2020 Jacobus tenBroek Disability Law Symposium Agenda

Race, Diversity, and Inclusion, and the Right to Live in the World

Thursday, March 26, 2020

7:30–8:15 AM, Registration and Continental Breakfast

8:15–8:30 AM, Welcome and Opening Remarks

  • Mark Riccobono, President, National Federation of the Blind 

8:30–9:45 AM, Round Table Discussion—Reframing the Conversation

  • Location: Members Hall, east
  • Facilitator: Milton Reynolds, Educator, Activist, Founder, Milton Reynolds Consulting

9:45–10:00 AM, Break

10:00 –11:15 AM, Round Table Discussion—Interrogating The Quest for “Fitness”: A National Project

  • Location: Members Hall, east
  • Facilitator: Milton Reynolds, Educator, Activist, Founder, Milton Reynolds Consulting

11:15–11:30 AM, Break

11:30 AM–1:00 PM, Disability Identity and Intersectionality

  • Location: Members Hall, east
  • Moderator: Lydia X. Z. Brown, Associate, Disability Rights and Algorithmic Fairness at the Georgetown Institute for Technology Law and Policy; Adjunct Lecturer, Disability Studies Program, Georgetown University Department of English
  • Presenters: 
    • Zainab Alkebsi, Policy Counsel, National Association of the Deaf;
    • Gabe Cazares, Director, Mayor’s Office for People with Disabilities, Houston, Texas; 
    • Sharon daVanport, Founding Executive Director, Autistic Women and Nonbinary Network

1:00–2:15 PM, Lunch 

  • Location: Members Hall, east
  • Kellye Testy, President, Chief Executive Officer, Law School Admission Council 
  • Film: The Importance of Intersectional Accessibility in Activism, Hayden Krystal
  • Facilitator: Catherine J. Kudlick, Director, Paul K. Longmore Institute on Disability, Professor of History, San Francisco State University

