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  • This Blog and all materials on it have been prepared by Kraft & Associates for informational purposes only and not as legal advice. While we do attempt to keep our material up-to-date, we cannot guarantee that it is either complete or current, and it may not reflect the latest legal developments. Do not act upon any information contained in this Blog without seeking the advice of legal counsel licensed in your own state. Kraft & Associates does not wish to represent anyone who is in a state where this Blog fails to comply with all laws and ethical rules of that state. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. I am NOT your lawyer until you and I have each signed a written contract stating that I am your lawyer. The attorneys and employees of Kraft & Associates make every effort to reply to e-mail inquiries as promptly as possible. However, we cannot guarantee that we will always be able to quickly respond to your questions. If you have a time-sensitive inquiry, please call us at (214) 999-9999 or (800) 989-9999. Please feel free to send us e-mail with your comments, suggestions or questions. But understand that sending e-mail to our firm or to any attorney in the firm does not establish an attorney-client relationship. Communications between you and an attorney are not privileged until the parties have agreed upon legal representation and we cannot agree to maintain the confidentiality of such communications. Please do not send confidential information to us via e-mail without first communicating directly with us by telephone. E-mail is not a secure medium of communication. Links to other Blogs or to Web sites are not intended as endorsements of the linked sites. The linked sites are not under the control of Kraft & Associates and we are not responsible for the contents of any linked site. If you have read this whole disclaimer, congratulations on your perseverance. Please let us know any way we can help you. The entire contents of this Blog are copyright © 1997-2006, Kraft & Associates. All rights reserved. In addition, certain articles at this site are reprinted with permission as indicated therein.

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Americans with Disabilities Act

December 31, 2007

Levers Replacing Doorknobs In American Homes

It has been reported that the percentage of lever door openers in homes is increasing year by year, and the percentage of doorknobs is falling. Levers now make up only 15% of all home door openers, but levers are gaining fast.

Aside from decorative features, levers have one big advantage over doorknobs, and that is the ease with which disabled people can operate them. Many Americans are simply unable to grasp and twist a doorknob. But almost anyone can operate a door lever -- with an open hand, a fist, or even an elbow.

The only drawback I have found with levers is that they can be operated by a toddler, or even (surprisingly) by a cat!

Levers are far more popular in public buildings because one requirement of the Americans With Disabilities Act is that doors to buildings accessible by the public must be "usable with one hand, without tight grasping, pinching or twisting of the wrist."

If you are doing any home remodeling or redecorating, please consider replacing doorknobs with levers. As you age, you will appreciate the levers more, and so will your guests and family members.

June 06, 2007

Link of the Day - United States Department of Transportation

In keeping with my recent posts about the Americans With Disabilities Act, the United States Department of Transportation Federal Transit Administration has a page entitled Access for Persons With Disabilities. Here is the Web site's self-description:

Overview
The goal of this program is to ensure that all Americans have access to transit to meet basic mobility needs. The passage of the Americans with Disabilities Act (ADA) in 1990 was recognized that persons with disabilities have the same rights as other citizens to access services and facilities that are available to the public. Congress also recognized that many practical problems had to be solved in reaching the goal of equal accessibility in transit.

Project Action was created to address these issues and to serve as a bridge between the transit and disabilities communities in addressing these issues. Project Action has worked to help translate the ADA transportation regulations into reality. The transportation industry has reached a critical period in addressing ADA requirements. The major issues that must be addressed are service standards, reliability, and cost effectiveness.

Paratransit has proven to be a reliable and useful service for persons with disabilities and usage has grown beyond expectation, resulting in higher than anticipated costs. It remains a priority to address these issues by mainstreaming persons with disabilities onto fixed route transit, and to better coordinate ADA paratransit to reduce trip costs. Additionally, because approximately 70 percent of adults with disabilities are unemployed and receive public assistance, mobility issues related to welfare reform must be addressed along with mobility of persons with disabilities. Much of the emphasis to date has been on reducing physical barriers to transit use. A growing need is to make transit available to persons whose disabilities are sensory, such as being sight or hearing impaired. Research and technology development in this area goes beyond removal of physical barriers but also must address how information about transit services is made available.

