Demand Our Access

Jonathan Simeone
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Demand Our Access

As a blind lawyer, I'm passionate about those of us with disabilities understanding our legal rights and how to enforce them. Please subscribe to the Demand Our Access podcast to learn about our rights as people with disabilities. By enforcing your individual rights, you can make things better for our whole community.

  1. NOV 16

    What do do When You Face Discrimination at Work

    My Mastodon Handle In case anyone is interested, I joined Mastodon. My handle is @JonathanSimeone@caneandable.social. All of the posts I make to the Demand Our Access website will automatically be shared to my Mastodon account. I look forward to meeting you on Mastodon. 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 will briefly recap Title I of the Americans with Disabilities Act (Title I) before discussing steps you should take in case you face discrimination at work. If you have any comments or questions about this episode, you can complete the contact form on the Demand Our Access website, or you can email me at Jonathan@DemandOurAccess.com. For more information about Title I, visit the page called ADA Title I Information. If you are concerned as to how recent political events will affect the ability of people with disabilities to have concerns of discrimination addressed by the federal government, I will be covering that in the next episode. That episode will be live on ACB Community on Saturday, December seventh at 2:00 PM EST. It will be posted to Demand Our access shortly after it is presented live. As I have said several times before, there is no way to cover this kind of material without using words like "impaired" that many of us in the disability community don't use. I'm using words like "impaired" here because those are the words used in the law. Whether we like it or not, when communicating about the law we are required to use terms that are outdated. Maybe someday the ADA will be revisited and the updated law will provide for meaningful enforcement and be written in modern language. For now, we have to discuss the law as it has been written. Briefly Recapping Title I Our brief recap of Title I is based on the rules defining compliance with Title I as set forth by the Equal Employment Opportunity Commission (EEOC) in 29 C.F.R. § 1630. To make this presentation easier to follow, I'm not going to mention the exact citations to different sections of the Code of Federal Regulations. If you are interested in the citations, you can find them in the episodes where I discussed Title I. I decided that the term "covered entity", while used in the Code of Federal Regulations, may be too confusing for people just learning about Title I. So, I have decided to replace the term "covered entity" with the term "employer". While I'm doing this to make the presentation easier to follow, it must be remembered that not all employers are covered by Title I; for example, if an employer employs fewer than 15 employees that employer is not covered by Title I. If you heard either of the episodes where I discussed Title I in greater detail, some of this will be review for you. I have included what I believe are some of the most important things to know about our rights under Title I here so if someone listens to this episode prior to listening to the episodes on Title I, some of the information they will need is here. Important Concepts For an employer to be covered byTitle I, it must have at least 15 employees. The United States government is not subject to the provisions of Title I; however, Section 501 of the Rehabilitation Act of 1973 provides similar protections for federal positions. To be clear, state and local governments are covered by Title I. If you work or you are interested in working for a state or local government, what I am covering here applies to you. Private membership clubs (excluding labor organizations...

    39 min

  2. NOV 3

    Using AI to Advocate and Learn About the Law

    Introduction As the title indicates, this episode is about using artificial intelligence (AI) to advocate for our legal rights and to learn more about the law. Specifically, I demonstrate using AI to find who to contact when you need to make an ADA request of your local government, having AI draft the substance of an ADA request, and using AI to learn more about the law. All demonstrations were done using ChatGPT. Since some people don't want to pay for ChatGPT, I demonstrate these tasks in the free version too. Important Notes on ChatGPT ChatGPT is a tool that can make doing things faster and more efficient. ChatGPT makes mistakes. Don't use it to do important work for you unless you can check its results. For making an ADA request, ChatGPT doesn't need to be perfect. It only needs to communicate the basics of a request. The paid version of ChatGPT provides much better, faster responses than does the free version. The free version will make developing an accommodations request easier, especially if you don't know how to make an accommodations request. Why I Won't Share Exact Prompts In thinking about it, I decided I couldn't share exact prompts here as suggestions for you. I can't share exact prompts here because the responses ChatGPT provides depends on a number of factors including: how often you use it; how often you have asked it to perform tasks similar to what you would be asking it to do when making an accommodations request; and what information you need it to provide. As an example, finding the ADA coordinator for Boston, MA is significantly easier than is finding the ADA coordinator for Leander, TX, as the recording demonstrates. Since I don't think providing exact prompts will work, I want to strongly encourage you to try using ChatGPT, whether you have the paid or free version) to help you develop an accommodations request under the ADA. If you try using ChatGPT to make an accommodations request or to learn more about the law, please let me know. I would appreciate hearing about your experiences. Important Notes On ChatGPT's capabilities The paid version can create a sample request in different formats, including Word. The free version cannot provide sample text in different formats, but you can paste its sample text into the app of your choice. The paid version can provide actual names of people holding different positions. The free version does not give specific contact information. The paid version can be customized to learn how you want it to work. The free version cannot be customized. Conclusion I strongly believe AI can do much to help all of us make ADA requests and learn more about our legal rights. If you are interested, I urge you to give ChatGPT a try. You may find that by using it you are more comfortable making ADA requests and you may be more willing to demand your access.