2:15–3:30 PM, Workshops

  1. Developing Effective Mental Health Crisis Services to Prevent Unnecessary Institutionalization
  • Location:
  • Description: This workshop will focus on how an effective mental health crisis service system, including systems in rural areas, can prevent unnecessary institutionalization and foster compliance with the ADA integration mandate.
  • Facilitators:
    • Mary Bohan, Deputy Chief, Special Litigation Section, Civil Rights Division, Department of Justice (DOJ); 
    • David W. Covington, Chief Executive Officer, President, Recovery Innovations, Inc.;
    • Steven Dettwyler, Public Health Analyst, Substance Abuse and Mental Health Services Administration;
    • Deena Fox, Trial Attorney, Special Litigation Section, Civil Rights Division, DOJ;
    • Carolyn Monroe, Peer Recovery Coach, DIX Crisis Intervention Center
  1. LSAC—Lessons Learned from the Consent Decree: From Pipeline to the Profession—Join the Mission to Diversify the Legal Profession to Build a Just and Prosperous World
  • Location:
  • Description: This workshop will address the lessons learned from the consent decree imposed on the Law School Admission Council (LSAC), including the steps LSAC has taken to improve access to those with disabilities, the value of creating relationships within the disability community, the positive impact of providing accommodations, and actions that others can take to more fully embrace individuals who are blind.  
  • Facilitators:
    • Fe Lopez, Director, Educational Equity Initiatives, Law School Admission Council;
    • Kellye Testy, President, Chief Executive Officer, Law School Admission Council; 
    • Leanne M. Shank, Senior Vice President for Legal & Corporate Affairs, General Counsel, Office of Legal and Corporate Affairs, Law School Admission Council
  1. Digital Accessibility—Developing Guidelines for Attorneys on Both Sides
  • Location:
  • Description: This workshop will address the rapid growth of digital accessibility litigation and guidelines being developed to assist plaintiff attorneys, defendant attorneys, and accessibility professionals helping those working on digital accessibility legal cases. The main goals of the session will be to: (1) introduce the guidelines; (2) solicit feedback from attendees and discussion on how knowledge from those working in related fields can be used to enhance the guidelines; and (3) determine how well the approaches and advice embodied in the guidelines could help those working in related fields.
  • Facilitators:
    • Timothy Elder, Principal, TRE Legal Practice, LLC;
    • Kristina M. Launey, Partner, Seyfarth Shaw LLP;
    • Chris M. Law, Accessibility Track Consulting, LLC
  1. CL v. Del Amo Hospital: A Psychiatric Service Animal Case Study
  • Location:
  • Description: This workshop will address the presenters' experience litigating the case of CL v. Del Amo Hospital through a federal bench trial and appeal to the Court of Appeals for the 9th Circuit under Title III of the ADA. The lawsuit involves a highly educated client with severe psychiatric disabilities and her journey to obtain a service dog. The objective of the workshop is to provide information and lessons learned regarding client mental health issues, psychiatric service dogs/training, litigation strategy, experts, trial presentation, and appeal. 
  • Facilitators:
    • Peter Blanck, Professor, Chairman, Burton Blatt Institute at Syracuse University;
    • Christopher H. Knauf, Founder and Senior Attorney, Knauf Associates;
    • Jennifer Mathis, Deputy Legal Director and Director, Policy and Legal Advocacy, Bazelon Center for Mental Health Law;
    • Celia McGuinness, Disability Rights Attorney, Derby McGuinness & Goldsmith, LLP
  1. The Disparate Impact of Changes to Immigration Policy on Asylum Seekers with Disabilities: Strategies to Fight Back
  • Location:
  • Description: This workshop will provide an overview of the ways in which current changes to immigration policy and practice, particularly those impacting asylum seekers at the US-Mexico border and in detention, have a particularly discriminatory impact on migrants with disabilities; new strategies being developed to fight this problem will be shared, and participants will be provided sample materials that can be used in their advocacy. 
  • Facilitators:
    • Charlene D’Cruz, Border Rights Fellow, Project Corazon Brownsville/Matamoros;
    • Katharine Gordon, Immigration and Disability Rights Attorney
  1. Framing Menstrual Equity as a Disability Rights Issue
  • Location:
  • Description: This workshop will address menstruation and menstrual health policies as they affect disabled individuals. Utilizing a human rights framework, participants will assess menstruation suppression as a menstrual management practice for menstruators with intellectual disabilities and related issues, contributing to the broader topic of disability rights in sexual and reproductive healthcare.
  • Facilitators:
    • Israel Cook, If/When/How Law and Policy Fellow, SisterReach;
    • Jennifer Mahan, If/When/How Law and Policy Fellow, SPARK Reproductive Justice Now!;
    • Jacqueline Tosto, If/When/How HIV Fellow, Sisterlove Inc.

