ODA Update
June 11, 2001

Only 165 days until the November 23, 2001 deadline for the enactment of the Ontarians with Disabilities Act, as fixed by the Ontario Legislature. Despite all the major news going on at the provincial level, the Ontarians with Disabilities Act issue continues to get lots of media coverage. Here are recent examples: * CBC Radio 1's program "This Morning" on Friday, June 1, 2001 had an 18 minute interview with ODA Committee Chair David Lepofsky and former U.S. Congressman and author of the Americans with Disabilities Act Tony Coelho. Later that night,the Canadian Public Affairs Channel (CPAC) broadcast segments from the afternoon panel on the ODA at the Ottawa conference of the Ontario Association for Community Living. If you want to borrow a cassette recording of both of these events, which includes the OACL panel in full and not merely the portion aired on CPAC, send a request to Marg Thomas at thomasm@east.cnib.ca or phone (416) 480-7686. We have only a few copies and so we ask that you send the tape back within 10 days so others can borrow them. Feel free to copy the audio tape and share this with others. * A Toronto Star editorial on Monday June 11, 2001 about the need for more Ontario Government consultations on the proposed tax credit for tuition for private schools brought up the Ontario Government's record on consultations on the ODA. (See full text below) It stated about the current hearings on the proposed tax credit: "This is a charade. It's been compared to the 58 days of summer-long hearings in the mid-80s, when Grade 11 and 12 Catholic schools were given full funding. But that was a serious consultation. A truer comparison lies in another charade, the endless consultations on Ontarians with Disabilities legislation after the Mike Harris government wiped out existing legislation in 1995. Six years later, there's still no Ontarians with Disabilities legislation. But since the government obviously never planned to do anything, the Tories were quite prepared to consult until the cows, still munching away, come home." * The Sault Star for May 23, 2001 reported on activities in support of the ODA in Sault Ste. Marie during our Anniversary of Inaction. (See below) * The London Free Press ran a column on May 31, 2001 on accessible transit issues, which referred to the ODA issue. ODA Committee London Regional Contact, Cathy Vincent Linderoos had a letter to the editor published in the same newspaper on June 7, 2001 responding from the ODA perspective. See both articles below). * Among all the recent media attention surrounding the United States Supreme Court decision in the Martin Case under the Americans with Disabilities Act, regarding golfers with disabilities was an article in the Toronto Star on May 30, 2001. It included a response from the ODA perspective from ODA Committee chair David Lepofsky. (See below) That article includes a minor misquote. It suggests in error that Premier Harris promised the ODA when he was running for the position of Conservative Party leader. The Toronto Star had been told that Mike Harris promised the ODA when he was running for the position of Premier. ***** Toronto Star, Monday June 11, Page A18 Editorial Tax credit hearings a half-hearted charade A gaggle of MPPs spent several hours in a Holiday Inn in St. Catharines last week. They heard 16 people - eight pro and eight con - express views on the government's $3,500 private school tax credit. Then they were gone. Thus unfolded the first day of the two-week farce the Ontario government is staging on the most fundamental change in Ontario's school system since the 1840s. Today, it's Toronto's turn. Next Tuesday, it will be Ottawa's. Then it will all be done. Staged this truly is. The government ruled out night sittings. Instead of the usual, equal division of witnesses among all three parties, the government took half. Opposition witnesses learned the night before who would speak, when and where. In St. Catharines, 60 people tried to testify. Only 16 made it. Province-wide, nearly 1,000 have asked to testify so far. Maybe 100 or so will make it. Those who work days - such as most parents - are out of luck. This is a charade. It's been compared to the 58 days of summer- long hearings in the mid-'80s, when Grade 11 and 12 Catholic schools were given full funding. But that was a serious consultation. A truer comparison lies in another charade, the endless consultations on Ontarians with Disabilities legislation after the Mike Harris government wiped out existing legislation in 1995. Six years later, there's still no Ontarians with Disabilities legislation. But since the government obviously never planned to do anything, the Tories were quite prepared to consult until the cows, still munching away, come home. The school bill represents a huge change, rewarding with cash parents who take their kids out of public school. The government can only suffer if the public