[il-talk] American Bar Association Article

Fri Jan 12 18:45:44 UTC 2018

Here's the article where Patti Chang is quoted. It's an excellent
presentation of the issues and progress that has been made.

Accessibility matters: Experts and lawyers with disabilities help bars find,
eliminate barriers 

Volume 42 Number 3 

By Robert J. Derocher 

Legally blind since the age of 12, Chicago attorney Patti Gregory-Chang has
encountered her fair share of ignorance and patronization regarding her
disability.

The one place where she didn't expect that experience?

A bar association meeting.

"I came in to register, and the woman at the desk said, 'Oh, honey, this is
the bar association. Where are you trying to go?' says Gregory-Chang, a
lawyer for three decades. "I'm sure she meant well, but the message she sent
was not good, it was not welcoming."

As a member of the <https://www.isba.org/committees/disabilitylaw>
Disability Law Committee of the <https://www.isba.org/> Illinois State Bar
Association, Gregory-Chang has long advocated for lawyers with disabilities,
educating fellow bar members-and staff-on how to better meet their needs, as
well of those of the public. One part of that role, she says, is to serve as
a bit of a bar gadfly.

"The bar is improving, but I've been pestering them for a while," she adds.

While sometimes frank and even uncomfortable, that direct dialogue is
critical to creating more accessible associations, according to disability
rights advocates and bar leaders. Although such discussions-both inside and
outside the bar-can help address short-term accessibility challenges, they
say, it also has long-term implications. Increasingly longer life spans and
later retirement ages may make it more likely that bar associations will see
more members facing disabilities, with hearing and vision loss and decreased
mobility and cognitive abilities being the most prevalent.

Knowing where accessibility challenges lie and addressing them immediately,
many experts say, will make bars of any size more available and welcoming to
all members-both now and in the years ahead.

Making the bar accessible for all

At the heart of accessibility for bar associations and any organization is
the anti-discriminatory Americans with Disabilities Act. The 1990 civil
rights law imposes legal requirements for such associations to provide
accessibility for people with disabilities to a wide range of activities,
from meeting places to learning and licensing events such as continuing
legal education.

"There are more and more people with disabilities entering the profession.
They want full access to the bar and certain events-and they should get it,"
says Robert Gonzales, chair of the
<https://www.americanbar.org/groups/disabilityrights.html> ABA Commission on
Disability Rights. Gonzales is also a past president of the
<https://www.baltimorebar.org/> Bar Association of Baltimore City, the
<http://www.msba.org/> Maryland State Bar Association, and the
<http://ncbp.org/> National Conference of Bar Presidents.

Accessibility is a key component not only of planning for Commission events
and activities, according to Gonzales, but for all ABA events. "If it's not
accessible for one, it's not accessible for all," he says. The place where
planning for many ABA events and activities begins, Gonzales notes, is the
Commission's
<https://www.americanbar.org/content/dam/aba/administrative/mental_physical_
disability/Accessible_Meetings_Toolkit.authcheckdam.pdf> planning toolkit.

Accessibility, he adds, extends far beyond a ramp for wheelchair-bound
lawyers. Sign language and captioning for the hearing impaired, Braille and
speech-synthesizing screen readers for the visually impaired, and materials
and assistance for people with speech and cognitive disabilities are just
some of the accessibility accommodations increasingly made for bar members.

"I think being fully ADA compliant involves lesser known disabilities such
as cognitive disabilities," agrees Doug Knapp, director of electronic
communications for the ISBA. "We have focused on making our website, and our
vendors' websites, accessible to screen readers, as well as being able to
navigate by keyboard, because we know of members who need these functions."

A key player in Knapp's efforts: Gregory-Chang, also a former attorney for
the city of Chicago and director of outreach for
<https://nfb.org/?gclid=CjwKCAiAsejRBRB3EiwAZft7sDqmGgZytRsjHsS8HGYbTf4UxJKC
COrdTn9pgYIenFFvwjDftxJ8vhoCarQQAvD_BwE> National Federation of the Blind,
where she previously served on the executive board. Gregory-Chang has served
as a sounding board and tester for the bar's website efforts.

