A Note from the CEO…
This month, Momentum joins people with disabilities and advocates throughout the United States in celebrating the 32nd anniversary of the signing of the Americans with Disabilities Act (ADA). This landmark bill was signed into law on July 26, 1990, by President George H.W. Bush, who called it a long overdue “Independence Day” for Americans with disabilities.
But even as we celebrate the passage of the ADA, we must remind ourselves as a nation that the ADA is a civil rights bill intended to “guarantee equal opportunity in public accommodations, employment, transportation, communications, and services so that Americans with disabilities can more fully participate in society.”
All too often, we fail to embrace and work toward full inclusion and, instead, focus on compliance with the minimal standards set forth in the ADA. People with disabilities have repeatedly been left on the sidelines as advancements in technology increase opportunities for people without disabilities.
I am proud that Momentum has embraced the true intent of the ADA and worked to utilize technology to increase opportunities for people with disabilities to participate in community, educational, employment and social opportunities. This commitment to inclusion is the driving force behind Refresh – a truly accessible mobile restroom that makes our community accessible to all people with disabilities.
I encourage everybody to visit the Momentum Refresh website here to learn how Momentum has embraced the ideals of the ADA and introduced a state-of-the-art resource to encourage meaningful participation in the community for all people.
Lori Anderson, President & CEO
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Advocacy Contacts
Governor Gavin Newsom
Phone: (916) 445-2841
Fax: (916) 558-3160
Internet Contact Form Access – Here
Twitter Accounts:
Facebook:
Find Your Representatives
Use the links below to identify your representatives and let your opinion be heard.
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California Office of Attorney General Issues Directives to Protect Rights of People with Disabilities
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California Attorney General Rob Bonta recently issued four directives to remind local officials across the state of key legal protections under California law meant to uphold the civil rights of people with disabilities. In the letters, the Attorney General urges local leaders to renew their commitment to combat discrimination and enforce the state’s disability access laws and regulations so that people with disabilities have equal access to services and facilities, housing, governmental proceedings, and all other spaces that are open to the public.
Californians with disabilities have historically experienced widespread discrimination in areas such as housing, education, employment, and public accommodations. While California’s disability rights laws are designed to address such discrimination, the State Department of Justice continues to receive complaints that, among other things, Californians with disabilities are being denied basic rights in public accommodations and continue to experience physical access barriers and service animal denials. State and federal disability access laws mandate equal access for people with disabilities and prohibit discrimination in public accommodations and housing.
In the four separate letters covering a range of issues affecting Californians with disabilities, the Attorney General urges local officials to:
- Take steps to improve compliance with the state’s disability access laws amongst business establishments and in public accommodations.
- Review land use and zoning policies and practices to further fair housing and adopt reasonable accommodation ordinances.
- Evaluate government meeting facilities and platforms to ensure current policies, practices, and technology provide equal access to local public proceedings; and
- Ensure architectural accessibility in buildings by reviewing and updating policies and protocols for accessible design standards.
A copy of each of the four separate letters sent to local officials is available here.
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Disability Advocates Applaud Investment in Dental Care for People with Disabilities in FY2022-23 State Budget
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Disability advocates in California joined the California Dental Association in applauding the inclusion of one-time funding to improve access to oral health care for vulnerable populations, including people with intellectual or developmental disabilities, physical disabilities, and cognitive declines such as dementia and Alzheimer’s, in the FY2022-23 state budget.
The $50 million in funding from the state’s budget surplus will pay for the construction, expansion or adaptation of special needs dental clinics and surgical centers in California to expand access to dental care for individuals who are unable to undergo dental procedures in traditional dental offices due to special health care needs or the complexity of the care needed.
Lack of access to dental care for patients with special needs has been a long-standing crisis, even as the state has made strides to increase access in the Medi-Cal dental program. Existing settings, such as dental schools and specialized clinics, are often backlogged with significant treatment waitlists — often stretching months or years — which have been exacerbated by the COVID-19 pandemic.
Under the new budget, a one-time $50 million investment ($25 million a year over two years) will be awarded in grants of up to $5 million by the California Health Facility Financing Authority to create ten or more permanent sites specific to special needs dental care. To be eligible for a grant, recipients will need to ensure that at least 50% of their patient population has special health care needs for 10 years and enroll as a Medi-Cal provider.
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U.S. COVID-19 Public Health Emergency Extended
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U.S. Health and Human Services Secretary Xavier Becerra announced the extension of the COVID-19 Public Health Emergency (PHE) declaration. The last declaration was issued April 12, 2022, effective April 16, and was set to expire July 15, 2022. The PHE has been in effect since January 27, 2020.
The Biden Administration previously has said it will give states 60 days’ notice before ending the emergency to allow sufficient time to prepare for changes. The PHE has increased the number of people eligible for Medicaid, allowed U.S. regulators to use emergency powers to clear vaccines, therapeutics, and diagnostics for use against COVID-19 and allowed for flexibilities around telehealth services.
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U.S. Department of Transportation Announces First-Ever Bill of Rights for Passengers with Disabilities
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The Bill of Rights is an easy-to-read summary of the fundamental rights of air travelers with disabilities under the Air Carrier Access Act, the law that makes it illegal for airlines to discriminate against passengers because of their disability. It will empower air travelers with disabilities to understand and assert their rights and help ensure that U.S. and foreign air carriers and their contractors uphold those rights.
The Bill of Rights was developed using feedback from the Air Carrier Access Act Advisory Committee, which includes representatives of passengers with disabilities, national disability organizations, air carriers, airport operators, contractor service providers, aircraft manufacturers, wheelchair manufacturers, and a national veterans organization representing disabled veterans.
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U.S. House of Representatives Overwhelmingly Approves Ban on Electric Shock Devices on People with Developmental Disabilities
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The U.S. House of Representatives voted 392 to 28 to approve the Food and Drug Amendments Act, a broad bill reauthorizing programs at the Food and Drug Administration, including a provision that would put an end to the use of what are known as electrical stimulation devices, which send shocks through electrodes attached to the skin in order to condition children and adults with developmental disabilities or behavioral and emotional problems.
In 2020, the FDA finalized a ban on the devices after determining that they pose an “unreasonable and substantial risk of illness or injury.” The agency cited evidence of psychological and physical risks, including burns, tissue damage, worsening underlying symptoms, depression, anxiety, and post-traumatic stress disorder. However, last summer the U.S. Court of Appeals for the D.C. Circuit found that the FDA had overstepped its authority and overturned the regulation.
The legislation now heads to the Senate where advocates say they are hopeful that the provision banning electrical stimulation devices will be included.
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California Office of Attorney General Resource Portal for People with Disabilities
The California Department of Justice has a website to support people with disabilities by highlighting federal, state, local, and community-based resources.
You can access the resource portal for people with disabilities here.
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Joint Public Meeting of the National Advisory Committees on Seniors and Disasters (NACSD) and on Individuals with Disabilities and Disasters (NACIDD), Thursday, August 4, 11:00am – 1:00 pm PT
The public and disability advocates are invited to join National Advisory Committee on Seniors and Disasters and National Advisory Committee on Individuals with Disabilities and Disasters members, distinguished guests, federal leaders, and subject matter experts as the two committees provide a status update on their work since March on national public health and medical preparedness, response, and recovery, specific to the needs of older adults and people with disabilities in disasters.
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