Court hits District for blocking homes for disabled

A federal court criticized the D.C. government yesterday for blocking construction of four group homes for disabled children.

The city sided with community opponents in denying building permits for the homes to be built in the 1300 block of Pennsylvania Avenue SE.

Boys Town of Washington dropped its plans for the tax-funded homes in 2004 as opposition grew from local community groups.

However, the federal government took up Boys Towns' cause by suing the D.C. government.

The Justice Department lawsuit accused the D.C. Department of Consumer and Regulatory Affairs (DCRA) of violating the Fair Housing Act by denying building permits for the four homes, each of which would house six children and a married couple of supervisors.

The lawsuit sought a court order that would have required rewriting nine of the DCRA's regulations on housing for the disabled.

The DCRA was imposing regulations more stringently on the children's group homes than for the general population in an apparent attempt to keep the Boys Town houses out of the neighborhood, the Justice Department argued.

Boys Town sought the building permits under an exception to the D.C. code that says special authorization is not needed for a group home if it houses six or fewer residents. The nonprofit group already operates a home for boys and girls under 18 at 4801 Sargent Road NE. It obtained permits for the houses on the site with little community or District opposition.

The DCRA issued four permits for the buildings on Pennsylvania Avenue on Sept. 6, 2001, but community activists appealed.

Advisory Neighborhood Commission 6B and a group of residents called Southeast Citizens for Smart Development said the group housing complex would disrupt the community, potentially bringing in more traffic and risking crime against the disabled children.

"It was not the appropriate place for that project," said Ellen Opper-Weiner, co-chairman of Southeast Citizens for Smart Development.

Their attorney, Andrea Ferster, argued in the appeal that although the children would be housed in four buildings, they would be linked in a single complex. As a result, the complex surpassed the occupancy limit to avoid special-exception permits.

"It's a manipulation of the rules," Ms. Ferster said yesterday. "If you allow any large facility to evade the special exception rules, then you've opened the door for any large facility to be built."

She said the fact the Boys Town facility would house disabled children was not the issue.

"Size matters in residential neighborhoods," Ms. Ferster said.

The District's Board of Zoning Adjustments agreed, saying the houses on Pennsylvania Avenue still would need to meet the District's "youth residential care home" special permit standards. The standards cover issues such as licensing, parking and potential disruption to the neighborhood.

After Boys Town dropped its planned group home, the Justice Department sued on April 15, 2004, in U.S. District Court.

The court agreed this week that the D.C. government violated the Fair Housing Act but refused to grant the sweeping changes to D.C.'s housing regulations sought in the lawsuit.

Instead, the court issued a ruling that prohibits "the District from violating the Fair Housing Act's requirement that the disabled be provided equal access to housing through reasonable accommodations."

The Justice Department argued that nine zoning regulations gave unfair preference to housing for persons without disabilities "without sufficient justification."

The ruling by U.S. District Judge James Robertson rejected that argument, saying, "Such facts must be proven on a case-by-case basis rather than assumed across the board."

A condominium now stands on the site where Boys Town planned to build its group homes.

Source: The Washington Times

Disabled people who want to work can now pay a premium for Medicaid.

Thousands of Ohioans with chronic medical conditions and disabilities will be able to join the work force and climb out of poverty without losing health care insurance.

Beginning next month, Ohio will join 35 other states that allow disabled workers to "buy in" to Medicaid, the state and federally funded health care insurance program for the poor, elderly and disabled.

Currently, Ohioans with disabilities are discouraged from working because increasing their earnings or assets would make them ineligible for Medicaid. Under the new program that received federal approval this week, people with disabilities who work or want to work can pay a premium for Medicaid. The premium would be based on the worker's income.

Advocates for Ohioans with disabilities have been pushing for the program for seven years, said Dave Zwyer, director of the Ohio Developmental Disabilities Council.

State officials project that 5,800 individuals will enroll by June 2009. The initial cost will be about $25 million a year, with $1.8 million coming from premiums.

Susan Koller, 25, of Washington Twp., said she plans to sign up. Koller is publicity director for Checker Book Publishing Group in West Carrollton, a job she landed seven months ago after earning a master's degree from Wright State University. Already on Medicaid, she has cerebral palsy, uses a power wheelchair and gets help from home health care aides.

"I cannot make any more money than I make now (under current Medicaid rules)," she said. And she can't have more than $1,500 in assets, making it tough to save for a place of her own.

Koller said she loves working.

"It makes me feel like a productive member of society," she said. "If this (new Medicaid program) encourages more people to do that, I can only see benefits of getting more people out in the work force."

Source: The Western Stars

Finding Employment When You Are Disabled-by Joann Grant

With growing competency and educational standards, it has become hard to find a job that satisfies both your pocket and desires. And if you are struck with any form of disability at any level, your difficulties increase manifold.

Disabilities have been classified into many categories. Broadly, there are minor disabilities and major ones. Depending on the magnitude of your disability, you get the job. With certain disabilities you can find a job in the open job market as well. For instance, there are minor disability like a limp in a limb or a highly hunched back that might not come as a hurdle between you and your desired job. But other disabilities like an imputed limb or vision impairment can create colossal hurdles.

However, many of the State governments have provided breathers in the form of special job arenas for disabled. For the disabled people special places are made, besides the contemporary job market where they can find good job opportunities. Various places where a person suffering from disability can find a job are:

Sheltered Workshops: If a person is suffering from moderate to severe form of disability, sheltered workshops are the best places to find the job. A sheltered workshop is a place where disabled can learn to do the basic things like packaging of goods, assembling items, to name a few. All this is done through a sub-contracted work.

Production Workshop: Production workshop is a workplace ideal for the people who have moderate disabilities. Here people learn the art of printing and manufacturing. Such people are predominantly known to work in production line.

Open Market: People who are afflicted with slight to moderate disabilities can try and find a good job in an open market. In doing so, they can take help of various job placements organizations. These placement organizations will help them in locating a suitable job of their interests and needs.

For acquiring a good job, an important prerequisite is good education qualification. But besides contemporary form of education, people with disabilities can also look for an option in the vocational field. Through this, they can learn certain skills of basic livelihood, before stepping for a job in the corporate world.

To know more about disability details and disability and other health problems visit http://www.about-disability.com/disability-aids