May 31, 2007

Link of the Day - U.S. Access Board

The U.S. Access Board is a federal government agency. The Mission Statement at their Web site nicely summarizes their purpose:

Mission

The Access Board is an independent Federal agency devoted to accessibility for people with disabilities. Created in 1973 to ensure access to federally funded facilities, the Board is now a leading source of information on accessible design. The Board develops and maintains design criteria for the built environment, transit vehicles, telecommunications equipment, and for electronic and information technology. It also provides technical assistance and training on these requirements and on accessible design and continues to enforce accessibility standards that cover federally funded facilities.

The Board is structured to function as a coordinating body among Federal agencies and to directly represent the public, particularly people with disabilities. Half of its members are representatives from most of the Federal departments. The other half is comprised of members of the public appointed by the President, a majority of whom must have a disability.

May 27, 2007

Link of the Day - Job Accommodation Network

There is an incredibly helpful disability Web site hosted by West Virginia University. The site is the Job Accommodation Network, and here is a description from the site:

The Job Accommodation Network is a service of the Office of Disability Employment Policy (ODEP) of the U.S. Department of Labor. JAN is one of several ODEP projects. JAN's mission is to facilitate the employment and retention of workers with disabilities by providing employers, employment providers, people with disabilities, their family members and other interested parties with information on job accommodations, self-employment and small business opportunities and related subjects. JAN's efforts are in support of the employment, including self-employment and small business ownership, of people with disabilities. JAN represents the most comprehensive resource for job accommodations available. JAN's work has greatly enhanced the job opportunities of people with disabilities by providing information on job accommodations since 1984. In 1991 JAN expanded to provide information on the Americans with Disabilities Act. JAN consultants have obtained at least one Master's degree in their specialized fields, ranging from rehabilitation counseling to education and engineering. The development of the JAN system has been achieved through the collaborative efforts of the U.S. DOL Office of Disability Employment Policy, the International Center for Disability Information at West Virginia University, and private industry throughout North America.

May 26, 2007

Link of the Day - National Disability Rights Network

The National Disability Rights Network is:

... the nonprofit membership organization for the federally mandated Protection and Advocacy (P&A) Systems and Client Assistance Programs (CAP) for individuals with disabilities. Collectively, the P&A/CAP network is the largest provider of legally based advocacy services to people with disabilities in the United States.

Through training and technical assistance, legal support, and legislative advocacy, the National Disability Rights Network works to create a society in which people with disabilities are afforded equality of opportunity and are able to fully participate by exercising choice and self-determination.

The National Disability Rights Network serves a wide range of individuals with disabilities – including, but not limited to, those with cognitive, mental, sensory, and physical disabilities – by guarding against abuse; advocating for basic rights; and ensuring accountability in health care, education, employment, housing, transportation, and within the juvenile and criminal justice systems.

May 24, 2007

Link of the Day - ADA Technical Assistance Program

To go along with yesterday's Link of the Day, here is another ADA site. The ADA Technical Assistance Program describes itself this way:

The National Institute on Disability and Rehabilitation Research (NIDRR) has established ten regional centers to provide information, training, and technical assistance to employers, people with disabilities, and other entities with responsibilities under the ADA. The centers act as a "one-stop" central, comprehensive resource on ADA issues in employment, public services, public accommodations, and communications. Each center works closely with local business, disability, governmental, rehabilitation, and other professional networks to provide ADA information and assistance. Programs vary in each region, but all centers provide the following:

  • Technical Assistance
  • Education and Training
  • Materials Dissemination
  • Information and Referral
  • Public Awareness
  • Local Capacity Building

In addition to ADA services the centers assist individuals and entities in better understanding related disability legislation which may impact their rights or responsibilities. Information on the Rehabilitation Act, the Family Medical Leave Act, Workforce Investment Act and others can typically be provided by a Center.