    42 min

  3. OCT 23

    Section 504 of the Rehabilitation Act of 1973

    About Me It has been more than two years since I shared a little about me in one of these episodes. So, I am going to do it here for the benefit of people who have started listening since I last shared a bit about myself. Education and Certifications I have a law license from Massachusetts. I am a certified ADA coordinator. I am a certified Professional in Accessibility Core Competencies’. I am a member of the ADA Trainer Leadership Network. Professional Background I am the disability analyst for Portland Parks & Recreation in Portland, Oregon. Previously, I was the ADA Title II disability policy analyst in Portland’s Office of Equity and Human Rights. I was a contract attorney for Disability Rights Advocates in Berkeley, California. I was a staff attorney for the then American Bar Association’s Commission on Mental and Physical Disability Law. A Few Personal Things I was born totally blind. I am a member of the American Council of the Blind. I live in Oregon with my wife Desiree and the two youngest of my three stepdaughters. I an a huge sports fan, especially baseball. I am an avid reader and writer. While I enjoy learning about assistive technologies, I know Desiree knows more about them than me. I love animals. We have two cats, Rain and Yoyo. 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. Resources The provisions of Section 504 are set forth in 10 C.F.R. § 4. The Department of Justice’s Guide to Disability Rights Laws has a good description of Section 504. The Department of Education also has an informative page on Section 504. As always, any resources discussed in this episode will be linked to when the episode is posted to the Demand Our Access website. Section 504 Introduction Section 504 of the Rehabilitation Act of 1973 (Section 504) is a landmark civil rights law that prohibits discrimination based on disability. It was designed to ensure those of us with disabilities are not excluded from, denied the benefits of, or subjected to discrimination under any program or activity that receives federal financial assistance. Section 504 laid the foundation for future disability rights legislation in the United States, most notably the Americans with Disabilities Act (ADA). History of Section 504 The Rehabilitation Act of 1973 was signed into law by President Richard Nixon on September 26, 1973. Although the act as a whole aimed to provide support for people with disabilities in areas such as employment and independent living, it was Section 504 that specifically addressed civil rights. The language of Section 504 was groundbreaking, as it introduced the concept of accessibility for people with disabilities into federally funded programs and activities, essentially stating that people with disabilities should be treated the same as those without disabilities. Section 504 was modeled after earlier civil rights laws, such as Title VI of the Civil Rights Act of 1964, which prohibited discrimination based on race, color, or national origin in federally funded programs. By extending civil rights protections to people with disabilities, Section 504 marked a turning point in the disability rights movement. While the law was passed in 1973, its implementation was delayed for several years due to opposition from various government agencies. It wasn't until a series of protests by disability rights activists, including the historic 504 Sit-ins in 1977, that regulations enforcing Section 504 were issued by the U.S. Department of Health,

