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WHEN

DISASTER

STRIKESE M E R G E N C Y P R E PA R E D N E S S F O R S TAT E

A N D L O C A L G OV E R N M E N T S

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TRAINING

OBJECTIVES

1. Develop an in-depth understanding of ADA Title II and other

disability rights laws as it applies to emergency planning and

programs

2. Apply disability rights laws as it relates to animals,

transportation, communication, physical and programmatic

access

3. Develop inclusive practices and policies for emergency

preparedness

4. Identify local and state partners, organizations, and community

members to collaborate with to ensure inclusive and effective

emergency preparedness

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OVERVIEW

• People with Disabilities make up nearly 20% of the U.S. population, or 59

million people*

• Between January 2017 and January 2018 (12 months total) there were

approximately 124 disasters. This number only includes disasters

declared by FEMA.**

• Hurricane Harvey: Older adults trapped in waist high-water in a nursing

home in Dickinson, Texas

• Hurricane Maria: Evacuees, dependent on electricity, from Puerto Rico

are still on the mainland in hospitals due to continued power outages in

their towns

• Volcanic Eruptions in Hawaii: Deaf individuals staying in homes due to

lack of video phones in shelters*25 Commandments for Disability Inclusion and Universal Accessibility Before, During and After Disasters, The Partnership for Inclusive Disaster

Strategies, June 26, 2017

**Disasters, Total Number of Declared Disasters: by State/Tribal Government and by Year, https://www.fema.gov/disasters#3

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WHO TO CONSIDER

People with Access and Functional Needs:

• Older adults

• Children

• Women in late stages of pregnancy

• People with temporary disabilities

• People with limited transportation

• Limited literacy

• English as a second language

People with Disabilities:

• An individual with one or more physical or mental impairments that

substantially limits one or more major life activities or bodily functions

• Record of having a disability as defined above

• Regarded as having a disability4

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THE LAWS

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• Rehabilitation Act of 1973

• Americans with Disabilities Act of 1990

• Stafford Act of 1988

• Post Katrina Emergency Management Reform Act of 2006

• Fair Housing Act Amendments of 1988

• Architectural Barriers Act of 1968

• Individuals with Disabilities Education Act of 1975

• Telecommunications Act of 1996

• Twenty-first Century Communications and Video

Accessibility Act of 2010

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THE REHABILITATION ACT OF

1973 [SECTION 508]

• Federal agencies must make their electronic and

information technologies accessible to people with

disabilities

–Including State and Local Governments receiving

Federal funds

• Apps on smart phones

• Alert messages on websites

• Alerts sent through phones and e-mails6

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THE AMERICANS WITH

DISABILITIES ACT (ADA)

Title II:

• Applies to all State and Local Governments

• Before, During and After a Disaster:

Effective Communication

Physical Accessibility

Programmatic Accessibility

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POST KATRINA EMERGENCY

MANAGEMENT REFORM ACT

OF 2006

• Requires the President to issue regulations that prohibit discrimination

based on disability in disaster assistance

• (Sec. 213) Amends the Stafford Act to direct the Administrator of FEMA

to appoint a Disability Coordinator to ensure that the needs of

individuals with disabilities are being properly addressed in emergency

preparedness and disaster relief

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LET’S REVIEW

IN DETAIL…

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EFFECTIVE COMMUNICATION

Announcements: include

real-time captioning and

American Sign Language

interpreters on screen

and visible

Talk to your

local news

reporters and

videographers

ahead of time

Produce both

written and

verbal

communication

Ensure that alert

systems are 508

compliant and

work

Provide appropriate

interpretations in

various languages

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ACCESSIBLE TRANSPORTATION

• Create a Memorandum of Understanding (MOU) with agencies that

oversee:

– School buses

– Paratransit vans and vehicles

– Taxi cabs

– Train systems

– Airlines

• Provide accessible transport during evacuation, to and from a shelter,

to and from medical facilities, and upon return to places of stay

• Modify policies to allow pets and emotional support animals on board

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ANIMALS

• Service animals must be allowed in all entities where the public can go

• Emotional support animals must be allowed in shelters or other housing

options

• Try to co-locate individuals with their animals

• Work with your local ASPCA to create a procedure for when an emergency

happens

• Partner with your local Department of Health to create onsite medical

services for all animals

• Service animals, emotional support animals, and pets should NEVER be

left behind or separated from their owner

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PHYSICAL AND

PROGRAMMATIC ACCESS

• Identify local accessible buildings prior to a disaster

• Identify multiple shelters across neighborhoods

• Create a tier system to rate accessibility of buildings

– Allows for individuals to look at list of identified buildings to see what

level of accessibility is offered

• Path of travel

– Ensure an individual can enter and exit the shelter

– Ensure an individual can move around the shelter and access all

programs, bathrooms, food areas, water fountains, and telephones

• Modify policies and procedures as needed

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APPLYING MULTIPLE LAWS

• Reinforce that there are multiple laws that apply during a disaster to

all staff and volunteers

• Ensure that staff, all agencies, and volunteers are:

