Katrina Disaster Relief Information for People with Disabilities

Katrina Disability Information
Information for People with Disabilities who want to live a life they love

Dedicated to the survivors and the victims of Katrina who we were not prepared to help.

On the one year anniversary of the Katrina disaster, sadly people with disabilities are nearly as vulnerable as they were a year ago. The Bush administration and the Republican Congress have failed us. This site empowers us to take care of ourselves in a society that has demonstrated that it is ill-prepared to meet our needs. This site is no longer about just emergency preparedness, it is about all the resources we need to live the best life we can. It will continue to change and grow with our needs as a community. In the words of Justin Dart, " I call for solidarity among all who love justice, all who love life, to create a revolution that will empower every single human being to govern his or her life, to govern the society and to be fully productive of life quality for self and for all." Susan Fitzmaurice

New information added daily.

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A place to share your thoughts and ideas about the what is happening and what must begin to happen in your state aound emergency preparedness

September 26, 2006, the federal district court in the Eastern District of Louisiana approved a settlement in Brou v. FEMA, a class action lawsuit that will ensure that Hurricanes Katrina and Rita evacuees with disabilities will receive accessible FEMA trailers. The lawsuit was filed on behalf of eleven Katrina and Rita evacuees with disabilities who lived in Louisiana or Mississippi before they were displaced. Five additional plaintiffs were added later. Defendants are the Federal Emergency Management Agency (FEMA), the Department of Homeland Security, Michael Chertoff, the Director of the Department of Homeland Security, and David Paulison, the Director of FEMA. All of the named plaintiffs needed accessible trailers from FEMA, but all were provided with inaccessible trailers, no trailers, or were still waiting for simple modifications to make their trailers accessible. Plaintiffs' counsel estimates that thousands of other evacuees with disabilities may have needed, but did not get, accessible trailers from FEMA.

Plaintiffs are represented by the Advocacy Center, from Louisiana; the National Center for Law and Economic Justice, from New York; the Mississippi Justice Center; the Public Interest Law Project, from Oakland, California; and the New York City offices of Kirkland and Ellis LLP, a private law firm headquartered in Chicago. Approximately 25% of Katrina evacuees have disabilities, but at the time the suit was filed, only 1 to 2% of evacuees from Louisiana and Mississippi were provided with accessible trailers. Depending upon their needs, individuals may be entitled to a trailer with a ramp, wider doorways, more turn space for wheelchairs, lower appliances, sinks, and cabinets; accessible showers; shower chairs; grab bars near toilets, showers, and tubs; and other accessibility features. As a result of the settlement, FEMA has created special toll-free numbers for evacuees who need accessible trailers from FEMA :
866-496-4297 (for evacuees from Louisiana)
888-294-2820 (for evacuees from Mississippi)
The phone number will be staffed from Monday to Saturday, 9:00 am to 6:00 p.m. (excluding holidays), beginning October 10, 2006. The settlement also provides that:

• FEMA will notify evacuees within 5 days after they call the toll-free number of what FEMA intends to do to meet their accessibility needs, and when it plans to do it.

• If FEMA decides that a person's FEMA trailer can be modified to make it accessible, it must give an estimated time frame of up to 30 to 60 days for making the modifications, depending upon whether the modifications are standard (ramps, grab bars and stair railings) or more complex.

• FEMA must give an estimated time frame of up to 90 days for providing an accessible trailer, if FEMA decides to give the evacuee an accessible trailer, or replace an inaccessible trailer.

• If FEMA decides that an evacuee is not eligible for an accessible trailer or modifications, it must inform the evacuee in writing and give reasons.

• FEMA must handle complaints from evacuees with accessibility issues. Evacuees can call the toll-free number to complain if they disagree with what FEMA tells them it plans to do, or if they are otherwise not satisfied. Further review is available if hotline staff is unable to resolve the matter.

•FEMA will send a letter to the last known address of evacuees who are eligible for temporary housing and have requested or received a FEMA trailer, informing them of the toll-free numbers, and will send press releases and public service announcements to media outlets in Louisiana, Mississippi, and other states where many evacuees live.