    19 min

  4. OCT 23

    Advocating for the Rights of Disabled Parents

    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 covering how disabled parents can advocate for their rights to be accommodated by the schools of their children. Since public schools are covered by Title II of the Americans with Disabilities Act (Title II) and private schools, except most religious schools, are covered by Title III of the Americans with Disabilities Act (Title III) I will briefly recap important concepts under both title II and Title III. For more information about Titles II and III respectively, please visit the pages entitled ADA Title II Information and ADA Title III Information. Links to both pages will be in the episode notes when this episode is posted to the Demand Our Access website. Additionally, you may also want to review the episode called Effective Communication under Titles II and III. That, too, will be linked in this episode when it is posted to the website. If you have any comments or questions, please use the contact form on the Demand Our Access website, or email me at Jonathan@demandouraccess.com. Recapping Titles II and III For those of you who heard the episode Advocating for Our Rights under Title II and/or heard the episode Advocating for Our Rights Under Title III, the review materials here will not be new. I have included them here, though, so if someone needs what I believe is the most important information to advocate for their rights as a disabled parent, all of that information will be in one place. Recapping Title II Since this is only a recap of our rights under Title II, I have chosen to cover only accommodations and modifications under Title II and effective communication under Title II. I have chosen these two topics because requests for accommodation and/or modification are how we get our rights under Title II and most requests for accommodation made under Title II relate to effective communication. Requests for Accommodation or Modification Requests for Modification I'm beginning with a discussion of modifications because they are more straightforward. When you request a modification, you are requesting a state or local government modify an existing policy, practice, or procedure to enable you as a disabled person to participate. Here are some examples of when you may need to request the modification of a policy, practice, or procedure from a state or local government: If a city has a policy that electric vehicles are not allowed in a park, someone using an assistive mobility device would have the right to have the policy modified so they can use their wheelchair in the park. If a state has a policy banning all animals from a museum, the handler of a service animal would need to request a modification to that policy allowing service animals to enter the museum. If a county has a policy requiring paper applications be completed by someone needing benefits, people with any number of disabilities would have the ability to request the policy be modified. Requests for Accommodation Requests for accommodation cover anything that does not involve the modification of a policy, practice, or procedure. Here are some examples of accommodations: If someone requests a sign language interpreter, they are requesting an accommodation. If someone requests an accessible electronic document, they are requesting an accommodation. If someone requests assistance in completing a print form, they are requesting an accommodation. If someone requests a public meeting be moved to...

    41 min

  5. SEP 22

    Advocating for Our Rights Under Title III

    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. Advocating for Our Rights Under Title III Introduction As a refresher, Title III of the Americans with Disabilities Act (Title III) applies to businesses and nonprofits. In this episode, I will briefly recap important concepts under Title III. I will then discuss the steps I take when I need to advocate with a business or a nonprofit under Title III. I will also include a sample writing you can use when you need to advocate under Title III. Although the sample I am including will be intended to be written, if you are more comfortable talking to someone about your rights under Title III, the sample text I have included could be used as talking points for you in a discussion that takes place over the phone or in-person. As always, I will include important links when this episode is posted to the Demand Our Access website. If you have any questions or comments about this episode, you can feel free to reach me through the contact form at the Demand Our Access website, or you can email me at Jonathan@DemandOurAccess.com. Recapping Title III Since this is intended to be a vrief recap of Title III, I am going to focus on which entities are covered by Title III and provide a quick reminder about surcharges. I have made the entities covered by Title III the focus of this brief review, because you need to understand which entities are covered by Title III prior to contacting a particular entity to advocate for rights. If you want to learn more about Title III, please check out Basics Under Title III and Basic Under Title III continued. Coverage General Provisions Title III covers: Places of public accommodation Commercial facilities Examination and courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade, purposes Title III also covers private entities primarily engaged in transporting people, but those regulations are produced by the Department of Transportation and will not be discussed in this episode. Public Accommodations The whole range of Title III requirements apply to entities the Department of Justice calls public accommodations. In order to be considered a public accommodation an entity must be private and it must own, lease, lease to, or operate a place of public accommodation. Defining a Place of Public Accommodation A place of public accommodation is a facility whose operations: Affect commerce And fall within one of the following 12 categories: Places of lodging (e.g., inns, hotels, motels) (except for owner-occupied establishments renting fewer than six rooms Establishments serving food or drink (e.g., restaurants and bars Places of exhibition or entertainment (e.g., motion picture houses, theaters, concert halls, stadiums Places of public gathering (e.g., auditoriums, convention centers, lecture halls Sales or rental establishments (e.g., bakeries, grocery stores, hardware stores, shopping centers Service establishments (e.g., laundromats, dry-cleaners, banks, barber shops, beauty shops, travel services, shoe repair services, funeral parlors, gas stations, offices of accountants or lawyers, pharmacies, insurance offices, professional offices of health care providers, hospitals Public transportation terminals, depots, or stations (not including facilities relating to air transportation Places of public display or collection (e.g., museums, libraries, galleries Places of recreation (e.g., parks, zoos,