"She has given me a huge appreciation for how difficult it is. It really
requires a different kind of skill set.  You gain an appreciation of what
blind people have to go through," Knapp says. "The testing on [screen
readers] can be brutal."

Barriers often hide in plain sight

While Gregory-Chang has appreciated the opportunity to help Knapp, she says
bar associations can-and should-do more to improve accessibility. Offering a
DVD in place of a CLE event, for example, is not the same, she says.

"If you really want to welcome people with disabilities, you actually need
to listen to them. Welcome disabled attorneys to talk to your staff. Maybe
elevate some of these disability and diversity committees to practice groups
or section councils," Gregory-Chang advises. "Diversity is more than race
and gender."

Leaders of the <https://www.mcba.org/> Monroe County (N.Y.) Bar Association
were listening when members complained about accessibility shortcomings two
years ago, says Kevin Ryan, the bar's executive director. What followed was
a comprehensive anti-discrimination policy that soon led to a problem quite
close to home, as bar leaders realized that they weren't in conformance with
that policy: A set of men's and women's restrooms in the bar's offices were
not accessible. The bar's board approved a $20,000 outlay to create two
unisex restrooms, with one of those fully accessible. "Now, we're following
our own policy," Ryan notes.

The new policy has also been helpful in addressing issues that the bar
thought it had addressed previously, according to Ryan. For example, a table
that could accommodate wheelchairs had been set aside in a meeting room. The
bar consulted with a local disability rights organization and discovered
that it was unintentionally segregating members using wheelchairs. The bar
also obtained chairs on wheels that allow greater flexibility in seating
people with disabilities.

The consultant from the disability rights organization continues to assist
the bar, Ryan adds. "She's been able to get us resources, and she helped us
develop a checklist [for bar-sponsored events]. It's been helpful to reach
out to someone in the community who is aware of how these things should be
done. She's been a big help."

The checklist led to a shakeup in bar events, with some traditional bar
event venues being dropped because of lack of accessibility. And a planned
change in the bar's main reception area will lead to a new desk that is an
appropriate height for people with disabilities.

"We now see things that we didn't once see," Ryan says.

'An increasingly hot topic'

One thing bar associations are likely to continue seeing is an increase in
aging bar members with disabilities, says Pamela Hoopes, legal director of
the Disability Law Center at <http://mylegalaid.org/> Mid-Minnesota Legal
Aid, which is a state-designated protection agency for the ADA. In December
2017, Hoopes facilitated a webinar for the <http://www.nabenet.org/>
National Association of Bar Executives, focused on disability and
accessibility.

"Lawyers tend to retire later than a lot of other professionals, and there
are challenges that come with that," she explains. "It will be an
increasingly hot topic."

One task that Hoopes recommends for bar associations to start in their quest
to be ADA compliant-or even better than compliant-is to carry out a
self-audit. Each state has an agency similar to the MMLA that can provide
resources to assist in a self-audit and subsequent compliance efforts.

"We try to encourage proactive steps," Hoopes says. "It's not just about
compliance. It's really about protecting civil rights."

She also encourages bars to either establish disability rights committees or
to emphasize the need to address such issues through access-to-justice or
diversity committees, as well as working with the state and local judiciary
to carry out joint efforts to improve accessibility in the courts.

On the national level, Gonzales says the ABA is increasing efforts to foster
technological advancements that will lead to improved accessibility for
lawyers and everyone accessing the legal profession. Part of that effort, he
adds, is encouraging some of the nation's top law firms to develop
comprehensive accessibility plans.

While much still needs to be done, Gregory-Chang says, the increasing
efforts by law firms, bar associations, and the courts to improve
accessibility are being noticed by people with disabilities-particularly
those who have worked to hide their disabilities over the years, such as the
hard of hearing and people with epilepsy and mental health issues.

