Demand Our Access

Jonathan Simeone
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This podcast educates people with disabilities about our legal rights and how to enforce them.

  1. APR 27

    Our Experience with an Inaccessible Local Government Website

    In this episode, Desiree and I discuss the issues we are facing because the child support web page run by the attorney general of Texas and documents required by the child support program are inaccessible to those of us with disabilities. When we recorded this episode, we were hopeful it would demonstrate why the Department of Justice’s rule on accessible web and mobile content shouldn’t be delayed or weakened. Sadly, since we recorded this episode, the Department of Justice has chosen to give state and local governments an additional year to comply with the rule.

    55 min

  2. APR 27

    Advocating for Accessible Emergency Alerts

    Disclaimer The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice. Introduction In this episode, we will be continuing our look at emergency preparedness. Specifically, we are going to look at how we can advocate for emergency alerts that are accessible to those of us with disabilities. Questions and Comments I greatly appreciate your feedback. If you want to contact me about this episode, or about Demand Our Access in general, you can fill out the contact me form on the Demand Our Access website. If you prefer email, you can write me at Jonathan@DemandOurAccess.com. The Next Episode The next live episode of the Demand Our Access podcast will be on Saturday, April fourth at two Eastern. As of now, I don’t have a topic for that episode. If you have suggestions, let me know. Advocating for Accessible Emergency Alerts Introduction to Advocating for Accessible Emergency Alerts In continuing our look at the life-saving work of ensuring our state and local governments include those of us with disabilities in their emergency preparedness plans and operations, I thought I would demonstrate how we can advocate for accessible and inclusive emergency preparedness by working through a specific, narrow example. Since emergency alerts are the most important part of emergency preparedness because they warn us of pending emergencies, tell us what to expect, and tell us what we should do, it makes sense to focus this discussion on emergency alerts. If people find this episode helpful, I would be happy to continue this kind of work in future episodes. We could consider discussing advocating for accessible transportation during emergencies, sheltering, or something else. In order to help us better advocate for accessible emergency alerts, I will first briefly describe the basics of accessible emergency alerts. I will then set forth a series of four questions for us to consider. If there is time, we will work through a scenario. The Basics of Accessible Emergency Alerts When a government issues warnings or updates about wildfires, flooding, earthquakes, hurricanes, or warnings of an active shooter (I hated including that one), they are all examples of governments issuing emergency alerts to the public. As you will see, the accessibility of emergency alerts are governed by requirements placed on government and broadcasters by the Department of Justice (DOJ) through its ability to define compliance with Title II of the ADA, and by the Federal Communications Commission (FCC) through its ability to regulate television and radio broadcasters. The Structure of Emergency Alert Systems The systems for providing emergency alerts are highly technical. In putting this episode together, I have only provided the information I believe we need to advocate for more accessible and inclusive emergency alerts. If you want to learn more about emergency alerts, I will link to sections of the Code of Federal Regulations when this episode is published to the Demand Our Access Website. Wireless Emergency Alerts Wireless Emergency Alerts (WEA) are the alerts that appear directly on compatible mobile phones with a distinctive tone and vibration pattern. Wireless Emergency Alerts are used to transmit presidential alerts, imminent threat alerts, Amber alerts, and public safety messages. Wireless Emergency Alerts are regulated under 47 C.F.R. Part 10 by the Federal Communications Commission. WEA uses cell broadcast technology rather than traditional SMS messaging. That means one broadcast message is transmitted to all compatible devices within a defined geographic area. It does not depend on subscriber lists and does not require prior registration. WEA messages are limited to 360 characters. Originally, the limit was 90 characters. The FCC expanded the limit after concluding that the shorter format reduced clarity and created confusion. The 360-character limit applies only to the