    27 min

  6. SEP 13

    paratransit

    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 discussing paratransit. This episode will cover only topics related to how paratransit affects people with disabilities. I will not be covering any of the requirements that assist local governments in implementing their paratransit program. The information related to paratransit has been codified by the Department of Transportation (DOT) in 49 C.F.R § 37.121.133. The link in the episode notes goes to 37.121. You can use the Next button to navigate to each subsequent section. Alternatively, you can access the entirety of 49 C.F.R. § 37. If you access part 37, the sections related to paratransit are set forth in subsection F. The subsections are at the heading two level. So, you can find subsection F by navigating the page by the heading level two. Important Definitions The important definitions are set forth in 49 C.F.R. §37.3. Note, the definitions set forth in subsection 37.3 apply to the whole of part 37 (not just the paratransit requirements). I have included the link so you can check out the definitions on your own. If you want to learn more about terms I have not defined here, the definitions section is the place to go. Here are what I believe to be the important definitions related to paratransit. To make this easier to follow I have chosen to edit and/or summarize the definitions: Paratransit means comparable transportation service required by the ADA for individuals with disabilities who are unable to use fixed route transportation systems. A fixed route system is your local bus or train service that operates on a fixed schedule and has fixed routes. Commuter bus, commuter rail, or intercity rail systems are not fixed route systems. Oregin-to-destination means providing service from the place where a passenger is picked up and transporting them to their destination. Paratransit may be provided as either a curb-to-curb service or a door-to-door service. The choice is made by your local paratransit provider. When a paratransit provider chooses curb-to-curb service, it must generally provide additional assistance to passengers who need assistance beyond the curb to use paratransit. Nondiscrimination The nondiscrimination provisions are set forth in 49 C.F.R. § 37.5. I will cover two of them here: If paratransit is provided, you cannot be required to use it if you choose to use regular public transit. You cannot be required to be accompanied by an attendant. Paratransit Paratransit Eligibility The specific eligibility requirements related to paratransit are set forth in 49 C.F.R. § 37.123(e). I am not going to reproduce those here, because I suspect most people listening are eligible for paratransit. But there are a few things related to paratransit eligibility I want to mention: If an individual meets the eligibility criteria with respect to some trips but not others, the individual shall be paratransit eligible only for those trips for which they meet the criteria. A personn eligible for paratransit service can typically only take one additional person with them. If a person eligible for paratransit service has a personal care attendant, they can take their personal care attendant and one other person on the trip. A family member or friend traveling with a person eligible for paratransit service is not considered a personal care attendant unless they register as a personal care attendant. Additional individuals accompanying the paratransit eligible indi...

    24 min

  7. SEP 9

    Advocating for Our Rights Under Title II of the ADA

    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 the nearly two years I have been working on the Demand Our Access Project, I have covered many different aspects of the law. As I have repeatedly said, I am doing the Demand Our Access project because I strongly believe the best way for those of us with disabilities to achieve more equitable outcomes in society is for us to understand and enforce the legal rights we have. So, it's time for us to spend dedicated time discussing how to advocate for ourselves and our community by using the lega rights we do have to achieve better outcomes for us as individuals and for our community as a whole. This episode will be the first in a series of episodes where we discuss how to effectively advocate for better outcomes by using the legal rights we have covered in the previous episodes of Demand Our Access. Our first episode on advocating for our rights will cover state and local governments. Specifically, I'm going to go through the steps I take when I need to advocate for my civil rights with my state or local government. We are starting with state and local governments for three reasons: Those of us with disabilities have more protections when we face discrimination from a state or local government than we have when we face discrimination by a corporation. State and local governments are covered by Title II of the ADA (Title II), which was the first substantive topic I presented through the Demand Our Access project. Many in our community rely on state and local governments for critical services in ways they do not need to rely on corporations. Since basics under Title II of the ADA was covered nearly two years ago and because that episode didn't expressly discuss accommodations and modifications under Title II, I'm going to briefly recap some of the rights afforded us under Title II. Then, I will move into the ways I advocate under Title II. I will include a sample request that I hope helps you understand how to make a request of a state or local government under Title II. Recapping Title II Since this is only a recap of our rights under Title II, I have chosen to cover only accommodations and modifications under Title II and effective communication under Title II. I have chosen these two topics because requests for accommodation and/or modification are how we get our rights under Title II and most requests for accommodation made under Title II relate to effective communication. This recap of our rights under Title II will not provide any citations to the law or Department of Justice guidance. To learn more about Title II, please check out the episode Title II Basics. Requests for Accommodation or Modification In putting together the Basics Under Title II episode, I decided not to cover requests for accommodation or modification. At the time, I believed people knew they had a right to request things of their local governments, and I didn't want to make the episode any longer than it was already. Nearly two years later, I now believe that I need to provide people more exact language when helping them learn to get their rights met by state and local governments. The reason for my change of heart is simple: I have come to realize that the more knowledgeable you sound in your request the more likely you are to have your request effectively addressed. Requests for Modification I'm beginning with a discussion of modifications because they are more straightforward. When you request a modification,