Under the settlement, 5% of trailers at FEMA group trailer sites, and common areas of FEMA trailer sites, must meet Uniform Federal Accessibility Standards. "We are pleased that FEMA has decided to meet its legal obligation to give evacuees with disabilities accessible temporary housing," said Cary LaCheen, a Senior Staff Attorney at the National Center for Law and Economic Justice, one of the attorneys for the plaintiffs. "FEMA trailers are still the only housing available to thousands of people whose homes were damaged or destroyed by the hurricanes." said Nell Hahn, Director of Systems Advocacy and Litigation at the Advocacy Center, "Now, finally, people with disabilities will have equal access to this program."

FEMA Agrees to Handicap-Trailer Settlement By Tom Wilemon, The Sun Herald, Biloxi, Miss.

Sep. 4--OCEAN SPRINGS -- Claire Brou may have to use a scooter to get around, but she knows how to stand up for herself. The 78-year-old Ocean Springs woman and 10 other disabled people who lost homes to either Hurricane Katrina or Hurricane Rita filed a class-action lawsuit against FEMA, contending that the federal agency failed to provide them suitable housing. FEMA agreed to a settlement requiring it to provide more handicap-accessible trailers.

A judge will decide if the settlement is fair after a Sept. 26 hearing in U.S. District Court in New Orleans. Brou, a retired U.S. Air Force captain, is a well-known citizen in Ocean Springs who regularly attends City Hall meetings and keeps a close tab on her neighborhood. She relies on a scooter because she is paralyzed on her right side. Cary LaCheen, a lawyer with the National Center for Law and Economic Justice who worked on the case, said other disabled people may not have the wherewithal to fight for their rights. "There are a lot of other people out there who are still waiting or have given up waiting or are living in something that isn't accessible because they were told by a contractor when a trailer was delivered 'Take it or leave it.'

According to court papers, FEMA during the last week of September 2005 provided Brou with a trailer that had a door too narrow for her scooter to pass through. The agency gave her a second trailer in October, but the door handle on it was on the wrong side for Brou to use because of her paralysis. The inside was too narrow for her to turn her scooter around and it did not have a roll-in shower. She could only access the bed from the foot, and had to call 911 for assistance one night after she fell.

Other disabled South Mississippi residents who sued the federal agency were Eugene Joseph Johnson of Bay St. Louis and Terry West of Kiln. Their lawyers contended that FEMA violated the Fair Housing Act, the Architectural Barriers Act and other federal laws. Under terms of the settlement, FEMA denies any liability and maintains that it administered its programs in a lawful manner.

However, the agency has agreed to publicize how it will assist disabled individuals with temporary housing, establish a toll-free telephone number for the disabled to call, require that 10 percent of trailers ordered comply with Uniform Federal Accessibility Standards, hire a separate contractor to assist handicapped individuals, make sure than 5 percent of trailers in group sites are handicap accessible and appoint a third party to resolve disputes between the agency and handicapped individuals.
- Copyright (c) 2006, The Sun Herald, Biloxi, Miss.

Son of Katrina Victim, 91, Sues City, State
From the Associated Press, August 18, 2006
http://www.latimes.com/news/printedition/asection/la-na-katrina18aug18,1,3793389.story

NEW ORLEANS — The son of a 91-year-old woman who died slumped in her wheelchair after Hurricane Katrina — an image that came to symbolize the government's slow response to the catastrophic storm — sued the city and state Thursday.

Herbert Freeman Jr. accuses numerous state agencies and the city of New Orleans of gross negligence and willful misconduct in the death of his mother, Ethel Freeman. He alleges that they were ordered by New Orleans police to seek shelter at the city's convention center, even though no aid was available and there was no way out. Once they reached the shelter, they found huge crowds and no food, water, medical supplies or buses. A police officer told Freeman to park his mother outside because buses were on the way. "He told me, 'We'll put her outside so that she can be first in line,' " Freeman said. "I said, 'How long will it be?' He said, 'Maybe an hour. Maybe two.' " They waited outside in the heat for nearly 24 hours before she succumbed, Freeman said.

"Let's not forget: She survived the storm," said John Paul Massicot, an attorney for the family. "The storm didn't get her. She didn't survive the rescue." The lawsuit seeks unspecified monetary damages. Copyright 2006 Los Angeles Times

BE PREPARED

Who Knows You Might Need Help in an Emergency?
• Does your local police or fire department have a list of residents who are disabled or elderly?
• Does your city use Knox boxes (these are secure boxes that hold your house key that can only be opened by a signal emitted from a police truck or fire truck)?
• Do you have a file of life on your refrigerator (a red plastic envelope that holds the information most vital for someone to know in the event of an emergency)?
• Do your utility companies know you are dependent upon their service to live?