3:30–3:45 PM, Break

3:45–5:00 PM, Workshops

  1. The Department of Justice and the ADA's Integration Mandate: A Year in Review
  • Location:
  • Description: This workshop will provide an overview of the work of the Department of Justice (DOJ) to enforce the ADA to protect the civil rights of individuals with disabilities in nursing facilities, including facilities in rural areas. The presenters' main goal will be to share and dialogue about legal and factual issues that arise in the DOJ's nursing facility Olmstead cases and settlements.
  • Facilitators:
    • Victoria Thomas, Trial Attorney, Disability Rights Section, Civil Rights Division, US Department of Justice (DOJ);
    • Nicole Kovite Zeitler, Trial Attorney, Disability Rights Section, Civil Rights Division, DOJ
  1. Perspectives on Disability in United States US Muslim Communities
  • Location:
  • Description: This workshop will include learning from Muslims with disabilities about their experiences with the disability community more broadly. In this context, the presentation will address diversity and inclusion and the dynamics of external community engagement with the Muslim community in the United States.
  • Facilitators:
    • Safaya Fawzi, Associate Director, Diversity and Inclusion Center, American Bar Association;
    • Mohammed Yousuf, President and Founder, EquallyAble Foundation;
    • Mariyam A. Cementwala, Policy Advisor, Strategic Initiatives, Office of International Religious Freedom, US Department of State;
    • Zaheer Maskatia, Associate Counsel, VA Veteran Board of Appeals
  1. Speed-Networking
  • Location:
  • Description: This workshop draws its inspiration from speed-dating. Workshop attendees will be paired for a series of brief one-on-one networking opportunities and are encouraged to bring a question, idea, or comment to ask of or share with their assigned partner. After ten minutes, participants will receive a new networking partner. The goals of the workshop are to foster collaboration among conference attendees, facilitate the inclusion of attendees who may face barriers to networking, and encourage people of disparate backgrounds to share ideas.
  • Facilitators:
    • Michael Nunez, Associate Attorney, Rosen Bien Galvan & Grunfeld LLP;
    • Cara Trapani, Associate Attorney, Rosen Bien Galvan & Grunfeld LLP
  1. The Jenny Hatch Justice Project: Ways to Advance Supported Decision-Making for People with Developmental Disabilities
  • Location:
  • Description: This workshop will showcase the work of Quality Trust for Individuals with Disabilities on the Jenny Hatch Justice Project, which focuses on protecting and advancing the right of people with disabilities to make choices. The workshop will address vetted strategies for promoting supported decision-making and highlight the most recent developments in the advance of supported decision-making in Washington, DC, and across the country.
  • Facilitators:
    • Jessica A. Bronson, Staff Attorney, Quality Trust for Individuals with Disabilities;
    • Leonard Stevens, Consultant, Project ACTION!;
    • Morgan K. Whitlatch, Director, Lead Project Director, Quality Trust Legal, National Resource Center for Supported Decision-Making
  1. Disability Discrimination in Housing: An Unrelenting Crisis
  • Location:
  • Description: The workshop will address housing discrimination and disability (including I/DD but from a cross-disability perspective), as well as the intersection with race discrimination in housing that touches on both the overarching issues as well as specific cases. 
  • Facilitator:
    • Crystal Adams, Attorney, Legal Advocacy Team, National Center for Youth Law;
    • Sasha Samberg-Champion, Counsel, Relman, Dane & Colfax PLLC
    • Shira Wakschlag, Director of Legal Advocacy, Associate General Counsel, The Arc;
    • Yiyang Wu, Litigation Association, Relman, Dane & Colfax PLLC
  1. Next-Stop—Full Accessibility: Litigating Access to the Most Popular and Least Accessible Subway System
  • Location:
  • Description: This workshop will address the inaccessibility of the New York City subway system which, in flagrant violation of relevant disability laws, excludes hundreds of thousands of residents and visitors with mobility disabilities from the 75% of stations that are vertically inaccessible. Since 2010, Disability Rights Advocates has been working towards ensuring reliable, stair-free access to all 472 subway stations through the strategic use of litigation. The facilitators will describe key cases filed, as well as the importance of activist demonstrations, media coverage, and a growing public awareness of subway inequality. Both presenters have mobility disabilities, take the NYC subway, and are frequently denied meaningful access to the system. 
  • Facilitators:
    • Emily Seelenfreund, Staff Attorney, Disability Rights Advocates;
    • Rebecca Serbin, Staff Attorney, Disability Rights Advocates

5:15–6:45 PM, Cocktail Reception

Friday, March 27, 2020

7:30–8:15 AM, Continental Breakfast

8:15–9:35 AM, Plenary Session, Impacts and Outcomes of Marginalization and Intersectionality on Mental and Physical Health

  • Location:
  • Moderator: Sharon Krevor-Weisbaum, Managing Partner, Brown Goldstein Levy LLP
  • Presenters:
    • Samantha Crane, Legal Director, Director of Public Policy, Autistic Self Advocacy Network;
    • Victoria Rodríguez-Roldán, Director, Trans/Gender Non-Conforming Justice Project, National LGBTQ Task Force

