Disability forum exposes inaccessibility, discrimination across state programs


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If you thought that riding RIPTA, or receiving food benefits was difficult, imagine trying to do it with a disability. That’s what was talked about Tuesday afternoon when the Governor’s Commission on Disabilities held a public forum at the Warwick Public Library, where those in the disabled community could voice their concerns about accessibility across the state.

Forum attendees waiting to hear testimony
Forum attendees waiting to hear testimony

The forum hosted a number of healthcare professionals, who specialize in a number of care outlets for disabled patients. Different groups that were represented included the Disability Law Center, the National Multiple Sclerosis Society, the Ocean State Center for Independent Living, and the Office of Rehabilitation Services, among others. But, rather than the professionals taking up the time to speak, many community members came forward, expressing how they believe Rhode Island can do better in terms of accessibility.

Barbara Henry, a blind woman who cannot drive, frequents RIPTA, which has proven problematic for her on more than one occasion.

“When the bus pulls up, I have no idea what bus it is,” she said. “They do not announce the bus, and I feel they really discriminate against anyone who is visually impaired, or print disabled, or anything for that matter.”

Henry’s problems have ranged from not knowing that a stop had been changed, to dealing with the newly renovated Kennedy Plaza, which she said is not accessible at all. While the stop names are in braille, the bus numbers that go through those stops are not, and the bus drivers do not announce which bus they are driving.

“My bus stop is G, but my bus number is 33,” she said. “There’s the 33, the 56, and the 54 that go out of that one stop. There’s nothing in braille that indicates that. If you were standing there, I would have to come up to you, and ask, “What bus is this?” And when the bus pulls up, there’s no audio announcement.”

Henry, who advocated, in her own words, “like hell,” for braille at Kennedy Plaza, feels as though her community is not taken seriously. Henry said that she attends the RIPTA community meetings, advocating for other blind people, because there is nothing tactile for them to process when they are finding their stop, not even a map.

“Since it’s been open since January, I’m still trying to process, make a mental map, of where everything is. They didn’t make any type of map or anything,” she said.

When Kennedy Plaza reopened earlier this year, RIPTA staff were there to assist passengers and direct them where to go, but Henry said that there was nobody to specifically help disabled riders.

Henry said that these issues don’t just affect blind people, though. Many other disabled riders struggle with RIPTA, including those who are deaf, autistic, or impaired in some other fashion. Such treatment has lead Henry to believe that RIPTA discriminates against the disabled.

“I truly, truly believe, that they do discriminate against the disabled,” she said. “I feel that my safety is placed at risk.”

Kristin Clark went to the forum to represent her friend, who is disabled and experienced mistreatment and belligerent service at the hands of the Wakefield SNAP office when trying to get certified for her benefits. Clark’s friend, who was not named, went into her local Wakefield office rather than conducting a phone interview with the main Providence office.

“The staff apparently relies on phone interviews, even though they are told they can come into offices to do the recertification,” Clark said. “When she came into the office, she was treated very badly, and very hostilely, and was told several times that SNAP would be cancelled for her, and that she would have to pay back what they said was an overpayment, and now she’s left not knowing what her situation is.”

Clark added that Rhode Island Housing has been helpful for her friend and her son, who is also disabled, because she is part of section 8 housing. SNAP, on the other hand, has caused a whole host of problems for her. Clark has even spoken to Congressman Jim Langevin’s (D- District 2), who looked into the problem and asked that they also speak to the Department of Health. When her friend called, the Department of Health was not only rude to her again, but also defended the SNAP office’s treatment towards her.

“By the end of the call, my friend was just a mess, and as of right now, has no idea what her situation is,” she said. “She does not know if she’s cancelled, she does not know if somebody is going to come after her for that money that they say she was overpaid, she does not know if, come Aug. 1, if she is going to have any SNAP benefits.”

Raffi Jansezian, a staff member for the GCD, explained how their office plans to move forward with these issues.

“After all the forums are done after this week, and after all the transcripts are finalized, I’ll be going through them, personally reading them as well as running different focus groups to analyze the transcripts, to figure out which problems are coming up over and over again,” he said.

Once that process is completed, they then move to begin writing solutions for these pressing issues into legislation, and create laws that can benefit everyone who has been affected and come to them to voice their concerns.

Jansezian added that Governor Gina Raimondo has shown “fantastic” support for the GCD, and that they have already made some strides towards what they hope to accomplish.

Move RI Beyond the Box: Stop Job Discrimination


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Ban the Box legislation was heard this week at the State House. (Photo by Dave Fisher)

This past week, the House Labor committee heard from “Ban the Box” supporters, including a short film to illustrate the challenge of finding employment, and a new life, with a criminal past.

