U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties

1. U.S. Department of Homeland SecurityOffice for Civil Rights and Civil Liberties The Emerging Landscape - The Law Related to People with Disabilities and Emergency Preparedness and Response Webinar Part 1: Individuals with Disabilities, Family Members, and Service Providers

2. Presentation Topics • Key Laws • Antidiscrimination Principles • The Emerging Landscape • Resources

3. Learning Objectives • What are the key legal obligations that apply during emergencies? • What should happen and not happen in emergency preparedness, response, and recovery? • What is my responsibility to be prepared? • How can I get involved in community preparedness? Women using wheelchair provides testimony at Public Forum.

4. Key Laws Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990 • Forbids federal agencies, recipients of federal funding, state and local governments, and many private entities from discriminating against individuals on the basis of disability. Unless an undue burden would result, programs must be accessible to and usable by individuals with disabilities, and employers must provide reasonable accommodations to employees with disabilities. Public accommodations and government buildings generally must be architecturally accessible, as must transportation systems. Programs and public accommodations must communicate effectively with persons with disabilities.

5. Key Laws Fair Housing Act of 1968 Prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin.  Its coverage includes housing, regardless of type of funding, including privately owned housing, housing that receives Federal financial assistance, and housing owned or operated by state and local governments. Prohibits discrimination in any aspect of selling or renting housing or denial of a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence.  Prohibits discrimination in the terms, conditions, or privileges of a rental or sale as well as the provision of services or facilities in connection with a dwelling.  Other covered activities include, financing, zoning practices, new construction design, and advertising.

6. Key Laws Architectural Barriers Act of 1968 Requires buildings and facilities that are designed, constructed, or altered with certain Federal dollars, or leased by Federal agencies, to comply with accessibility standards issued by the U.S. Department of Defense, the U.S. Department of Housing and Urban Development, the U.S. General Services Administration, and the U.S. Postal Service.  The design and construction standards for the ABA apply to new and altered and leased facilities. These standards for accessibility do not address the activities conducted within ABA covered buildings and facilities. The law covers a wide range of buildings and facilities, including post offices, Social Security offices, prisons and national parks.  It also applies to non-government facilities that have received Federal funding, such as certain schools, public housing and mass transit systems.

7. Key Laws Communications Act of 1964 Requires manufacturers of telecommunications equipment and providers of telecommunications services to ensure that such equipment and services are accessible to and usable by persons with disabilities, if readily achievable. Generally, as of January 1, 2006, 100% of new English language programming must be closed captioned, subject to certain exceptions. Also requires that video programming distributors providing emergency information in the audio portion of programming must provide persons with hearing disabilities with the same access to such information that distributors provide to listeners, either through a method of closed captioning or by using another method of visual presentation.  Likewise, emergency information provided in visual format must be presented audibly to be accessible to persons with vision disabilities.

8. Key Laws Robert T. Stafford Disaster Relief and Emergency Assistance Act Requires that federal relief and assistance activities following a presidentially declared disaster be equitable and impartial, without discrimination on the basis of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status.

9. Two photos depicting 1. individuals impacted by disasters (left photo) and 2 individuals who are becoming an active part of the response (right photo)

10. Antidiscrimination Principles Self-Determination - People with disabilities are the most knowledgeable about their own needs. • Whenever choices are available, people with disabilities have the right to choose their shelter location, what type of services they require, and who will provide them.

11. Antidiscrimination Principles • No “One Size Fits All” - People with • disabilities do not all require the same • assistance and do not all have the same needs. • Many different types of disabilities affect people in different ways. Preparations should be made for individuals with a variety of functional needs, including individuals who use mobility aids, require medication or portable medical equipment, use service animals, need information in alternate formats, or rely on a care giver.

12. Antidiscrimination Principles • Equal Opportunity - People with disabilities • must have the same opportunities to benefit • from emergency programs, services, and • activities as people without disabilities • Emergency recovery services and programs should be designed to provide equivalent choices for people with disabilities as they do for individuals without disabilities.  This includes choices relating to short-term housing or other short- and long-term disaster support services.

13. Antidiscrimination Principles • Inclusion - People with disabilities have the right to • participate in and receive the benefits of emergency • programs, services, and activities provided by • governments, private businesses, and nonprofit • organizations. • Inclusion of people with various types of disabilities in planning, training, and evaluation of programs and services will ensure that this population is given appropriate consideration during emergencies.