"You really have to train your staff, and work to make [bar associations]
welcoming, inclusive environments," she says. "We want equal access. We want
to participate fully."

Additional resources

Multiple resources are available to help bar associations evaluate their
accessibility needs and to make improvements. They include:

the
<http://www.americanbar.org/groups/disabilityrights/resources/access_info.ht
ml> ABA Commission on Disability Rights;

an  <https://www.ada.gov/racheck.pdf> ADA self-audit;

The <https://www.justice.gov/crt/disability-rights-section> Disability
Rights Section within the Civil Rights Division of the U.S. Department of
Justice;

The U.S. Department of Justice Accessibility Publications and Technical
Assistance, (800) 514-0301 or (800) 514-0383 (TDD);

Several sites for improving website accessibility and technology, including:

the National Federation of the Blind  <https://nfb.org/technology-center>
Center of Excellence in Nonvisual Access to Education, Public Information,
and Commerce (CENA);  
W3C's  <https://www.w3.org/standards/webdesign/accessibility> web design
accessibility standards;

A <https://www.justice.gov/crt/web-page-accessibility-checklist1> checklist
from the U.S. DOJ Civil Rights Division, drawn from the W3C's standards; and

The United States Access Board's
<https://www.access-board.gov/guidelines-and-standards/communications-and-it
/about-the-ict-refresh> updated requirements for information and
communication technology.

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r_leader/2017-18/january-february/accessibility-matters-experts-and-lawyers-
with-disabilities-help-bars-find-eliminate-barriers.html> Accessibility
matters: Experts and lawyers with disabilities help bars find, eliminate
barriers 

Accessibility matters: Experts and lawyers with disabilities help bars find,
eliminate barriers 

Volume 42 Number 3 

By Robert J. Derocher 

Legally blind since the age of 12, Chicago attorney Patti Gregory-Chang has
encountered her fair share of ignorance and patronization regarding her
disability.

The one place where she didn't expect that experience?

A bar association meeting.

"I came in to register, and the woman at the desk said, 'Oh, honey, this is
the bar association. Where are you trying to go?' says Gregory-Chang, a
lawyer for three decades. "I'm sure she meant well, but the message she sent
was not good, it was not welcoming."

As a member of the <https://www.isba.org/committees/disabilitylaw>
Disability Law Committee of the <https://www.isba.org/> Illinois State Bar
Association, Gregory-Chang has long advocated for lawyers with disabilities,
educating fellow bar members-and staff-on how to better meet their needs, as
well of those of the public. One part of that role, she says, is to serve as
a bit of a bar gadfly.

"The bar is improving, but I've been pestering them for a while," she adds.

While sometimes frank and even uncomfortable, that direct dialogue is
critical to creating more accessible associations, according to disability
rights advocates and bar leaders. Although such discussions-both inside and
outside the bar-can help address short-term accessibility challenges, they
say, it also has long-term implications. Increasingly longer life spans and
later retirement ages may make it more likely that bar associations will see
more members facing disabilities, with hearing and vision loss and decreased
mobility and cognitive abilities being the most prevalent.

Knowing where accessibility challenges lie and addressing them immediately,
many experts say, will make bars of any size more available and welcoming to
all members-both now and in the years ahead.

Making the bar accessible for all

At the heart of accessibility for bar associations and any organization is
the anti-discriminatory Americans with Disabilities Act. The 1990 civil
rights law imposes legal requirements for such associations to provide
accessibility for people with disabilities to a wide range of activities,
from meeting places to learning and licensing events such as continuing
legal education.

"There are more and more people with disabilities entering the profession.
They want full access to the bar and certain events-and they should get it,"
says Robert Gonzales, chair of the
<https://www.americanbar.org/groups/disabilityrights.html> ABA Commission on
Disability Rights. Gonzales is also a past president of the
<https://www.baltimorebar.org/> Bar Association of Baltimore City, the
<http://www.msba.org/> Maryland State Bar Association, and the
<http://ncbp.org/> National Conference of Bar Presidents.

