Home - Disability Rights Iowa

Legal protection and advocacy.

Uncategorized

We Should Not Have to Risk Our Lives to Vote

by

While every election is important, the outcome of the November Presidential election promises to be a turning point for America. As a disabled individual, the next four years can drastically alter my participation in society. From Medicare to COVID-19 policies, any funding cuts for the disabled community can be life-threatening. The success of every disabled person depends on voters turning out to #CriptheVote and control our future. However, COVID-19 is significantly decreasing the opportunities for disabled individuals to vote safely and independently.

Voting in person poses a health risk for those with compromised immune systems. The simple solution is that disabled voters turn to absentee ballots or curbside voting. While I am extremely privileged to have this option, my family friend who is blind faces numerous obstacles. In June, she voted absentee successfully, but only because of her own ingenuity. My friend voted by using a magnifying glass with a paper ballot. This painstaking and belittling experience could have been easily avoided, but Iowa failed her.

For the 54,000 visually impaired Iowans, voting from home is completely inaccessible. Iowa offers large print voter registration forms, but that is the end of their accommodations. Visually impaired voters or those with fine motor issues rely on accessible voting machines at polling places to cast their ballot. However, multiple individuals touching this equipment while being exposed to several people at polling locations is extremely dangerous. Asking disabled voters to risk their lives when they could easily vote from home with accessible absentee ballots is ridiculous, ignorant, and inexcusable.

Accessible absentee ballots are blank ballots that can be sent electronically, read by a screen reader, and then filled out with marking tools on a computer. Once completed, these ballots can be printed and mailed like any other absentee ballot. These ballots can be sent through established systems, such as Democracy Live and Five Cedars, or a state’s online portal. This accessible technology guarantees that disabled individuals can vote privately and independently, as is required by the Help America Vote Act.

Some concerns within the technology community are that sending ballots through an online portal can be easily hacked. However, they completely ignore the fact that every state provides electronic ballots for military and overseas voters. Many states merely attach a ballot to an email for these voters, which is much more dangerous than systems being provided for the disabled community. For example, Democracy Live uses an AWS system which has a FedRamp certification. Systems with this certification are approved for use by federal security and intelligence agencies.

As Iowa already provides electronic ballots, they have the technology readily available to apply to the disabled community. COVID-19 has already forced abled-bodied individuals to move to telehealth, remote work, and online education, which were all previously denied for the disabled community. The disabled community deserves to receive the accommodations they need, when they need them. Not only after a global pandemic reveals that online alternatives are credible and successful. Accessible absentee ballots are the next step to ensuring the disabled community has equal access to the vote in November. As the largest minority group in America, the disabled community has the potential to overwhelm this election with our political ideas about our own bodies and lives. I vote because of my disability, but Iowa prohibits absentee voters because of their disabilities. Iowa must implement accessible absentee ballots to ensure all of my community can contribute their voices to our future.

Changes to Iowa’s Guardianship Laws

by

In the 2019 legislative session, the Iowa Legislature unanimously passed House File 610, which changes how guardianships and conservatorships in Iowa will be established and maintained. The goal of the new law is to improve protections for people who are under guardianship or are alleged to lack decision making capacity, since appointing a guardian for an adult means stripping them of some of their basic rights and freedoms. Here are a few things you should know about the new law if you are a guardian or a person who has a guardian.

New Terminology

The new law eliminates use of the term “Ward” and “Proposed ward.” It replaces “ward” with “protected person” and “proposed ward” with “respondent.”

Elimination of “Voluntary” guardianships

The old law distinguished between “voluntary” guardianships, where someone could agree that they need a guardian without a hearing, and “involuntary” guardianships where someone else assigned a guardianship through a hearing. This meant that vulnerable people could be coerced into consenting to guardianship and losing their rights without a hearing. Now, all new guardianships will require a hearing and reasons the guardianship is necessary. A person can still ask the court for a guardian, but a hearing must be held before anyone is appointed. For people who have existing voluntary guardianships that were set up before changes to the law, their guardianships will continue but may be subject to additional requirements.

Initial care plans

The new law aims to get guardians to think in detail about what they plan to do for the protected person, and make a plan. This means guardians have to give the court an initial care plan detailing how they will use their decision making authority and what their plan is for the protected person. In response to some confusion about how existing guardianships would be affected, the Supreme Court issued an order stating that, “Guardians […] have continuing authority to perform acts concerning the protected person that were authorized prior to January 1, 2020 through the date of the guardian’s previously scheduled annual report.” The Supreme Court has also provided an Initial Care Plan form that is mandatory for guardians who are filing reports without an attorney. Currently serving guardians should file this initial care plan with their next annual report.