14. Antidiscrimination Principles • Integration - Emergency programs, services, and • activities typically must be provided in an integrated • Setting. • The provision of services such as sheltering, information intake for disaster services, and short-term housing in integrated settings keeps individuals connected to their support system and caregivers and avoids the need for disparate service facilities.

15. Antidiscrimination Principles • Physical Access - Emergency programs, services, and • activities must be provided at locations that all people • can access, including people with disabilities. • People with disabilities should be able to enter and use emergency facilities and access the programs, services, and activities that are provided.  Facilities typically required to be accessible include:  parking, drop-off areas, entrances and exits, security screening areas, toilet rooms, bathing facilities, sleeping areas, dining facilities, areas where medical care or human services are provided, and paths of travel to and between these areas.

16. Antidiscrimination Principles • Equal Access - People with • disabilities must be able to • access and benefit from • emergency programs, • services, and activities • equal to the general • population. • Equal access applies to emergency preparedness, notification of emergencies, evacuation, transportation, communication, shelter, distribution of supplies, food, first aid, medical care, housing, and application for and distribution of benefits. Woman using a wheelchair signs up for disaster assistance in Houston Astrodome. (Hurricane Katrina, 2005)

17. Antidiscrimination Principles • Effective Communication -People with disabilities • must be given information comparable in content and • detail to that given to the general public, as well as • accessible, understandable, and timely. • Auxiliary aids and services may be needed to ensure effective communication.  These may include pen and paper or sign language interpreters through on-site or video interpreting for individuals who are deaf, deaf-blind, hard of hearing or have speech impairments.  Individuals who are blind, deaf-blind, have low vision, or have cognitive disabilities may need large print information or people to assist with reading and filling out forms.

18. Antidiscrimination Principles • Program Modifications - People with disabilities must • have equal access to emergency programs and • services, which may entail modifications to rules, • policies, practices, and procedures. • Service staff may need to change the way questions are asked, provide reader assistance to complete forms, or provide assistance in a more accessible location.

19. Antidiscrimination Principles • No Charge - People with disabilities may not be • charged to cover the costs of measures necessary to • ensure equal access and nondiscriminatory treatment. • Examples of accommodations provided without charge to the individual may include ramps, cots modified to address disability-related needs, a visual alarm, grab bars, additional storage space for medical equipment, lowered counters or shelves, Braille and raised letter signage, a sign language interpreter, a message board, assistance in completing forms, or documents in Braille, large print, or audio recording

20. Antidiscrimination Principles • The Developmental Disabilities Assistance and Bill • of Rights Act promotes: • Self-determination, independence, productivity, integration and inclusion • Apply to living, learning, working, and enjoying life in the community

21. Demographic Trends • Increasing aging and Diversification of the population • Increasing preference for home and community based living • Increasing importance of real time communication • Increasing reliance on electrical power • Increasing reliance on assistive technology

22. Factors in the Future • Intensity and frequency of natural disasters • Populations living in high hazard areas • Density of population - exposure to hazards • Living in the post-9/11 world

23. The Importance of Preparedness • Rising expectations for emergency services • The temptation to relinquish personal responsibility • The cavalry will come, but later • Emergency services as the last resort

24. Making Preparedness “Natural” • Living - preparedness at home, making the goal achievable • Learning – preparedness at school, IEP goals • Working – preparedness in the work place, the OEP • Enjoying Life – preparedness in places of public accommodation, knowing the plans

25. Becoming Involved • Becoming a Resource To: • Emergency managers • Voluntary organizations active in disasters • Citizen Corps and other community associations • Disability advocacy and service organizations Woman using wheelchair and service dog, wearing emergency equipment, participates in community emergency training exercise.

26. Becoming Involved • It’s a disaster, but it’s still the law… • What laws apply to what parties • Resist the quick-fix approach • The shift to “access and functional needs” • Disability integration in emergency operations • Defining the “whole community”

27. Resources • DOJ ADA Best Practices Toolkit: www.ada.gov/pcatoolkit/chap7emergencymgmt.htm • Accommodating Individuals with Disabilities in Disasters: www.fema.gov/oer/reference.htm • Disability and Emergency Preparedness Resource Center: www.DisabilityPreparedness.gov. • FEMA’s Office of Disability Integration and Coordination www.fema.gov/about/odic/ • Federal Disability Portal www.Disability.gov

28. Speaker Contact Information Brian S. Parsons, MPA, MUEP Senior Policy Advisor Office for Civil Rights and Civil Liberties U.S. Department of Homeland Security Office: 202-357-7787 E-mail: brian.parsons@dhs.gov