A monumental lawsuit between Northwest Airlines and five Detroit-area airline travelers with physical disabilities has brought attention to a crucial question: How does the Americans with Disabilities Act (ADA) protect air travelers with disabilities?
As the law is currently written, aircraft are excluded from the definition of “specified public transportation.” Past court cases have interpreted this to also mean that airport terminals are excluded from ADA coverage.

However, in this most recent case, U.S. District Judge George
Caram Steeh said in a 13-page opinion that this interpretation is
“inconsistent with the plain meaning of the statute.”
The Detroit-area residents filed suit against Northwest Airlines and Wayne County Airport Authority in Detroit (which was recently dropped as a defendant), claiming that the airline and airport failed to provide proper accommodations in a number of areas. Among several complaints, the plaintiffs said Northwest failed to provide boarding assistance in some cases, dropped passengers to the floor when assisting them improperly and damaged wheelchairs in the airline’s possession during flight.

Because aircraft are excluded from ADA coverage, airlines have been held to the standards of the Air Carriers Access Act (ACAA), which prohibits discrimination on the basis of disability in air travel and requires air carriers to accommodate the needs of passengers with disabilities. However, individuals are not allowed to file private claims under this law and must depend on the federal government for enforcement. Northwest argued the case should be dismissed because the ADA does not apply to airlines, and the ACAA does not allow individuals to file private claims.

Judge Steeh dismissed the plaintiffs’ claims under the ACAA, but ruled the ADA does apply to airport terminals and thus the case may continue. He said that although aircraft are covered by the ACAA, airports are covered by the ADA, which includes terminals operated by the airlines, such as Northwest Airline’s terminal at the Detroit airport. Therefore, Northwest’s terminal — and all airline terminals — must meet ADA guidelines.

“This interpretation is consistent with Congress’ intent to limit the ACAA’s reach to aircraft and the ADA’s reach to public spaces, such as terminals. In fact, to conclude otherwise would leave the door open for acts of discrimination that could not be remedied,” Judge Steeh said in his opinion. In the ADA language, “public accommodation” is defined to include entities affecting commerce such as “a terminal, depot, or other station used for specified public transportation.” And according to Judge Steeh, the Northwest Airlines terminal at the Detroit airport is considered a public accommodation, as it’s used for “bus, rail and other motorized transport along with its principal function as a center for transportation by aircraft.”

Peter Berg, project coordinator of technical assistance at Great Lakes ADA, said the ADA applies to airport facilities, which includes anything from the front door to the jet way. The ACAA requires airlines to assist travelers with disabilities, such as helping someone in a wheelchair board the plane safely and guiding someone who is visually impaired from the ticket counter
onto the airplane. These services are not limited to the airplanes
themselves, according to Berg; airlines are responsible for providing these services in the airport terminals. Thus, as they operate within their terminals, airlines are subject to the standards set forth by the ADA.

In an article in “The Detroit News,” Kristin Baur, a spokesperson for
Northwest, said the airline “is currently reviewing the ruling and evaluating its options regarding future actions.” Baur also said the airline continues to be committed to providing accessible air travel for all customers.

Visit the Federal Aviation Administration’s Web site at www.faa.gov to learn more about traveling rights for passengers

As posted at:  mednews.wustl.edu

By Michael Purdy 

Dec. 4, 2008 — The Danforth Foundation has granted the Hope Center for Neurological Disorders at Washington University School of Medicine in St. Louis a $10 million endowed gift for research into a range of conditions that cause injury and impairment to the brain and central nervous system.

The funds will be used to support innovative and groundbreaking new ideas for research with clear potential to improve diagnosis and treatment of patients with amyotrophic lateral sclerosis (ALS), Parkinson’s disease, stroke, Huntington’s disease, multiple sclerosis, cerebral palsy and other disorders.

The endowment created by the gift will be named for the late Donald Danforth Jr., a 1955 graduate of the Olin Business School at Washington University who was executive vice president of Ralston-Purina Co., a notable entrepreneur and a trustee of the Foundation. Danforth was the brother of Washington University Chancellor Emeritus William H. Danforth, former U.S. Senator John Danforth and St. Louisan Dorothy Danforth Miller.

Robert Willson regularly travels from Overland Park, KS, to receive treatment from neurologist Tim Miller, MD. Willson’s Amyotrophic Lateral Sclerosis (ALS) progressively robs him of mobility and strength.