The film (available here) makes the case for House Bill H5507, known as “Ban the Box.” This piece of legislation removes that question, “Have you ever been convicted of a crime?” from job applications and provides key protections against employment discrimination for people with records. The bill is sponsored by House Representatives Slater, Chippendale, Williams, Almeida, and Diaz.

The film features employers and job applicants who would be directly affected by the legislation. Additional interviewees include Michael Evora of the Rhode Island Human Rights Commission; AT Wall, Director of the Rhode Island Department of Corrections; Misty Wilson, Organizer at the community organization Direct Action for Rights and Equality (DARE)  as well as some of the bill’s sponsors. In the film, AT Wall calls employment opportunity “the key pillar” to success re-entry and Michael Evora says that Ban the Box is “one of the most important civil rights issues of our time.”

Opponents are uninformed, or hoping you are.

The Attorney General has been less-than-accurate in his depiction of the law and liability, by saying that it would be “unlawful,” under the legislation, for an employer to deny an applicant a job “based on his or her criminal record… [unless] there is a direct relationship between one or more of the previous criminal offenses and employment sought.”

“This act would open every employer in the State, both public and private, to civil liability in the hiring process that may actually have a chilling effect on new employment opportunities.”

There are three other reasons an applicant can be denied:

1.  A state or federal law prohibition (such as many school, health care, law enforcement, or CEO positions);

2.  Applicant is not bondable;

3.  “unreasonable risk to property, or to the safety or welfare of specific individuals, employees, or the general public.”

It is impossible to anticipate any specific judicial interpretation of these reasons, as facts of every case will vary.  However, one can safely assume that no RI governor has appointed any “anti-business” and  “pro-criminally convicted people” to the bench.  If so, I missed it.  The fear mongering, of scaring businesses to steer clear, is (a) missing the realities of a statewide economy, and (b) overlooking the fact that Connecticut and Massachusetts have similar laws.  This bill is also consistent with EEOC policy on the subject.

Many have overlooked that this law would only apply in scenarios where an applicant has already been offered a job, and then the employer wishes to revoke it based on a criminal record.  Clearly the applicant has shown some job-worthiness.  Considering most applicants will be people who never went to prison, or recently served small time for a small crime, it would be difficult for someone to “go straight” if years need to tick by… without crime and without a job.

Some have hypothesized that creating a few rules in the employment process violates the freedom of a business or organization to operate freely.  Yet this is a right that nobody alive ever enjoyed, as the tax code and regulatory agencies have long subjected businesses and organizations to codes and laws.  They have hypothesized that attorneys will file “frivolous” lawsuits, although this would open up such attorneys to sanctions under Rule 11 of the state and federal court rules.  Considering all the other avenues for “frivolous” lawsuits, there is no indication that this will now create a new windfall.  If one were to file, they might use the federal Fair Credit Reporting Act, one of the few statutes that provide for attorneys fees.  The FCRA is currently in effect and there is no allegation of it being used frivolously.

A community must sink or swim together.

The love or hatred in one’s own heart is part of what makes us all human.  Most of our beliefs are developed over time, and impacted by our families, schools, neighborhood gossip, television, social media, government policy and more.  Policymakers, unlike private citizens, do not have the luxury of saying “I don’t care,” about a particular dilemma; nor are they allowed to have divisive beliefs.  Not, at least, if they are trying to develop and build the health of their entire districts.  Public policies such as drug prohibition, sending our youth off to war, or the refusal to provide a comprehensive mental health plan, have both intended and unforeseen consequences.  Among them is narrowing of employment opportunities after labeling people with a criminal record.

Opponents to the legislation tend to characterize the systematic discrimination and exclusion of people from the job market as fair and responsible.  The lifetime of punishments are placed on the shoulders of someone who broke the law, with little (if any) consideration to how long ago and how petty the offense(s) may have been.  It is an understandable position to take when placed in the context of America’s long struggle with discrimination.  Finally, perhaps, discrimination that everyone can agree upon?  Yet just like the ostracism of Black people, women, Latino, gay, and transgender people…most  Americans ultimately recognize everyone’s basic human dignity and right to a live in an inclusive society.

Over 100,000 ACI ID numbers in two decades.

When times get tough, such as during a serious lack of available jobs, it is tempting to fragment off and find a “Them” for an “Us” to rise up above.  This will not work.  We are too intertwined, too interdependent.  In the past 20 years, the Adult Correctional Institutions have assigned over 100,000 identification numbers, most of which went to Rhode Island residents.  Every one of them is more than a number.  And as an employer in the film points out, many will work harder than others because they have something to prove.

This film is part of a larger project documenting the effect of criminal records on employment and re-entry. The film is produced by a team of Providence-based artist and film-makers, Rachel Levenson, Emmett Fitzgerald, Adrian Randall, Jonah David, Victoria Ruiz and Casey Coleman. Numerous community members and organizers have contributed to the writing and production of the film.

Media requests can be made to Rachel Levenson at rachelannalevenson@gmail.com