9:35–9:50 AM, Break

9:50–11:05 AM, Workshops

  1. Race and Gender Issues in the Civil Commitment Process
  • Location:
  • Description: This workshop will provide an overview of the disparate treatment received by people with real or perceived disabilities in nearly all aspects of the civil commitment process across the country, with a focus on the disparate treatment and disadvantages faced by racial and gender minorities. The presentation will address how the overlay of race and gender negatively impacts questions of self-determination, treatment planning, use of restraints and medication, discharge planning, and housing. 
  • Facilitator:
    • Alexander S. Brown, Executive Director, Friedman Place, A Community for Adults Who Are Blind or Visually Impaired
  1. Using Disability Justice Approaches to Protect Disability Rights throughout Disasters
  • Location:
  • Description: This interactive workshop will address how disability justice approaches can be used during disasters to protect disability rights, recognize histories of harm, and center communities of color. The presentation will include a reimagining of new paths toward equitable emergency management practices guided by antiracist and anti-ableist policies.
  • Facilitators:
    • Justine Shorter, Disaster Protection Advisor, National Disability Rights Network;
    • Valerie Novack, Policy and Research Professional, Center for American Progress/Portlight
  1. Essential Functions under Title I of the ADA
  • Location:
  • Description: This workshop will address the requirement of Title I of the ADA that an employer provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment. The presentation will include what constitutes an essential function of the job and analyze regulations and key court decisions interpreting what makes a function essential versus marginal, and strategies for developing cases and framing facts. The workshop also will examine lessons learned from key court cases about how to frame an employee's reasonable accommodation request, a demand letter, and administrative charges of discrimination, and related issues.
  • Facilitator:
    • Michal Shinnar, Senior Associate Attorney, Gilbert Employment Law, P.C.
  1. The Decline in the Employment of People with Disabilities—the Response of the Disability Rights Community (participants include attorneys Richard Chen and Karla Gilbride) 
  • Location:
  • Description: This workshop will foster a dialogue on the effective integration of lawyers with disabilities into the legal profession. The presenter has interviewed twenty legal professionals with disabilities, and two of the interviewees will attend to participate in a panel discussion.  
  • Facilitator:
    • Rahul Bajaj, Attorney in India; Rhodes Scholar, University of Oxford
  1. FCC Disability Access and an In-Depth Look at Audio Description under the CVAA and Other Statutes
  • Location:
  • Description: This workshop will foster a dialogue with attendees about the work of the Disability Rights Office (DRO) of the Federal Communications Commission (FCC) to optimize disability access to modern communications and video programming. The presenters will seek public input about the current and future priorities and accomplishments of the DRO. The presentation further will update attendees on the newest developments at the Commission, particularly around accessible emergency information, audio description, real-time text and other CVAA-related mandates. Further, an attorney from the private sector will provide an overview of audio description requirements under the CVAA, ADA, and Sections 504 and 508 of the Rehab Act, address the possible expansion of CVAA audio description requirements in new market areas, and provide opportunity for public comments on proposed changes.
  • Facilitators:
    • Michal J. Nowicki, Associate Attorney, Marashlian & Donahue, PLLC; 
    • Suzy Rosen Singleton, Chief, Disability Rights Office, Consumer and Governmental Affairs Bureau, Federal Communications Commission 
  1. Legal Strategies to Obtain Testing Accommodations for High Achieving Immigrants with Learning and Vision Disorders
  • Location:
  • Description: The workshop will outline advocacy strategies specific to various disabilities and various cultural, educational, economic, and biographical factors, including immigrant status, in dealing with high-stakes testing boards. A Chinese physician will share her lived experience confronting barriers to passing the US medical board exam due to vision disorders. The goal of the workshop is to learn legal strategies for advocating for applicants who face similar challenges without resort to federal litigation.
  • Facilitators:
    • Allison Hertog, Founder and Students Rights’ Attorney, Making School Work, P.L.; 
    • San Zhang, Chinese Physician