The University and Hope Happens have committed to raising additional matching endowed funds of $10 million for the same research programs over the next five years. The Hope Center was created in 2004 as a partnership between Washington University and Hope Happens, a public charity started by Christopher Hobler, who lost his life to ALS in 2005.

“This gift is an outstanding example of how Washington University, Hope Happens and the St. Louis community continue to benefit from the generosity and leadership of the Danforths and the Danforth Foundation,” says Chancellor Mark S. Wrighton. “As science develops a new generation of treatments for some of society’s most devastating disorders, this donation and the mandate for additional fundraising that comes with it help ensure that Washington University and the Hope Center remain at the forefront of the field in research that will alleviate suffering and find solutions for earlier diagnosis and treatment.”

“The support of the Danforth family has been at the center of so much that is good at Washington University,” says Mark P. Goldberg, M.D., professor of neurology, neurobiology and of biomedical engineering, and director of the Hope Center. “In particular, the family has been enthusiastic supporters of the Hope Center since its beginning. This new gift will be incredibly helpful in advancing one of our primary missions: funding innovative new directions in diagnosis and treatment of neurological disorders.”

“As a physician, William Danforth knows what an important front these terrible conditions present in the battle for improved health and longevity,” says Larry J. Shapiro, M.D., executive vice chancellor of medical affairs and dean of the School of Medicine. “The Danforth Foundation’s generous new gift recognizes the bench-to-bedside research model we’ve fostered here at Washington University School of Medicine through our BioMed 21 program as one of the best hopes for new treatments and cures for these disorders.”

Pictured above is Mark P. Goldberg, M.D., Professor of Neurology and Neurobiology and Director of the Hope Center for Neurological Disorders

“This gift in honor of my brother, Don, means a lot to the family,” says William H. Danforth, who is a member of the Foundation board. “We all have great hopes that the discoveries of the wonderful scientific leaders of the Hope Center will help halt and prevent ALS and similar devastating diseases.”

“Our entire family gives thanks to Dr. Danforth, his family and the Hope Center for making the dream of collaborative research for neurological disorders become a reality,” says Jean Hobler, mother of Christopher Hobler and founding member of Hope Happens. “My son, Christopher Hobler, would be very proud. Hope is alive and growing!”

The Hope Center helps support the studies of more than 70 faculty and 500 scientists with shared research facilities and annual distribution of seed grants.

“Through funding from Hope Happens, we’ve already had successes from these seed grants that have led to additional research funding from government sources and other agencies,” says David Holtzman, M.D., the Andrew B. and Gretchen P. Jones Professor and head of the Department of Neurology. “One example is the search for genes linked to ALS that is likely to help us better understand the disorder and advance toward a treatment. Another is to help development of a technique that lets us much more rapidly and directly assess the impact of new drugs for neurodegenerative diseases.”

According to Holtzman, the Danforth Foundation grant will help the Hope Center expand this annual grant program, building on the success it has already had.

“Nothing will accelerate discovery more than empowering talented investigators in their attack against neurodegenerative diseases,” says Goldberg.

NEW YORK — Children with chronic illnesses or disability can often benefit from the right exercise program, showing improved quality of life, greater aerobic capacity and better function, according to a report published this month.

But chronically ill or disabled children and teens who aren’t active can get out of shape and too fat, just like their peers who aren’t challenged by illness or disability, warns Dr. Patrick J. Morris of the University of Minnesota in Minneapolis.

Morris notes that children with cerebral palsy often have movement problems that make it difficult to walk, let alone exercise. But he points to a study in seven teens with the disease that showed three months of training improved their aerobic capacity and their ability to stand, walk, jump and run.

Physical activity is also beneficial to individuals with spinal cord injuries, Morris adds. And while the jury is still out on whether exercise can help people with cystic fibrosis get stronger and breathe more easily, he notes, the studies to date show no evidence that physical activity is harmful for these patients.

Even children with the bleeding disease hemophilia can engage in physical activity, according to Morris, if they choose a sport that’s appropriate for their fitness and coordination level.

Aerobic workouts can clearly help children with asthma get stronger and more fit, although the evidence is not as clear on whether training affects symptoms like breathlessness or the amount of medication a patient needs.

Exercise is also crucial for helping children with type 2 diabetes manage their illness, according to Morris, but a study out last year showed that adolescents found the hardest thing about following an exercise program was “lack of motivation.”

Just because exercise can benefit young people with disease “doesn’t mean it’s easier to get these kids to sign on to physical activity,” Morris concedes. To help motivate them, he suggests emphasizing “fun approaches with variety and freedom that are supported by peers, that have the option of family participation, and that foster success.”