    28 min

  8. FEB 28

    Able Accounts

    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 or financial advice. Applying the law and/or determining investment strategies depends on the circumstances and events that comprise every situation. Since legal and/or financial advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal and/or financial advice. ABLE Accounts The Stephen Beck Jr. Achieving a Better Life Experience Act (ABLE Act) allows people with qualifying disabilities to establish tax-free financial accounts. I'm going to answer the questions I had about ABLE accounts when I began researching them. When I discovered what I am going to share with you, I couldn't wait to create my own ABLE account. I will take the questions in the order I believe makes the most sense. If you have any comments about ABLE accounts, feel free to contact me at Jonathan@DemandOurAccess.com or fill out the contact form on the Demand Our Access website. How do ABLE accounts affect Social Security Supplemental Income (SSI)? The most important thing about ABLE accounts for recipients of SSI to know is that the amount contained in your ABLE account up to $100,000 is exempt from SSI's $2,000 asset limit. This means that a person on SSI can actually save some money and use ABLE account funds to pay qualifying expenses without being too concerned about an asset limit. If the beneficiary is getting SSI, they can't have $100,000 in their ABLE account. If the value of an ABLE account reaches $100,000, the cash payments are stopped. As soon as the ABLE account is under $100,000, the beneficiary of the ABLE account can collect SSI payments without having to reapply for them. If I have an ABLE account, will I lose Medicaid? ABLE accounts (no matter how much they are worth) don't impact Medicaid eligibility. Even if SSI cash payments are suspended because an ABLE account hit $100,000, health care covered by Medicaid won't be lost. Will an ABLE account impact SNAP benefits? ABLE accounts are excluded from asset limits when someone applies for and/or gets SNAP benefits. How are ABLE accounts funded? Anyone can contribute to an ABLE account. Any money contributed to an ABLE account can't be deducted from the contributor's federal taxes. Some states do offer tax deductions for at least a portion if not the entire amount contributed to an ABLE account during the year. How much can be ConTributed to an ABLE Account Each Year? To keep this from getting too technical, I will tell you that generally the annual contribution to an ABLE account is limited to $18,000 for the 2024 calendar year. The amount that can be contributed annually is tied to the exclusion related to gift taxes. That means it will increase almost every year. The annual contribution limit covers every dollar contributed to the ABLE account during the year. So, if you contributed $10,000 of your own money and your mother contributed $8,000 your account would reach its annual $18,000 contribution limit for this year. There is an exception to the annual contribution limit for those people who do not have retirement plans through their work. Since that's not a typical situation, I'm not covering it here. But you should be aware of the fact that if you do not have a retirement plan through work, you could contribute more to your ABLE account than the typical contribution limit. How can funds withdrawn from ABLE accounts be spent? Any funds withdrawn from an ABLE account must be spent on a qualified disability expense (QDE). Qualified disability expenses can be broken down into 12 broad categories: Education Housing Transportation Employment training and support Assistive technology and related services Health

    27 min
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About

As a blind lawyer, I'm passionate about those of us with disabilities understanding our legal rights and how to enforce them. Please subscribe to the Demand Our Access podcast to learn about our rights as people with disabilities. By enforcing your individual rights, you can make things better for our whole community.

Information

  • Creator
    Jonathan Simeone
  • Years Active
    2022 - 2024
  • Episodes
    28
  • Rating
    Clean
  • Copyright
    © This podcast is the copyright of Jonathan Simeone.
  • Show Website
    Demand Our Access

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