Open Access Open Access  Restricted Access Subscription or Fee Access

Emergency planning for people with disabilities and others with access and functional needs to ensure inclusiveness

Elizabeth M. Webster, JD

Abstract


Recent investigations and litigation have prompted a shift in the way the field of emergency management plans for people with disabilities and others with access and functional needs. The purpose of this article is to aid readers in understanding some of the legal and practical requirements that may apply to jurisdictions' emergency preparedness programs to ensure the ability of plans, planning efforts, programs, and services to meet the needs of people with disabilities and others with access and functional needs. The cases of Communities Actively Living Independent and Free (CALIF) v. City of Los Angeles1 and Brooklyn Center for Independence of the Disabled v. Bloomberg2 will be used as case studies. Note that this is not intended nor should it be construed as legal advice.


Keywords


people with disabilities and others with access and functional needs, emergency preparedness, preparedness programs, inclusive planning, Americans with Disabilities Act

Full Text:

PDF

References


Communities Actively Living Indep. & Free v. City of Los Angeles, CV 09-0287 CBM RZX, 2011 WL 4595993 (C.D. Cal. Feb. 10, 2011).

Brooklyn Ctr. for Independence of Disabled v. Bloomberg, 11 CIV. 6690 JMF, 2013 WL 5943995 (S.D.N.Y. Nov. 7, 2013).

United States Department of Homeland Security Federal Emergency Management Agency: Collection: National Preparedness Symposium, Sheltering Panel at FEMA National Preparedness. Available at https://www.fema.gov/medialibrary/multimedia/collections/271. Accessed March 25, 2014.

June Isaacson Kailes' Web site. Available at http://www.jik.com/disaster-plan.html. Accessed March 25, 2014.

Americans with Disabilities Act of 1990, PL 101-336, July 26, 1990, 104 Stat 327.

Rehabilitation act of 1973, PL 93-112, September 26, 1973, 87 Stat 355.

New York City, N.Y., Code §8-101.

Brooklyn Ctr. for Independence, supra n. 2 at 49.

United States Census Bureau, Press Release, Nearly 1 in 5 People Have a Disability in the United States, Census Bureau Reports: Report Released to Coincide with 22nd Anniversary of the ADA (July 25, 2012). Available at https://www.census.gov/news room/releases/archives/miscellaneous/cb12-134.html. Accessed March 25, 2014.

United States Department of Homeland Security Federal Emergency Management Agency: Disaster Declarations for 2013. Available at https://www.fema.gov/disasters/grid/year/2013?field_disaster_type_term_tid_1=All. Accessed March 25, 2014.

Kailes JI, Enders A: Moving beyond “special needs”: A function-based framework for emergency management and planning, J Disability Pol'y Stud. 2007; 17(4): 230.

42 USC §12131.

42 USC §12132.

Henrietta D. v. Bloomberg, 331 F.3d 261, 272 (2d Cir. 2003). Note that a claim under the Rehabilitation Act requires an additional showing that, “the defendants receive federal funding.”

Henrietta D., supra n. 14 at 275.

42 USC §12112(b)(5)(A).

Henrietta D., supra n. 14 at 271.

Communities Actively Living Indep. & Free, supra n. 1.

Brooklyn Ctr. for Independence, supra n. 2.

Communities Actively Living Indep. & Free, supra n. 1. Notice of Proposed Settlement, 1. Previously available at http://www.dralegal.org/sites/dralegal.org/files/casefiles/noticeofproposedsettlement.pdf. Accessed January 17, 2014. (Copy on file with author.)

Supra n. 20 at 3.

Communities Actively Living Indep. & Free, supra n. 1 at 13.

Communities Actively Living Indep. & Free, supra n. 1 at 16.

United States Department of Justice, Americans with Disabilities Act Checklist for Emergency Shelters. Available at https://www.ada.gov/pcatoolkit/chap7shelterchk.htm. Accessed March 25, 2014.

Communities Actively Living Indep. & Free, supra n. 1 at 17.

Disability Rights Advocates, Communities Actively Living Independent and Free (CALIF), et al. v. City of Los Angels. Available at http://www.dralegal.org/impact/cases/communities-activelyliving-independent-and-free-calif-et-al-v-city-of-los-angeles. Accessed March 25, 2014.

Supra n. 26.

[Proposed] Class Settlement Agreement, Communities Actively Living Independent and Free (CALIF), et al. v. City and County of Los Angeles (October 2012). Available at http://www.dralegal.org/sites/dralegal.org/files/casefiles/settlementagreement_6.pdf. Accessed March 25, 2014.

Supra n. 28 at 1-2.

Supra n. 28 at 2-3.

Supra n. 28 at 9.

Supra n. 28 at 7-8.

Brooklyn Ctr. for Independence, supra n. 2 at 1.

Brooklyn Ctr. for Independence, supra n. 2 at 47.

Brooklyn Ctr. for Independence, supra n. 2 at 64-65.

Brooklyn Ctr. for Independence, supra n. 2 at 65-66.

United States Department of Homeland Security, National Response Framework, 8 (2d ed. May 2013). Available at http://www.fema.gov/media-library-data/20130726-1914-25045-1246/final_national_response_framework_20130501.pdf. Accessed March 25, 2014.

United States Department of Justice, ADA Best Practices Tool Kit for State and Local Governments. Available at https://www.ada.gov/pcatoolkit/toolkitmain.htm. Accessed March 25, 2014.

Supra n. 38.

Brooklyn Ctr. for Independence, supra n. 2 at 5.

Brooklyn Ctr. for Independence, supra n. 2 at 50-51.

Supra n. 28 Appendix A: Draft Annex.

National Organization on Disability/Emergency Preparedness Initiative, Functional Needs of People with Disabilities: A Guide for Emergency Managers, Planners, and Responders, 23, 32 (2009). Available at http://www.nod.org/assets/downloads/Guide-Emergency-Planners.pdf. Accessed March 25, 2014.




DOI: http://dx.doi.org/10.5055/jem.2014.0173

Refbacks

  • There are currently no refbacks.


Copyright (c) 2016 Journal of Emergency Management
This site uses cookies to maintain session information critical to the user's experience and environment on this system. Click "Accept Cookies" to continue.
For more details please visit our privacy statement at: Privacy & GDPR