Do you have an Emergency Plan?
• Where do you meet if you are forced to leave your home? Both somewhere close and somewhere farther away.
• Who do you contact to let others know you are OK who is not likely to be experiencing the same emergency as you are?
• How do you get away from your home? What if you don't have or can't use a car to get away?
• If you need a caregiver, what will you do if they cannot get to you?
• Do you have children in school or adults in a program away from home - are you prepared to go get them?

Do you have a disaster supply kit?
•For eatting: canned foods for easy storage and long shelf life that can be eaten cold and uncooked, canned juices, canned milk, high energy food like peanut butter, nuts, dried fruit, and trail mix. One gallon of water per person per day. Extra water if you prefer dry juice & milk mixes. Disposable, rewashable plates and silverware (just in case water is in short supply.)
• For pets: pet food, dishes, an extra collar and leash, a pet carrier, and proof of vacinations.
• For safety: a first aid kit, a flash light with batteries or crank operated, clock and/or radio with batteries or crank operated, extra keys to your house & car, and fire extinguisher. If you have a spare cell phone - it will work to call 911 - if you have a battery charger for it.
• For your health: copies of your health record, health insurance card, an extra pair of glasses, and other durable or disposable medical equipment.
• For hygiene: trash bags, bleach - to purify water (16 drops per gallon) or to clean, and soap-free hand cleaner.
• For protection from elements: heavy duty plastic sheeting, duck tape, warm clothes, boots.
• For your future security: copies of your property insurance, deeds, wills, durable power of attorney, credit card numbers, school records, and social security cards. One way to do this is to electronically scan all these items and keep this information on a CD. But you also need to keep these items in a plastic bag or better yet a locked fire and water proof security box.

Durable Power of Attorney for Health Care
The "Durable Power of Attorney for Health Care" is a document in which you can delegate to a trusted friend or family member the power to become your agent for any health care decisions you are unable to make. In the DPAHC one can specify more clearly his or her wishes toward a pro-life position or what specific procedure you want done or not done and under what circumstances.. Your trusted friend or family member who is familiar with your values and wishes would have authority to make health care decisions on your behalf. The DPAHC takes the decisions away from the "establishment" and moves it towards "home." To the medical caregivers, the DPAHC essentially says: "Here is a person upon whom I have often been dependent for love and care in the past. Now, when I can no longer participate in decisions about my medical care, I am content to continue to be dependent upon his (her) love and care. Talk with him about what is best for me." A Durable Power of Attorney is more consistently enforced than any other legal document designed to help you when you can not help yourself.

The Disability Preparedness Vector Wheel includes instructions for individuals
to "prepare" or "respond" to emergencies including: fires, earthquakes, hurricanes, floods, terrorism, severe weather, tornadoes, and hazardous materials. There are areas where the individual may write in their personal information for medical conditions, allergies, and medications; emergency contact numbers for family and physicians; fire and police department phone numbers; and other critical contact numbers a person may need during an emergency situation.

Tips for preparedness and response are geared towards a person with a disability or special need. Instructions are written in easy to understand language and a large font to help the user learn how they can become better prepared.
http://www.nod.org/emergency for more information.

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The Disability Preparedness Center has established a bulletin board of information related to individuals with disabilities, organizations and initiatives to establish support for victims of the disaster on the Gulf Coast. We will attempt to keep up on the latest activities by posting them on the website. You can access this information by going to http://www.disabilitypreparedness.org and selecting Katrina.The National Center on Emergency Planning for People with Disabilities/ The Disability Preparedness Center is focused on helping ensure that all individuals are included in the development of and inclusion in plans for protection from both natural and man-made emergencies. In almost all cases, emergency planning, including evacuations and sheltering during natural disasters, attacks of terrorism, industrial and highway accidents has not taken into consideration the communication, transportation and medical needs of persons with disabilities, and other special populations.