Accessibility is a key component not only of planning for Commission events
and activities, according to Gonzales, but for all ABA events. "If it's not
accessible for one, it's not accessible for all," he says. The place where
planning for many ABA events and activities begins, Gonzales notes, is the
Commission's
<https://www.americanbar.org/content/dam/aba/administrative/mental_physical_
disability/Accessible_Meetings_Toolkit.authcheckdam.pdf> planning toolkit.

Accessibility, he adds, extends far beyond a ramp for wheelchair-bound
lawyers. Sign language and captioning for the hearing impaired, Braille and
speech-synthesizing screen readers for the visually impaired, and materials
and assistance for people with speech and cognitive disabilities are just
some of the accessibility accommodations increasingly made for bar members.

"I think being fully ADA compliant involves lesser known disabilities such
as cognitive disabilities," agrees Doug Knapp, director of electronic
communications for the ISBA. "We have focused on making our website, and our
vendors' websites, accessible to screen readers, as well as being able to
navigate by keyboard, because we know of members who need these functions."

A key player in Knapp's efforts: Gregory-Chang, also a former attorney for
the city of Chicago and director of outreach for
<https://nfb.org/?gclid=CjwKCAiAsejRBRB3EiwAZft7sDqmGgZytRsjHsS8HGYbTf4UxJKC
COrdTn9pgYIenFFvwjDftxJ8vhoCarQQAvD_BwE> National Federation of the Blind,
where she previously served on the executive board. Gregory-Chang has served
as a sounding board and tester for the bar's website efforts.

"She has given me a huge appreciation for how difficult it is. It really
requires a different kind of skill set.  You gain an appreciation of what
blind people have to go through," Knapp says. "The testing on [screen
readers] can be brutal."

Barriers often hide in plain sight

While Gregory-Chang has appreciated the opportunity to help Knapp, she says
bar associations can-and should-do more to improve accessibility. Offering a
DVD in place of a CLE event, for example, is not the same, she says.

"If you really want to welcome people with disabilities, you actually need
to listen to them. Welcome disabled attorneys to talk to your staff. Maybe
elevate some of these disability and diversity committees to practice groups
or section councils," Gregory-Chang advises. "Diversity is more than race
and gender."

Leaders of the <https://www.mcba.org/> Monroe County (N.Y.) Bar Association
were listening when members complained about accessibility shortcomings two
years ago, says Kevin Ryan, the bar's executive director. What followed was
a comprehensive anti-discrimination policy that soon led to a problem quite
close to home, as bar leaders realized that they weren't in conformance with
that policy: A set of men's and women's restrooms in the bar's offices were
not accessible. The bar's board approved a $20,000 outlay to create two
unisex restrooms, with one of those fully accessible. "Now, we're following
our own policy," Ryan notes.

The new policy has also been helpful in addressing issues that the bar
thought it had addressed previously, according to Ryan. For example, a table
that could accommodate wheelchairs had been set aside in a meeting room. The
bar consulted with a local disability rights organization and discovered
that it was unintentionally segregating members using wheelchairs. The bar
also obtained chairs on wheels that allow greater flexibility in seating
people with disabilities.

The consultant from the disability rights organization continues to assist
the bar, Ryan adds. "She's been able to get us resources, and she helped us
develop a checklist [for bar-sponsored events]. It's been helpful to reach
out to someone in the community who is aware of how these things should be
done. She's been a big help."

The checklist led to a shakeup in bar events, with some traditional bar
event venues being dropped because of lack of accessibility. And a planned
change in the bar's main reception area will lead to a new desk that is an
appropriate height for people with disabilities.

"We now see things that we didn't once see," Ryan says.

'An increasingly hot topic'