In the Spotlight

Defining Disability: Americans With Disabilities Act Amendments of 2008

By Annie Hsia, Advocacy Program Manager

When Congress enacted the Rehabilitation Act of 1973, which required recipients of federal financial assistance and federal contractors to comply with regulations prohibiting discrimination in their programs or activities, the word “disability” was construed to be defined very broadly. This definition was explicitly stated in federal regulations and policies. When the Americans with Disabilities Act of 1990 (ADA) was passed, it was assumed by many in the advocacy and disability communities that the definition of “disability” would continue to be broadly defined.

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Community Currents

Breaking the Cycle of Recidivism: Alternative Sentencing for Criminal Defendants with Psychiatric Illnesses

An Overview of San Francisco Behavioral Health Court

By Oskar Vidaurre, PWDF Staff

The movement away from institutionalization and toward community-based treatment for people with mental illness has been taking place since the 1960s. While community-based treatment has been widely recognized as a more effective, humane form of treatment for the majority of mental health consumers, unfortunately, community-based treatment services are not always voluntarily accessed by those most in need of help. Because of this, correctional facilities tend to serve as de facto mental institutions for all those who slip through the cracks. Through Pauline Clark’s personal story and her experiences with the San Francisco Behavioral Health Court, the importance of comprehensive programs that engage and divert people with psychiatric disabilities away from incarceration and into effective and accountable community-based treatment becomes readily apparent.

Pauline Clark was standing at a corner in San Francisco’s seedy Tenderloin district when she was approached by an apparently drunk man. The stranger begged her to go into a nearby liquor store and buy him alcohol. Pauline desperately seized the opportunity to steal the cash from the man’s shirt pocket (all of six dollars) and attempted to flee.

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Counsel's Corner

Americans with Disabilities Act of 1990 Amended to Define "Disability" More Broadly - Effective January 1, 2009

Mental Health Parity Act Also Finally Becomes Law

By Steven Bruce, Managing Attorney

Since the Americans with Disabilities Act (ADA) was enacted into law in 1990 (effective 1991), the Supreme Court has ruled constrictively in determining under what circumstances a person can be found disabled in employment (Title I), with regard to state and other government entities (Title II), and with respect to public accommodations which covers the private sector (Title III). On September 25, 2008, President Bush signed into law the ADA Amendments Act of 2008 (Amendments). The Amendments generally overrule the U.S. Supreme Court interpretation regarding the following parts of the ADA...

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Program Updates

Education Update

Advocacy Update

PWDF Profile

Who We Are

People With Disabilities Foundation is an operating 501(c)(3) nonprofit organization based in San Francisco, California, which focuses on the rights of the mentally and developmentally disabled.

Services

Advocacy: PWDF advocates for Social Security claimant's disability benefits in eight Bay Area counties. We also provide services in disability rights, on issues regarding returning to work, and in ADA consultations, including areas of employment, health care, and education, among others. There is representation before all levels of federal court and Administrative Law Judges. No one is declined due to their inability to pay, and we offer a sliding scale for attorney's fees.

Education/Public Awareness: To help eliminate the stigma against people with mental disabilities in society, PWDF's educational program organizes workshops and public seminars, provides guest speakers with backgrounds in mental health, and produces educational materials such as videos.

Continuing Education Provider: State Bar of California MCLE, California Board of Behavioral Sciences Continuing Education, and Commission of Rehabilitation Counselor Certification.