realizes how destructive the credit can be, taking $2 from public schools for every $1 paid in tax credits. Would it matter to hear more people? Of course it would. Ontarians deserve their say. More important, the government is caught in so many contradictions it clearly needs the public's help. It's imposed a process, however, that actually prevents the public from helping. It should call off the guillotine, extend the hearings and listen for a change. There's no hurry. Ontarians won't even be able to claim the credit for nearly two years. ***** Sault Star Wednesday May 23 Page B1 Disabilities organization builds brick wall to represent barriers SUPPOSE you were blind but gifted in other ways. Or deaf but more proficient with a computer than most people. Still you can't find work because of your disability. Or maybe you can find an employer that would hire you if he had the means to buy the specially-adapted software. These are just some of the employment barriers people with disabilities face, says Dorothy Macnaughton of the Sault-Algoma Ontarians With Disabilities Committee, which will be erecting a barrier wall in the Station Mall Friday and Saturday. Each brick on the wall will represent a barrier that disabled people encounter when they look for work. They are only kindergarten class bricks but the barriers are real. The public is invited to contribute to the wall-building and share experiences with the disabled. They want to hear from people who may have disabilities, or people they know with disabilities, who are being held back from getting a job. The exercise is all about awareness. There are a wide variety of disabilities and barriers that the organization would like to add to the wall, brick by brick, says Macnaughton. White canes and wheelchairs are for the disabled but what is being overlooked are the abilities and capabilities of these people. Sylvia Mosher writes a column in the Sault Star. She was born with cerebral palsy and has a difficult time communicating orally. But her well thought out and well written columns speak for themselves. Given the opportunity, disabled persons can and do make valuable contributions to society in whatever fields of employment they choose, says Macnaughton. But the word has to get out. The powers-that-be have to be made aware of the contributions these people can make. She says city council carried a resolution earlier this year recognizing the Sault-Algoma Ontarians efforts. The committee is pressuring the provincial government for legislation which would include tax breaks and funding for employers to purchase the special equipment to make work available for the disabled. The cost of accessibility technology to the employer can be prohibitive. Special software could cost $2,000 or more. The unemployment rate for disabled people is high. But they have proven they can do the job. All they need is the opportunity, she says. The new minister of culture, citizenship and recreation has shown a genuine interest in the awareness program. They are now visiting school classes with the message. Dorothy, a former teacher who is trying set up a home-based business, is visually impaired. She says her disability is a challenge but it's not holding her back from achieving her goals. Dorothy says the display will be in a central location and will be staffed by disabled people during mall hours. Retired columnist Oliver Lehto writes three times per week and can receive messages at 759-3030, ext. 381. ***** London Free Press May 31, 2001 Use of paratransit on the rise By Bob Loveless I currently serve on the London Transit Commission but I write this from the perspective of a person with a disability, advocate, taxpayer and customer. A multitude of barriers facing persons with disabilities continue as the sixth anniversary of the Harris government's yet to be acted upon promise to enact a meaningful Ontarians with Disabilities Act (ODA) comes and goes. Nonetheless, some good things have been happening in London. Sensitivity and planning at city hall after the new Covent Garden market needed accessibility retrofits have improved immeasurably. In addition to remedial steps at the market, the new downtown arena has gone through an intensive consultation process to ensure optimum accessibility for all disabilities. City hall itself has upgraded accessibility features on its elevators, thanks to the initiative of an able-bodied, concerned citizen. These are just two examples of recent improvements. The point is city hall has adopted a policy to include accessibility in new or renovated municipal facilities. Cam Jackson, newly-appointed citizenship minister, in consulting on ODA issues at the municipal level, chose London as one of his first cities to visit because of its progressive reputation on accessibility. And then there's London Transit, which acquired accountability for Paratransit in 1997 and implemented an innovative operation on its premises