Changes to annual reporting requirements

Under the old law courts could, and frequently did, set the reporting period for guardianships at three or five years, or in some cases waive reporting requirements entirely. This led to a lack of reliable records of actions taken by the guardian on behalf of the protected person, which can be a problem if there were ever any questions about the guardianship.. The new law requires annual reports on every guardianship, meaning that waivers or extended reporting periods are no longer permitted. Existing guardians must now file reports annually, but it is not clear whether those who previously had a waiver should file before the end of the year, or just begin with their next scheduled report. A guardian in this situation can call the clerk of court in their guardianship’s county and ask how the court would like them to proceed. As with the initial care plan, the Supreme Court also issued a form for annual reporting.

Background checks

As of January 1, 2020, all new prospective guardians will have to undergo a background check for criminal history, sex offenses, and abuse registries. Courts can review the results of background checks when deciding whether to appoint a guardian – there is nothing that automatically disqualifies a person from serving. This requirement does not affect guardians who were appointed prior to January 1, 2020.

This information is not legal advice. Individuals should contact an attorney for advice on their specific situation before proceeding.

Caucus Access for All

by

This Fourth of July, Americans will come together to celebrate our independence and the incredible patriots who made it possible. But those patriots were not just wealthy landowners in powdered wigs. Patriots come in all shapes and sizes. They are found on our battlefields, in the backs of buses, or in the hallways of a nursing home. They are anyone who holds in their heart the values of independence for all and insist on making those values central to the American experience. And two such patriots helped to provide the independence for a generation of people with disabilities

This month people with disabilities celebrate our own landmark of independence, the Supreme Court’s Olmstead Decision. Two women with mental health challenges had long sought to live and work in the community, and were continually denied that opportunity. Forced to living in a hospital setting despite these wishes, they went to court and fought for their right to receive government services in a setting of within the community, a right to the essential supports that allow people with disabilities to live lives of their choosing. Such a decision is what allowed thousands of American’s with disabilities to leave nursing homes, and live as fully independent members of the community.

As we celebrate our independence this week, we must take the time to think of the millions for whom it remains is an elusive, unreachable goal. Take time to acknowledge those who remain needlessly segregated and restricted in institutions, live under unnecessary guardianships or even feel just by being a person with a disability that their choices are less important. Independence was won by those who came before us and must be won continually, an evolution which will allow our nation to one day finally embody the lofty principles on which it was founded.

But we also have time to be thankful for how far we have already come. To think of those brave women who made the Olmstead Decision possible, and in doing showed as a way to our independence. People with disabilities and our nation made better for their bravery.

Ten Ways Public Establishments Can Become #IAccessible

by

Nearly 30 years after the initial passing of the Americans with Disability Act (ADA), navigating public spaces is still a challenge for those living with a disability. DRI has worked with the Access Earth app in order to draw attention to local businesses that are and aren’t accessible and why. The app allows individuals to rate and review restaurants, bars, shops, hotels, parks, and more to check their accessibility.

What the app uncovered was while some establishments in Iowa are making a clear effort to become more accessible, others are sorely lacking.

Here are 10 things that public establishments in Iowa can do better in order to become #IAccessible.

  1. Lower the counter and table heights.

Although they seem to be all the trend right now, having high countertops and tables for your restaurant or bar is in no way inclusive. For restaurant seating to be accessible, it needs to be between 28 and 34 inches and have a knee space of 30 inches wide and 27 inches high. This is the one time where raising the bar isn’t a good thing.

  1. Update entryways.

An essential for all establishments, all entryways should be accessible. Step free access (a ramp) or lift access (don’t lock the lift) should be in place, along with a accessible parking spaces and a ground level lobby and restroom.

  1. Create and print Braille menus and information sheets.

Having a handful of Braille menus and information sheets on hand at your establishment will never be a bad idea. Additionally, having menus and information sheets printed in a large font will ensure that elderly individuals and those will sight issues will be able to navigate through their experience at your establishment.

  1. Update restrooms.

All restrooms should be on the first floor, just for the convenience of all guests. Additionally, a accessible restroom stall should have two grab bars (one behind the toilet, one on the side), stall handles, a 5-foot by 5-foot area to move in, and a low sink. Without these things, a restroom isn’t truly accessible.

  1. Ensure everyone can respond to an emergency signal.

An emergency signals must have flashing lights and audible signals to alert all consumers. Additionally, all permanent signs must have raised letters or Braille text. These two items allow those with a disability to feel safe, even during an emergency situation.