WEA transmission itself. It does not govern websites, linked content, or private alert systems. The 360-character limit includes URLs and phone numbers people can call for additional information about the alert. Emergency Alert System The second major system is the Emergency Alert System (EAS). EAS interrupts television and radio programming. It is governed under 47 C.F.R. Part 11. When activated, it delivers an audio message and, on television, a visual crawl. Integrated Public Alert and Warning System Both WEA and EAS operate through a federal gateway known as the Integrated Public Alert and Warning System (IPAWS). IPAWS is administered by the Federal Emergency Management Agency (FEMA). Governments must register with FEMA, execute a formal Memorandum of Agreement, complete training, and use approved software before issuing alerts. Alerts are digitally authenticated before distribution. Emergency alerts are treated as secure infrastructure. Broadcast Accessibility Requirements Under 47 C.F.R. § 79.2, emergency information presented visually must also be conveyed aurally for individuals who are blind or have low vision. Conversely, emergency information presented aurally must be conveyed visually for individuals who are deaf or hard of hearing. Specifically, when emergency information is presented during a regularly scheduled newscast, or during a newscast that interrupts regular programming, that emergency information must be made accessible to people who are blind or low vision. Generally, emergency information that is not provided during a regularly scheduled newscast or as part of a newscast that interrupts regularly scheduled programming must be made accessible to people who are blind or low vision through use of the secondary audio programming channel. Emergency information that is presented through the audio portion of programming must be made accessible to people who are deaf or hard of hearing through the use of closed captioning. When putting together this episode, I was shocked to discover this section of law. I have never watched a television newscast where the entirety of emergency information that was created to appear strictly as visual content was made accessible to me as a blind person. The ADA Effective Communication Under Title II of the ADA (Title II), covering state and local governments, government is required to ensure all communications are as effective for those of us with disabilities as they are effective for people without disabilities. This means that under Title II all emergency communications created by or on behalf of any state or local government must be accessible to those of us with disabilities. Private Notification Platforms Many state and local governments contract with private companies to use digital platforms that can call, email, or text emergency alerts to people who sign up for the service. These services are not covered by any character limits. These platforms usually allow governments to include links to websites, links to social media posts, and in some cases the ability to access video content. Since the communications going out through these third-parties are going out on behalf of state and local governments, the communications published through these platforms are covered by Title II. So, these communications must be as effective for those of us with disabilities as they are effective for those without disabilities. Websites and Social Media When a government sends out an emergency alert that includes a link to a government website or a social media post created by the government to provide the public with more information about an emergency, all of that digital content is covered by Title II. This is especially true in the aftermath of the Department of Justice’s rule on web and mobile accessibility under Title II. Advocacy Questions Don’t worry, this is not a pop quiz. Obviously, no one has to participate unless they feel like doing so. How are emergency alerts supposed to be accessible to those of us with disabilities? What entities have a role in ensuring emergency alerts are accessible to those of us with disabilities? Given what we have learned, what are some of the things you would want to know about your government’s plans to ensure emergency alerts are accessible? What are some of the steps you could take to have some of your questions answered? Scenario Your local government has contracted with a community organization, like Upstream Access, to hold a listening session with members of the disability community about emergency preparedness. For the purposes of this exercise, I will pretend I am the representative from the government. All of you are attending the listening session to find out how the government’s emergency alerts are made accessible to the disability community.