11:05—11:20 AM, Break

11:20–12:35 PM, Workshops

  1. Connecting Disability Work with Broader Diversity and Inclusion Work
  • Location:
  • Description: This workshop will educate participants on diversity and inclusion terminology, such as intersectionality, inclusion, and justice. The presentation will serve as a primer on how these terms connect with and support disability inclusion efforts. It will include perspectives about intersections of disability inclusion work with current diversity and inclusion initiatives from the ABA and other organizations, and it will address best practices for how to communicate the imperative of disability access and inclusion with the imperative for more inclusive spaces along race, gender, and other lines. 
  • Facilitators:
    • Lydia X. Z. Brown, Associate, Disability Rights and Algorithmic Fairness at the Georgetown Institute for Technology Law and Policy; Adjunct Lecturer, Disability Studies Program, Georgetown University Department of English; 
    • Safaya Fawzi, Associate Director, Diversity and Inclusion Center, American Bar Association; 
    • Salomon Chiquiar-Rabinovich, Chairman of Attorneys with Disabilities Committee, Boston Bar Association; Of Counsel, Moreno Law 
  1. ADA in Social and Human Service Settings
  • Location:
  • Description: This interactive workshop will address how to apply the ADA to human and social service settings, such as day care centers, family service agencies, mental health and developmental services agencies, homeless shelters, and departments of social services. 
  • Facilitators:
    • Steven Gordon, Assistant US Attorney, Civil Rights Enforcement Coordinator, US Department of Justice;
    • Caroline Jackson, Associate Attorney, Rosen Bien Galvan & Grunfeld LLP
  1. Keeping Our Schools Safe: Addressing Restraint and Seclusion in Schools
  • Location:
  • Description: This workshop will provide an overview of the data regarding the use of restraint and seclusion in schools and its harmful impact on students with disabilities from other marginalized groups. The presenters will discuss different advocacy strategies that can be used to combat the use of restraint and seclusion, as well as legislative efforts undertaken to address the problem. 
  • Facilitators:
    • Selene Almazan, Legal Director, Council of Parent Attorneys and Advocates, Inc.; 
    • Eve Hill, Partner, Brown, Goldstein & Levy, LLP; 
      Kelly Israel, Policy Analyst, Autistic Self Advocacy Network; 
    • Leslie Margolis, Managing Attorney, Disability Rights Maryland
  1. The Current State of Section 503 of the Rehabilitation Act and Potential for Improving Disability Employment Outcomes
  • Location:
  • Description: This workshop will address the need for affirmative action in the United States as it relates to disability employment, as well as the need for disability rights advocates to pressure policymakers to strengthen the Section 503 regulations to confront the continued lack of employment opportunities for individuals with disabilities. The presenter will discuss the findings of his fellowship research interviewing blind and low-vision employees and job applicants, shedding light on the provisions of the Section 503 that are not effectively confronting systemic discrimination in the workplace. 
  • Facilitator:
    • Marco Tarantino, Policy and Employment Research Fellow, Envision Research Institute
  1. Accessibility Laws and How They Apply to Health Plans
  • Location:
  • Description: This workshop will provide an overview of digital accessibility laws that apply to health plans. Attendees will explore relevant civil rights laws, practical guidance on what needs to be accessible and why, standards for compliance, how Titles II and III of the ADA apply to health plans, the applicability of Sections 504 and 508 of the Rehabilitation Act to Medicare and Medicaid Plans, and Section 1557 of the Affordable Care Act's provisions for Electronic Information Technology, among other issues. 
  • Facilitator:
    • Morissa Fregeau, Associate General Counsel, UnitedHealthcare
  1. Voting Rights for People with Disabilities under the ADA
  • Location:
  • Description: This workshop will address common ADA voting-related violations, explain the relevant provisions of the ADA Title II regulations applicable to voting-related claims, and identify resources for evaluating the accessibility of potential polling sites and providing temporary solutions. The presentation will also discuss recent voting-related settlement agreements by the Disability Rights Section of the Department of Justice.
  • Facilitators:
    • Elizabeth Johnson, Senior Trial Attorney, Disability Rights Section, Civil Rights Division, US Department of Justice (DOJ); 
    • Christine Inkyung Kim, Senior Trial Attorney, Disability Rights Section, Civil Rights Division, DOJ

12:35 PM, Evaluations