– Educated on the area’s disaster preparedness plan

– Fully trained in resources available in the community

– Trained on disability rights laws

• During planning and preparation stays, include all laws that are

applicable

• State anti-discrimination laws may also apply

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WHERE TO BEGIN…

• Bring community members with disabilities, the aging population, and

those with Access and Functional Needs to the planning table

• Create goals and initiatives based off of the feedback from the

community

• Work with local emergency management agencies, volunteers, and

partners

• Identify the largest barriers facing the whole community

• Meet frequently to ensure plans, policies, and practices are up-to-date

and the most effective for when a disaster occurs

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COMMUNITY PARTNERS

• Community Independent Living

Centers (CIL)

• The Developmental Disability

Council

• Grass Roots Disability Rights

Organizations

• Community partners of Columbia

Lighthouse for the Blind

• Organizational Affiliates of the

National Association of the Deaf

• Protection and Advocacy Agency

• Local Veterans groups

• Local UCEDD (University Centers

for Excellence in Developmental

Disabilities, Education, Research

and Service)

• Local student-run disability groups

• Senior Wellness Centers

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THE CMIST MODEL*

•Communication

•Maintaining Health

•Independence

•Support, Safety, and Self determination

•Transportation

*Created by June Isaacson Kailes, Disability Policy Consultant 17

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INCLUSION AND

INTERSECTIONALITY MATTER

• People with disabilities are often faced with various types of barriers

throughout their life. Because of this we are more often than not creative

in finding ways around these barriers and we tend to know what it is that

we need

• This thinking process allows for individuals with disabilities to provide

unique ideas and solutions to arising issues prior to, during, and after a

disaster

• Because disability crosses all communities, many individuals may offer

skills such as interpretation of another spoken language, sign language,

expertise in technologies, and cultures

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COMMUNITY RESILIENCE IS

IMPORTANT BECAUSE…

It keeps our families and

neighbors safe

Resources are limited during and

after an emergency

People with disabilities can be experts in adapting and

problem solving

We are stronger together

Some individuals may

need support from their

community

It reduces reliance on government

entities

It reduces

stress on

health care

and response

systems

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COMMUNITY OUTREACH IS

CRITICAL

• Host emergency preparedness events and workshops in community-

based settings

• Engage your disability community partners

• Encourage your colleagues, neighbors, religious affiliates, family and

friends to join you

• Including children is just as important as including adults

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ASK YOURSELF…

• Does your community know emergency routes and evacuation

plans?

• Does your community know where to find the closest shelter?

• Does your community know where to look, listen, or find

announcements?

• Does your community know what to include in a disaster

preparedness kit?

• Does your community know which emergency clinic, hospital,

and gas stations are in the area?

• Is your community prepared?21

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REGISTRIES, DATABASES, AND

MYTHS, OH MY!

• Registries often give a false sense of security and expectation by

registrants

• There is a large difference between registrant expectation and

responder capacity

• If you offer a registry or database for individuals:

– Include language explaining that it does not guarantee assistance

or rescue

– Include language explaining that individuals should also have a

preparedness plan in place

– Repeat the above if necessary22

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LET’S DISCUSS

QUESTIONS AND

COMMENTS

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JULIA WOLHANDLER

• E-mail: Julia.Wolhandler@dc.gov

• Office Phone: 202-727-2890

JESSICA HUNT

• E-mail: Jessica.Hunt@dc.gov

• Office Phone: 202-727-0287

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THE DC OFFICE OF DISABILITY

RIGHTS

Website: http://odr.dc.gov

Phone: 202-724-5055

TTY: 202-727-3363

Fax: 202-727-9484

Email: ODR.Complaints@dc.gov

Facebook: DCODR

Twitter: @DCODR

Location: 441 4th Street NW, Suite 729 North, Washington DC

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