    40 min

  3. MAR 21

    My Journey into Emergency Preparedness

    This is a special episode of the Demand Our Access podcast. In this episode, I describe my journey with emergency preparedness for those of us with disabilities. I also describe my personal advocacy to ensure my local area has emergency preparedness plans and operations that are accessible to and inclusive of those of us with disabilities.

    50 min

  4. MAR 10

    Interviewing Erin Taylor From Upstream Access

    This episode was a very special one in the history of the Demand Our Access podcast because it was the first time I was joined by a guest. Erin Taylor from Upstream Access joined me to discuss emergency preparedness for those of us with disabilities. I was thrilled to have Erin join me because she is one of the people doing the most to ensure those of us with disabilities are prepared when emergencies strike. Among other things, Erin and I discussed Person-Centered Emergency Preparedness (P-CEP) a program developed in Australia and brought to America by Erin and Upstream Access. P-CEP is a program that certifies people in assisting disabled people in developing our individual emergency preparedness plans. Currently, I’m getting certified in P-CEP. If, after listening to the interview, I would appreciate your feedback on dedicating an episode to P-CEP.

    54 min

  5. JAN 26

    Emergency Preparedness With Scenarios

    Disclaimer The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice. Introduction In this episode, we will be discussing emergency preparedness for those of us with disabilities. Specifically, I will explain why emergency preparedness is the most important issue we could ever advocate for, review what state and local governments are required to do to ensure their emergency preparedness is accessible to and inclusive of those of us with disabilities. After the review, we will use scenarios to see how we can advocate with our state and local governments to work with them on making their emergency preparedness accessible to and inclusive of us. Questions and Comments I greatly appreciate your feedback. If you want to contact me about this episode, or about Demand Our Access in general, you can fill out the contact me form on the Demand Our Access website. If you prefer email, you can write me at Jonathan@DemandOurAccess.com. The Next Episode The next live episode of the Demand Our Access podcast will take place on Saturday, February seventh at two Eastern. I believe we will be continuing our look at emergency preparedness during that episode. We may even have a guest join us. I will keep you updated through the Demand Our Access website. Reviewing Accessible and Inclusive Emergency Preparedness Why This Really Matters Emergency preparedness is the most important issue we will advocate for with our state and local governments. Not being able to access web content matters. Not being able to apply for jobs matters. Not being able to enter buildings matters. Not having interpreters if you need them matters. Emergency preparedness is literally life or death. If we die in an emergency because our state and local government didn’t properly accommodate us, it won’t matter to us if a website is inaccessible, or if we can access a building. Since there are very few advocacy efforts addressing emergency preparedness, and because most state and local governments hardly comply with the ADA to begin with, the odds are extremely high that if a disaster took place in your community people with disabilities would die deaths that would have been preventable had your state and local government followed their legal requirements and ensured their emergency planning was accessible to and inclusive of those of us with disabilities. If we want to ensure we don’t die a preventable death when an emergency hits our communities, we must advocate with our governments for accessible and inclusive emergency planning and response. If you are one of those people who doesn’t believe government could or should have a role in your protection during an emergency, I want to ask you to consider what happens when an emergency requires you to evacuate your home and the government’s notice is inaccessible to you? What happens if you are required to evacuate but there is no accessible way for you to evacuate? What if you are required to evacuate to an inaccessible shelter? Issues like these and many more can and must be addressed by proper emergency preparedness on the part of our state and local governments. Introduction to Emergency Preparedness Six years ago I found two resources that have profoundly influenced my interest in emergency preparedness for people with disabilities. The Partnership for Inclusive Disaster Strategies released an after action report in May of 2018 detailing widespread governmental failure to properly plan for people with disabilities as a part of emergency preparedness. The report made numerous suggestions as to how emergency preparedness could be more inclusive of people with disabilities while illustrating how ineffective planning led to preventable death, injury, and illness. Appendix G of the after action report has a detailed discussion of the limitations of additional needs registries. Additional needs registries became somewhat popular among state and local governments in the 1990s as a reported way to ensure people with disabilities