responsible for day-to-day operation of the service. Let's be clear. Paratransit has limited resources - 88% of its operating funds come from the taxpayer. Last year, Paratransit made 139,000 trips, the most ever by a wide margin thanks primarily to productivity improvements. It's often almost possible to set your watch by pickup punctuality. Service standards and policy impacts are tracked and improvements pursued. Rider accountability measures have been introduced to control frequent cancellations and no-shows that waste available rides and money. Some saw this as punitive and one more detriment to a spontaneous life-style able-bodied citizens take for granted. The reality is London Transit, like all Paratransit providers in Ontario, has a difficult balancing act in providing the most service while remaining sensitive to customer needs. Then there are accessible conventional buses -- a dream I didn't expect to come true in my lifetime. London Transit is committed to operating all routes with low- floor, accessible buses. It's now at 25% and you can get to many parts of the city already. Maintaining service has forced London Transit to buy some rebuilt buses. But the aim is for new buses to have accessible low floors. Eleven are due early next year when routes will be expanded from the current seven, plus two community buses. The Ontario Human Rights Commission, in a recent discussion paper, while acknowledging shortcomings, including London, cited London Transit for its progressive approach to improving service for persons with disabilities. Like all citizens, persons with disabilities live in an imperfect world, but strides have been made in improving accessibility and services in London. It seems a simple, but sincere, thank you is due city hall, paratransit drivers and brokerage staff, and London Transit drivers and administration for having made life better in London for persons with disabilities. (Bob Loveless is a London resident.) ***** London Free Press June 7, 2001 Page A-13 Paratransit comments encouraged By Cathy Vincent-Linderoos I am writing about an issue that has attracted countless letters to the editor and most recently a Vox Pop by LTC Commissioner Bob Loveless, who serves on the London Transit Commission. My opinions are influenced by the fact that, regrettably, I have found Paratransit does not meet my own needs. They are also influenced by the fact of my membership in the non-partisan, provincewide Ontarians with Disabilities Act Committee. The ODA Committee's analysis of the Ontario Human Rights Commission's discussion paper on paratransit is available at www.odacommittee.net . In brief, the ODA Committee concludes we have yet more proof that a strong ODA is needed. When people like Loveless have worked and volunteered to make a publicly-funded system better, and improvements have come about over time, they should be proud indeed. When others feel marginalized or discriminated against by the same system, their experiences should neither be ignored nor whitewashed by those with the means to work towards accommodation. I want disgruntled riders, who may fear reprisal for speaking out, to know that their are ways to deal with their concerns. In some cases, the LTC or its Paratransit Advisory Committee may be able to find solutions. As well, people have been invited to submit their concerns about the system to Tim Manley at tmanley@dimes.on.ca . Manley is the regional director of the southwest regional office of the Ontario March of Dimes. He is collecting and summarizing comments about paratransit in the London area and will submit his report to the Ontario Human Rights Commission for their June 30, 2001 deadline. If you prefer, you can write directly to the OHRC. It has a Web site and has posted the discussion paper to which Loveless and I both refer. If there are ways to improve the system, let's get those comments in as well. Perhaps the LTC can be helped to see that people with disabilities still encounter unnecessary obstacles because of the way that paratransit is run and evaluated. Change is still needed. Personally I fear that in its attempt to do the best they can with the resources available, the needs of subscription riders have been pitted against those of on-demand riders. If true, that is a sad thing for all, and we should try to understand and overcome this barrier as soon as possible. Open consultation by the provincial government with everyone about the standards that should be set down in law in a strong, effective Ontarians with Disabilities Act (ODA) is what the ODA Committee has been advocating for six long years. Differences of opinion are not only tolerable, they are desirable and should be heard. An ODA which is consistent with the resources available would help to make equality of access to municipal services (including paratransit) the norm. Cathy Vincent-Linderoos is a regional contact with the Ontarians with Disabilities Act