of the judge and “disability” and “civil rights.” However, there are very few published disability rights cases that have been decided by State Court judges. I should also make clear that you can file a disability rights lawsuit in federal court under the ADA or other federal laws that protect the rights of people with disabilities, but the defendant can remove the case to federal court. They usually do that. It is a tactical advantage because it slows the case down. That is why it doesn’t really make sense to file a federal court lawsuit in state court.

Remember, you can always just leave the box blank if you do not have an opinion on the judge to be retained. Your ballot will still count. And there are many important issues and candidates on your ballot you should vote for. See the CCDC 2018 Ballot Guide.

-Kevin Williams, CCDC Civil Rights Legal Program Director

Your Vote! Matters

CCDC Advocates will be registering people to vote at the downtown Denver Public Library (10 W 14th Ave. Parkway)  on Wednesday, July 18, 2018 from 10:00 am-noon.

I Pledge to Vote

We want all people with disabilities to realize their vote matters and voting is one way to make sure essential benefits which enable community living are available.

Did you know?

Colorado law requires that all voters with disabilities have the right to cast their vote privately and without assistance…

…even individuals with a guardian.

• All Colorado voters now receive mail ballots. This means that inaccessible polling places are no longer an issue. However, if you prefer to cast your ballot in person, rather than vote by mail, you still have the right to do so.
• There are no restrictions on the right to vote under Colorado law related to disabilities. 
• Colorado statute specifies that individuals confined in a mental illness institution “shall not lose the right to vote because of the confinement.”
• An individual in jail serving a misdemeanor sentence has the right to register to vote and vote in any election.
• Pretrial detainees are eligible to vote.
• You are eligible to vote if you are on bond as long as you are not convicted of a felony.
• People on probation may register to vote and cast their vote in any election.
• In Colorado, you have the right to vote after you have served your sentence, including parole.

Learn more about your voting rights by going to Colorado Secretary of State voter information.

So are you ready to make your pledge to vote?  Your vote matters more now than ever. You are not powerless.

You CAN make a difference!

Take the Pledge!

I Pledge to Vote

GET INVOLVED: CCDC Advocates will be registering people to vote at the downtown Denver Public Library (10 W 14th Ave. Parkway)  on Wednesday, July 18, 2018, from 10:00 am to noon. Click Here to Register to Vote