got assistance during emergencies. The report from The Partnership for Inclusive Disaster Strategies found too few people register, the registries do not guarantee help but planners count on them, knowing someone’s home and/or work address does not mean you know where they are in a disaster, and far better data is available. The Department of Homeland Security conducted several listening sessions on emergency preparedness and people with disabilities. The listening sessions also detailed widespread governmental failure at all levels to adequately plan to accommodate people with disabilities during disasters. Two sections of this episode will demonstrate what the Department of Justice (DOJ) requires of state and local governments under Title II of the Americans with Disabilities Act (Title II) when comes to ensuring emergency preparedness planning is inclusive of those of us with disabilities. The next section will discuss emergency preparedness requirements in settlements DOJ has made with local governments under Project Civic Access. The subsequent section will discuss a guide issued by DOJ in October of 2008 to assist local governments in incorporating accessibility into their Emergency Action Plan (EAP). Project Civic Access and Emergencies The primary way DOJ enforces compliance with Title II is through Project Civic Access. To date, DOJ has reached more than 220 settlements with at least 206 cities, counties, and villages in all 50 states. Every settlement I have reviewed includes emergency preparedness. To demonstrate what DOJ typically requires of state and local governments when it comes to ensuring emergency plans are inclusive of people with disabilities, I will discuss the emergency preparedness requirements in the 2018 settlement between DOJ and the City and County of Denver, Colorado (Denver). I will paraphrase what Denver is required to do in its emergency operations plan its (EOP). If you are interested, the emergency preparedness provisions of the settlement are set forth in section h of the Remedial Actions section. Procedures to get input from people with disabilities on the EOP Community evacuation plans enabling people with disabilities to self-evacuate or be evacuated by others Procedures to effectively warn people who are deaf or hard of hearing of impending disasters Emergency shelters are required to have back-up generators and a way to keep medications refrigerated Procedures ensuring people are not separated from their service animals Information about temporary housing will notify people about accessible housing Denver has additional requirements related to physical changes to emergency shelters: If a shelter is subject to Title III (which covers places of public accommodation), the agreement does not reduce liability under Title III. Denver will notify shelter facilities subject to Title III that they have a year from the effective date of the agreement to remove barriers to access for people with disabilities. Within one year of the effective date of the agreement, an independent architect hired by Denver will survey the shelters for compliance. If all barriers are not removed within 18 months, Denver will identify alternate accessible shelters as confirmed by the independent architect. Within three months of the effective date of the agreement and until all shelters are accessible, Denver will widely publicize a list of accessible shelters. A Guide for Local Governments Note, there is a more modern resource on emergency preparedness published by DOJ on including people with disabilities in emergency operations plans under Title II called Emergency Planning. I am working off of the older document in this podcast because the subjects covered in both are very similar. Most of the differences between the two documents are more technical than I think we need to cover here. Still, I will link to the more modern DOJ document on emergency preparedness on the website so you can consider it too. I will say the newer document does link to a few more resources. So, there are good reasons for folks interested in inclusive emergency preparedness to look at both. In Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities, DOJ gives local governments more specific advice around creating accessible EOPS. The guide breaks its advice into seven categories: Notification – Warning methods should be developed to ensure all citizens have the information to make sound decisions and take appropriate, responsible actions. A combination of methods (audible and visual alerts) will reach the most people. Evacuation – Procedures should be in place to allow people with disabilities to evacuate with or without assistance. Whether or not a registry is used, plans should address accessible transportation needs for people with disabilities. Emergency transportation – Contract with entities possessing accessible vehicles to use them to transport people with disabilities during emergencies. Sheltering – Survey shelters for barriers to access. Until all shelters are accessible, publicize accessible shelter locations. Generally, people with disabilities cannot be segregated into separate shelters. Access to medication, refrigeration, and back-up power – Ensure a reasonable number of shelters have a way to keep medications refrigerated and back-up power. These shelters should be made available to people with disabilities needing thes