Committee for the London area. ***** The Toronto Star Wednesday, May 30, 2001 Page C7 The Golf Page Disabled golfer can use cart: Court U.S. ruling will apply in Canada, golf association says WASHINGTON (AP) - Disabled golfer Casey Martin may use a cart to ride in tournaments, the U.S. Supreme Court ruled yesterday, saying federal law requires a levelling of the playing field for the handicapped, even in pro sports. The decision means the PGA Tour must make allowances for Martin, whose degenerative leg ailment makes it almost impossible to walk an 18-hole course. Royal Canadian Golf Association officials said the U.S. ruling will apply in Canada, where the Bell Canadian Open will be held Aug. 6 to 9 at the Royal Montreal Golf Club and at the Samsung Canadian PGA Championship next week at the DiamondBack Golf Club in Richmond Hill. The Samsung event is on the Buy.com Tour, the PGA Tour's developmental tour. A CPGA official said yesterday that Martin probably will not play in the Samsung tournament. The Canadian Professional Golfers Association allows seniors to use carts in some tournaments where caddies are not available. The Canadian Tour does not have a policy on the use of carts, but that could change because of the court ruling, according to tour commissioner Jacques Burelle. "Basically, we have been observing the rules of the PGA Tour, but in this case, we decided to let the issue play itself completely out," Burelle said. Canadian Tour officials, who have never received a request for the use of a cart, will have a conference call in the next day or two to decide what to do about the carts. The senior PGA Tour, which is open to players 50 and older, has allowed players to use carts for some time. The senior tour makes a stop in Mississauga Aug. 23-26 at Mississauga Golf and Country Club. The PGA Tour fought Martin for years, saying all pro golfers must walk because uniform rules are essential for the integrity of the sport. Accommodating Martin with a golf cart will not fundamentally change the game, Justice John Paul Stevens wrote for a 7-2 majority. "What it can be said to do, on the other hand, is to allow Martin the chance to qualify for and compete in the athletic events (the PGA Tour) offers to those members of the public who have the skill and desire to enter," Stevens wrote. "That is exactly what the ADA requires," he said, referring to the Americans With Disabilities Act. "I think in the future this opens some doors for people," Martin told reporters. While the ruling may not affect other golfers right away, he said he hopes it will benefit disabled athletes in general. "An institution like the PGA Tour ... before they just automatically knock down someone's desire for accommodation, they might have to think twice," he said. Hal Sutton, a golfer who also is a member of the tour's policy board, said many pros have bad backs and might now apply to use a cart. Sutton himself has had back problems. "In Casey's particular case, there's no doubt about his disability," Sutton said before a practice round for this week's Memorial Tournament. "This is not about Casey Martin. It's about the possibilities it opens up. The next person's disabilities -it might not be as clear." The Supreme Court's ruling will not produce any immediate changes for the elite-level PGA Tour because Martin is not playing well enough to qualify for those events. He currently plays on the Buy.com Tour where PGA Tour rules also apply. Stevens, an avid golfer, said the walking requirement is "at best peripheral" to PGA Tour events. And in any case, Stevens wrote, if the purpose of walking is to tax golfers' stamina, Martin's disability does that for him. Jack Nicklaus took issue with the justices' opinion that walking was not a fundamental part of the sport. "I think we ought to take them all out and play golf," Nicklaus said. "I think they'd change their minds. I promise you, it's fundamental." Dozens of disability advocacy groups and some of the ADA's congressional backers, including former senator Bob Dole, wrote friend-of-the-court briefs on Martin's behalf. The justice department also supported Martin. The ruling shows the need for similar legislation in Ontario to get rid of barriers facing people with disabilities in sports and all aspects of life, said disabled activist David Lepofsky. "We were actually promised that type of legislation by Premier Mike Harris six years ago" when he was running for Ontario Conservative leader, said Lepofsky, adding that nothing has been enacted and Harris is in his second term. Lepofsky, chairperson of the Ontarians with Disabilities Act Committee, a voluntary non-partisan coalition advocating for such legislation, said: "The problem is that in Ontario you have to fight these barriers one at a time. We shouldn't have to do that." WITH FILES FROM MICHAEL CLARKSON AND ALAN BARNES .

 

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Last updated June 21, 2001