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Because evacuees from the Gulf Coast are being sent to many states, you should be aware of a valuable resource that was developed by New Mexico's UCEDD, the Center for Development and Disability (CDD), in conjunction with other disability organizations in New Mexico and in other states. "Tips For First Responders" is an 11-page, color-coded, laminated 4.5 x 5.5-inch field guide that contains quick, easy-to-read information on how to assist persons with a wide range of disabilities, including Seniors, People with Service Animals, People with Mobility Challenges, People with Mental Illness, People who are Blind or Visually Impaired, People who are Deaf or Hard of Hearing, and People with Cognitive Disabilities. They are designed for use by first responders and other emergency personnel who may be unfamiliar with how to interact with people with these and similar disabilities. They were developed as part of New Mexico's emergency assessment process after 9/11. A statewide task forceon emergency preparedness and people with disabilities, chaired by CDD staff, included all major disability groups in the state and produced recommendations that were incorporated into the state's revised all-hazards response plan. CDD staff have also been active in providing technical assistance to other states around issues of emergency preparedness and people with disabilities. You can see the tip sheets at http://cdd.unm.edu/products/TipsForFirstResponders.htm

For more information, contact Tony Cahill at the CDD:
Email or (505) 272-2990.
Anthony G. Cahill
Senior Research Scientist and Head, Disability and Health Policy UNM
School of Medicine
(505) 272-2990 phone
(505) 272-9594 fax
(505) 228-7934 cell

These are an excellent resource and should be in every emergency vehicle everywhere. Susan

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NoBody Left BehindAs we watch the events unfold with the recovery efforts from Hurricane Katrina, it is a reminder for many of us to stay on course with our work in the area of disaster preparedness and response as related to persons with disabilities. Please refer to website for the Nobody Left Behind research project and associated consumer resources at the University of Kansas, Research and Training Center on Independent Living, 785-864-3791.
http://www.nobodyleftbehind2.org/

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IMPORTANT DISASTER PREPAREDNESS ARTICLES and GUIDES

Prepare Yourself Disaster Preparedness Tips for People with Disabilities by the N.O.D. (PDF )

Prepare. Plan. Stay Informed
http://www.ready.gov/ (Homeland Security)

Vigilant, Effective, Efficient.
http://www.tsa.gov/travelers/airtravel/assistant/new-procedures.shtm (Transportation Security)

Disaster Mitigation for Persons with Disabilities
Seven principles to guide disaster relief for people with disabilities
http://www.accessiblesociety.org/topics/independentliving/disasterprep.htm

FCC/ Federal Communication Commission. This page contains links to information that may be helpful to consumers and the general public during this emergency situation. The links include FCC fact sheets with pertinent information for communicating during emergency situations; local TV stations that may provide updated news and information in the affected areas; links to amateur radio organizations who may provide alternative communications services; and information about how consumers can help with the relief efforts.
http://www.fcc.gov/cgb/katrina/Consumers.html

Disaster Preparedness Resources for People with Disabilties
June Kailes provides disaster information for people with disabilities including her articles:
Emergency Power Planning for People Who Use Electricity and Battery Dependent Assistive Technology and Medical Devices
and Disaster Services and "Special Needs": Term of Art or Meaningless Term?
http://www.jik.com/disaster.html

Emergency Evacuation Procedures for Employees with Disabilities
An overview of emergency procedures for employees with disabilities
http://www.jan.wvu.edu/media/emergency.html
Caregiving Manual http://www.senior2senior.org or (PDF)

Report on Special Needs Assessment for Katrina Evacuees Project, 2005 SNAKE Report (PDF)

Emergency Preparedness: Taking Responsibility For Your Safety - Tips for People with Activity Limitations and Disabilities. (2006) written for Los Angeles County Emergency Survival Program ESP Guide (PDF)

Serving and Protecting All by Applying Lessons Learned Including People with Disabilities and Seniors in Disaster Services, (March 2006), June Kailes and California Foundation for IL
http://www.cfilc.org/site/c.ghKRI0PDIoE/b.1545243/k.97B8/Disaster_Preparedness_Serving__ProtectingbrPeople_with_Disabilities.htm

Saving Lives: Including People with Disabilities in Emergency Planning, National Council on Disability, 2005
http://www.ncd.gov/newsroom/publications/2005/saving_lives.htm

American Association on Health and Disability Annotated Bibliography on Emergency
Response and Disaster Preparedness
http://www.aahd.us

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