    53 min

  6. 11/14/2025

    Advocating in Private Housing Situations When the Property Manager Doesn’t Understand Our Rights

    This is the recording from the October 18,2025 live episode. In this episode, we had a good discussion about how to advocate for our rights in private housing situations when the landlord or property manager knows nothing about the rights we have under the Fair Housing Act. To make this easier to follow, the content has been edited to remove the breaks and pauses. All of the discussion that took place during the episode is part of this recording.

    51 min

  7. 10/26/2025

    Advocating in Private Housing Situations

    In this episode, I tried something new. I began with a brief recap of our rights under the Fair Housing Act in private housing situations. Then, I posed some scenarios to the people listening live in Zoom and we had interactive discussions as to how we could advocate for our rights under the fictional scenarios. Note, I haven’t yet figured out how to make a transcript of these kids of recordings. So, I don’t know how to yet make them accessible to people with hearing disabilities. Any thoughts on this would be appreciated.

    55 min

  8. 08/21/2025

    A Brief Introduction to the Fair Housing Act

    Disclaimer The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice. Introduction In this episode, I am briefly introducing the Fair Housing Act (FHA) and its amendments. Since this is intended to be an introduction to the FHA, I will only be covering the protections afforded people based on disability status in this episode. If we continue this discussion in future episodes, I would be happy to discuss the protections based on other protected classes. Questions and Comments I greatly appreciate your feedback. If you want to contact me about this episode, or about Demand Our Access in general, you can fill out the contact me form on the Demand Our Access website. If you prefer email, you can write me at Jonathan@DemandOurAccess.com. The Next Episode The next episode of the Demand Our Access podcast will take place on Saturday, September sixth. As of now, I’m not sure what I will cover in that episode. If there is interest in more about the Fair Housing Act, let me know. Citations As always, I will not be providing citations to sections of law during this episode. But the citations will be provided when this episode is posted to the Demand Our Access website. Introducing The Fair Housing Act Since I have not yet covered the Fair Housing Act (FHA) through Demand Our Access, this episode is intended to be a brief introduction to the FHA. I’m keeping this introduction brief, because I want to gage interest from the community in the subject of fair housing. If there is interest in diving deeper into housing discrimination, I’m very open to continuing this discussion into future episodes. Since this is a brief introduction, I have sought to keep the explanations at a very high-level. If we continue the housing discrimination discussion in future episodes, I will take deeper dives into specifics based on your feedback. I’m trying this new approach to introducing new subjects to see if community will assist me in planning what subjects are covered and how they are covered. I’m also hoping that by breaking things into smaller pieces they will be more relatable. With that explanatory information out of the way, let’s begin our introduction to the Fair Housing Act. Roadmap In this episode, I will be covering the following five topics: Brief history of the Fair Housing Act Intent of the Fair Housing Act Enforcement agencies Protected Classes and Scope Impact on People with Disabilities Brief History The Fair Housing Act (FHA) was signed into law by President Lyndon B. Johnson on April 11, 1968, one week after the assassination of Dr. Martin Luther King. When it became law, the FHA was added as Title VIII of the Civil Rights Act of 1964. The original statute barred housing discrimination in terms of race, color, religion, and national origin. In 1974, the FHA was amended to add sex as a protected class. In 1988, the Fair Housing Amendments Act (FHAA), added familial status and disability as protected classes when it comes to housing. The FHAA also added accessibility requirements that applied to newly constructed multi-family dwellings of four or more units intended to be occupied after March 13, 1991 to include certain accessibility features. Those accessibility features include: an accessible entrance on an accessible route; accessible common and public use areas; doors wide enough to accommodate a wheelchair; and more. The FHAA also granted the Department of Housing and Urban Development (HUD) additional enforcement powers through the introduction of administrative hearings, civil penalties, and expanded judicial remedies. The FHAA transformed the Fair Housing Act from being a law that was largely symbolic to a law that would actually try to provide protections to those facing housing discrimination through meaningful enforcement. In 1995, the Housing for Older Persons Act (HOPA) provided criteria for 55+ and 62+ housing and modified the familial status provisions of the FHA. In 2021, HUD issued a directive covering gender and sexual identity under the FHA’s provision barring sex-based discrimination. Not to get too political, but I think most of us understand that today HUD is not likely to follow the 2021 directive. Intent of the FHA The FHA became law with the promise of