Of special interest to those with involvement in education settings will be materials and technical assistance developed to assist in efforts to make educational experiences accessible to all participants. This includes assuring accessibility not only to the physical site of the entity, but also of the programs and technology used in the experience. This includes building accessible web pages, assuring that distance learning programs are accessible and assuring that technology purchases are those which are best able to work with assistive devices used by people with disabilities.

May 23, 2007

Link of the Day - ADA Document Portal

The ADA Document Portal is a great Web site for information about the Americans With Disabilities Act. Here you'll find tons of information and links to other resources.

April 10, 2007

Link of the Day - Coalition Of Texans With Disabilities

The Coalition of Texans with Disabilities (CTD) is just what the name implies -- a group of people and organizations dedicated to helping those with disabilities or impairments, especially helping through the legal and political process.

There are many resources at CTD's Web site, and you should check it out thoroughly. Here are a few excerpts from the site:

History

In 1978 a diverse group of disability advocates met in Houston with the goal of forming a statewide consumer-run disability advocacy organization. These visionary Texans recognized that it was important for people with disabilities to have their own cross disability organization, a coalition that would work to break down the barriers to full inclusion in all aspects of society.

Over the years, The Coalition of Texans with Disabilities (CTD) has established a proven track record of success and continues to positively influence policy and practice for the benefit of Texans with disabilities. Twenty nine years after its inception, CTD continues to work hard to ensure that people with disabilities may live, work, learn, play, vote and participate fully in the community of their choice.

The Coalition has an especially helpful page that lets visitors locate their state and federal political representatives, and makes it easy to sign up for political Action Alerts and to contact politicians about important pending matters. Here is an excerpt:

Disability Consulting Services and Advocacy

CTD is a social and economic impact organization representing people of all disabilities of all ages. Through governmental advocacy public awareness activities, and professional disability consulting CTD ensures that persons with disabilities may work, live, learn, play and participate fully in the community of their choice.

Directly tell your legislator what you think about disability issues. You can now RAISE YOUR VOICE to the person who represents you in Austin through the RAISE YOUR VOICE page on our website. RAISE YOUR VOICE will show you how to contact the person who represents you in Austin through either e-mail or the postal service.

You will receive Action Alerts about important legislative issues when you register with this service. We will send you these Alerts whenever urgent action is crucial on legislative issues.

Congratulations to these good people for providing assistance to those who need it most.

February 26, 2007

Link of the Day - Elimination Of Architectural Barriers

The Texas Department of Licensing and Regulation is the state's umbrella occupational regulatory agency, responsible for the regulation of 22 occupations and industries. One of the agency's many duties is to set and enforce architectural standards dealing with handicap access.

You can find tons of information about these standards, and even complaint forms, at the Elimination of Architectural Barriers Web site.

July 18, 2006

Link of the Day - Handicapped Parking Spaces

This article has an interesting view of handicapped parking spaces from a lady who does have difficulty walking from normal parking spaces. It might make you think twice before taking a handicapped space for "just a minute."

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  • The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent almost 35 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)
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Lawyers Inner Circle Group

  • Lawyers Inner Circle is a marketing and practice management think tank for personal injury lawyers.

    Enrollment is limited to one firm per TV market area, but the topics the group discusses are definitely not limited to TV advertising. All aspects of marketing and of practice management are addressed.

    Lawyers Inner Circle meets twice each year for three-day seminars with great speakers and even better roundtable discussions.

    I have benefited greatly from my membership in Lawyers Inner Circle, and I highly recommend it to anyone who practices personal injury law (except in Dallas or Fort Worth -- your area is taken).

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Great Legal Marketing

  • Virginia lawyer Ben Glass not only has a thriving medical malpractice and personal injury practice, he is perhaps the best small law firm marketer in the country.

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    I very highly recommend this marketing plan. It was written with personal injury lawyers in mind, but after reading his materials, I believe almost all of his ideas and suggestions would apply equally to lawyers in almost any practice area. This is a great package.

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