  1. For parks, ensure there are ramps.

A ramp option should be in every level of a park, not just one or two. This allows all individuals to participate in all activities at the outdoor attraction. Additionally, if there are docks in the park, ensure that those are accessible.

  1. For hotels, make an effort.

There are many items that a hotel needs to have in place to ensure that their rooms are accessible. These include, but are not limited to, having a low hanging space in a closet, ensuring that there is room to maneuver on each side of a bed, and having a roll in shower available. Without these items, those with mobility issues will not be granted a pleasurable or relaxing experience.

  1. Always have an elevator on the first floor of an establishment.

If an elevator is in the establishment, ensure that it’s on the first floor. This eliminates the difficult journey from a flight of stairs to an elevator in order to get from Place A to Place B.

  1. Train staff to understand their establishment’s accessibility options.

All members of a staff should be aware of the accessibility options in their place of work. Whether it be where the handicapped restroom is or where a party with a wheelchair user can sit, everyone on staff should be able to assist with these inquiries.

  1. Nothing about us, without us.

It sounds like common sense, but it’s important to ask those actually living with a disability about what changes they would like to see from your business. This will ensure that the changes made will be useful and effective.

Access Iowa

by

I’m an Iowa boy. At 29, I’ve spent 24 years calling Iowa home. I grew up here, went to college here, and now I’ve settled down and chose to call this place home. But, for all that I love about Iowa, I can never shake the feeling that this state doesn’t know I exist.

Like anyone who has mobility challenges, inaccessibility has been a pervasive and begrudgingly accepted part of my life. When I go on walks with friends, I often lead us on winding, nonsensical paths because it is the only accessible route. When heading out to restaurants, my choices are driven by the accessibility of the restaurant bathroom, or if I can even get through the door. Sadly, these choices are common for people with disabilities.

We shop based on whether the clerk will make a scene when helping someone who is deaf. We favor Lyft or Uber based on how many times drivers have speed away to avoid having to transport our service dog. We twist and turn a million little ways to navigate a city that fails so often to accommodate us. It feels as though access is the exception rather than the rule, our needs an afterthought, if considered at all. When people with disabilities aren’t allowed access, we don’t disappear, we struggle, and push forward, reaffirming our right to live full, self-directed lives, regardless of the barriers in our way.

As Iowa continues to grow and develop, as our towns and cities transform to meet the changing needs of their citizens, we demand that they be accessible and inclusive for all. Our state will only be welcoming to people with disabilities if we make clear we won’t settle for less, if we insist that our leaders make universal, accessible design a key component of Iowa’s future.

That is why I’m so excited that Disability Rights Iowa and Access Earth are giving Iowans a new way to demand access state-wide by sharing which places are welcoming and accessible. Join Disability Rights Iowa this summer during our #IAccessbile campaign as we highlight how technology is empowering people with disabilities to address barriers wherever they find them!

As a community, we can fulfill the promise that the American’s with Disabilities Act represents. Inclusive, accessible communities benefit everyone. Please share your stories, talents and energy to spur change as we make Iowa #IAccessible!

DRI to Launch Accessibility Awareness Campaign #IAccessible

by

This Fourth of July, Americans will come together to celebrate our independence and the incredible patriots who made it possible. But those patriots were not just wealthy landowners in powdered wigs. Patriots come in all shapes and sizes. They are found on our battlefields, in the backs of buses, or in the hallways of a nursing home. They are anyone who holds in their heart the values of independence for all and insist on making those values central to the American experience. And two such patriots helped to provide the independence for a generation of people with disabilities

This month people with disabilities celebrate our own landmark of independence, the Supreme Court’s Olmstead Decision. Two women with mental health challenges had long sought to live and work in the community, and were continually denied that opportunity. Forced to living in a hospital setting despite these wishes, they went to court and fought for their right to receive government services in a setting of within the community, a right to the essential supports that allow people with disabilities to live lives of their choosing. Such a decision is what allowed thousands of American’s with disabilities to leave nursing homes, and live as fully independent members of the community.

As we celebrate our independence this week, we must take the time to think of the millions for whom it remains is an elusive, unreachable goal. Take time to acknowledge those who remain needlessly segregated and restricted in institutions, live under unnecessary guardianships or even feel just by being a person with a disability that their choices are less important. Independence was won by those who came before us and must be won continually, an evolution which will allow our nation to one day finally embody the lofty principles on which it was founded.

But we also have time to be thankful for how far we have already come. To think of those brave women who made the Olmstead Decision possible, and in doing showed as a way to our independence. People with disabilities and our nation made better for their bravery.