eliminating housing discrimination and to promote more integrated, inclusive communities. It prohibits discrimination in the sale, rental, financing, advertising, or zoning of housing on the bases of protected class. The protected classes under the FHA are: Race Color National origin Religion Sex (including gender identity and sexual orientation) Disability Familial status (including homes with children under the age of 18, people who are pregnant, and families with adopted or foster children) Enforcement Department of Housing and Urban Development HUD enforces the provisions of the FHA through its Office of Fair Housing and Equal Opportunity (FHEO). Among its responsibilities, the FHEO: Investigates complaints Conducts compliance reviews of recipients of federal funding Initiates charges through administrative law judges Issues policy guidance Refers cases to the Department of Justice (DOJ) in cases of systemic discrimination The Department of Justice DOJ enforces its responsibilities under the FHA through its Housing and Civil Enforcement Section. DOJ is responsible for the following housing discrimination issues: Pattern or practice cases involving widespread or egregious violations Lawsuits filed in federal court seeking injunctive relief, monetary damages, and civil penalties Criminal cases involving harassment, violence, or threats that interfere with housing rights Accepts referrals from Hud in cases of failed conciliation or serious systemic allegations Summing up Enforcement In most cases, housing discrimination you face will be addressed by HUD. DOJ only gets involved when the discrimination involves at least several people, when HUD cannot resolve the discrimination, or when the discrimination involves criminality. As I have mentioned in previous episodes, like when we discussed our rights under Title II of the ADA, your state may also have an agency that can investigate housing discrimination. In some cases, your state agency may even partner with HUD in investigating Housing discrimination. Given today’s political realities, you may want to see if your state has its own housing laws and an agency that enforces them. If your state does have its own housing discrimination laws, you may want to consider filing with your state. In some cases, your state’s laws may provide greater protections than are provided under the FHA. If there is interest, I would be happy to discuss that possibility in a future episode. Scope The FHA covers nearly all forms of housing including: Privately owned rentals or sales Public housing and subsidized developments Mortgage lending and insurance Appraisals Homeowners associations Zoning decisions It prohibits discriminatory actions such as: Refusing to rent, sell, or negotiate Setting different terms or conditions Making discriminatory advertisements or statements about housing Steering people to different areas Failing to make reasonable accommodations for disabled people Discrimination may be intentional or unintentional. I understand some of the terms discussed above may be confusing. If you have specific questions about who is covered and/or what acts or practices are covered, I can revisit any of that in future episodes. Again, this episode is intended to be a brief introduction. Impact on People with Disabilities The FHA affords those of us with disabilities the following protections: Reasonable Modifications of existing Premises Reasonable Accommodations Design and Construction Requirements Assistance Animals Reasonable Modifications of Existing Premises What we are talking about here is the need to make changes to an existing home so that it is more accessible to a disabled person. Think about someone needing to add grab bars in the bathroom to make using the toilet, shower, or tub more accessible. In these cases, the disabled person cannot be denied the opportunity to have the accessibility improvements made, but the cost of those improvements is entirely the responsibility of the disabled person. Even worse, landlords can insist the disabled person have the accessibility improvements removed when they leave the home. When the landlord insists the accessibility improvements be removed, the cost of removing the accessibility features is also entirely the responsibility of the disabled person. Additionally, the landlord can require the disabled person to establish an escrow account to ensure funds will be available to restore the premises to its prior, less accessible state. The landlord may also condition approval of the modification on the disabled person providing a description of the work to be done and assurances that the work will be done correctly. These requirements are a huge part of the reason why so few homes are accessible to people with mobility devices and why people using mobility devices have an incredibly difficult time finding accessible housing. To make sure there is no confusion, I have used the term “home” in this section to keep things simple. But all housing covered by the FHA including houses, apartments, condos, and more are covered by these requirements. Reasonable Accom

    21 min
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About

This podcast educates people with disabilities about our legal rights and how to enforce them.

Information

  • Creator
    Jonathan Simeone
  • Years Active
    2022 - 2026
  • Episodes
    46
  • Rating
    Clean
  • Copyright
    © This podcast is the copyright of Jonathan Simeone.
  • Show Website
    Demand Our Access