Morris points to the offerings of Courage St. Croix, a rehab and resource center for disabled individuals near his home, as examples of activities that fit the bill: “power wheelchair soccer, hockey, softball or rugby; …handcycling, SCUBA, rock climbing, kayaking, downhill skiing, water skiing, golf, archery, and bicycling; … and yoga, tai chi and horseback riding.”

“Physical activity,” he concludes, “is a positive intervention for children growing up with the challenge of a chronic disease or disability. When physical activity becomes a lifestyle for these children, they’re supported on their way to becoming happier, healthier adults who are up to any challenge.”

The campaign advertisements are gone, phone lines are no longer buzzing with endorsement calls and political debating has ceased. Many of us did our part to vote and participate in the election process. But, our work isn’t done.

With Barack Obama in the White House planning his next four years in office and countless legislators ready for action, now is the time to get

acquainted with your elected officials. Building personal relationships is key to influencing legislators and other officials who can impact the disability community with their public policy decisions.

It’s important to connect with not only new officials, but also with those who have been reelected. Reach out to your elected officials to introduce yourself and congratulate them on their win. Ask if they can meet with you to discuss issues affecting you and the disability community.

Or, send them a letter or e-mail to share issues of concern.

To learn more about Barack Obama, visit www.barackobama.com.

The National Sports Center for the Disabled – KC is pleased to announce our upcoming adaptive ski lessons at Snow Creek Ski Area in Weston, MO:
· Session 5 Wed evenings, 5:30-8:30 pm
Feb 4-25
· Session 6 Thurs evenings, 5:30-8:30 pm
Feb 5 – 26
Cost for the program is $185 for all equipment, instruction & lift ticket. Limited scholarships are available.
In addition, we will be hosting a Midwest Skiing Symposium, December 18 – 20 at Snow Creek for those who wish to expand knowledge and experience in the area of adaptive snow sports.
To register or for more information, see the attached flyers or visit our website - https://nscd.org/programs/kc_winterprograms.htm. For more information, please contact Tom Sanders at tsanders@nscd.org or call our Kansas City office at 816.513.7571.

As posted at: hdnew.net

Mo. court says home health law discriminates

JEFFERSON CITY, Mo. (AP) — A state home health care law discriminates against some people with mental disabilities by denying them coverage, the Missouri Supreme Court ruled Tuesday.

The decision invalidates a 2005 change in state law that prohibited participation in a personal care program by people who have a legal limit on their ability to make decisions, such as through the appointment of a guardian.

Barbara Bechtel, of Valley Park, had been paid through the state program to provide personal care for her adult daughter, Andrea Bechtel, who has physical and mental disabilities requiring the use of a wheelchair and help with daily activities.

But the Bechtels were dropped from the personal care program as a result of the 2005 law, which also eliminated or reduced Medicaid health care benefits for thousands of low-income adults.

In a unanimous decision written by Judge Richard Teitelman, the Supreme Court said the 2005 personal attendant law discriminates against people with disabilities by providing help to people with physical limitations but excluding those who have guardians because of mental limitations.

The court cited the federal Americans with Disabilities Act, which prohibits public entities from denying benefits or program participation to people because of their disabilities.

• Jan 10-11 @ Kansas Wheelhawks TBA

• Jan 17 Home St. Louis Rolling Rams

Friday - December 12, 2008

Kentucky vs. Pittsburgh  54-22

Michigan vs. Ohio II  1-0

Texas vs.Indy 44-41

Saturday - December 13, 2008

Minnesota vs. Kentucky  38-50 

Indy vs. Ohio II  50-32

Kentucky vs. Blitz 50-29

Texas vs. Ohio II 55-26

Michigan vs. Indy  64-35

Ohio Blitz vs, Ohio II45-25

Indy vs. Pittsburgh 1-0

Kentucky vs. Texas  46-31

Sunday - December 14, 2008

Ohio II vs. Pittsburgh  60-32

Indy vs. Ohio Blitz  40-37

Michigan vs. Kentucky  48-51

FINAL STANDINGS

1. Kentucky 

2. Michigan

3. Minnesota

4. Pasadena Texas

5. Indy

6. Ohio Blitz

Ohio II

Pittsburgh

This year was a return to form as the Rams reclaimed the Midwest Conference

championship with a conference record of 6-1.  We will be participating in

tournaments the next two weekends in a bid to be accepted at an NWBA

regional playoff.  The dates are:

Jan 10-11     Lawrence, Kansas

Jan 17-18     Dayton, Ohio