THE BRAILLE MONITOR

MARCH -- 1967

INKPRINT EDITION

VOICE OF THE NATIONAL FEDERATION OF THE BLIND

The National Federation of the Blind is not an organization speaking for the blind- -it is the blind speaking for themselves

Monitor Headquarters 2652 Shasta Road, Berkeley, California 94708

Published monthly in braille and distributed free to the blind by the National Federation of the Blind, President: Jacobus tenBroek, 2652 Shasta Road, Berkeley, California 94708.

Inkprint edition produced and distributed by the National Federation of the Blind.

Editor: Jacobus tenBroek, 2652 Shasta Road, Berkeley, California 94708.

News items and changes of address should be sent to the Editor.

TABLE OF CONTENTS

LEGISLATIVE BULLETIN: WAIVER OF SINGLE STATE AGENCY REQUIREMENT

THEATER FOR THE DEAF

U.S. WCWB DELEGATION MEETS

NINE REGIONAL RESEARCH INSTITUTES ESTABLISHED BY VRA

WYOMING ADOPTS WHITE CANE LAW

A ROBBERY IS VIEWED BY POLICE OFFICERS

LETTER FROM EMMETT WALSH, LA CROSSE, WISCONSIN

DESPITE FEARS, THE BLIND COME IN

ANALYSIS OF NEW SHELTERED SHOP MINIMUM WAGE REGULATIONS

PROVISIONS OF SECTION 14 OF THE FAIR LABOR STANDARDS ACT RELATING TO HANDICAPPED WORKERS

COOKING BY SNIFF, SIZZLE, AND SOUND

EDITORIAL: HONOR SYSTEM FOR PUBLIC WELFARE

THE PARRISH SIT-IN CASE

VILLAGE FOR THE HANDICAPPED

SPECIAL NOTICE: LARGE-PRINT MONITOR

BLIND PICKETS JOIN STRIKING SOCIAL WORKERS

THE BLIND IN BULGARIA

FEDERAL LEGISLATIVE OBJECTIVES 1967 OF THE AMERICAN PUBLIC WELFARE ASSOCIATION

A BUREAU OF EDUCATION FOR THE HANDICAPPED

KING-NFB CONTINUE COOPERATION TOWARD BLIND AND IMPROVEMENTS

PROJECT EARNING POWER RECEIVES NEW GRANT

1970 NATIONAL CENSUS TO IDENTIFY HANDICAPPED

VENDORS AND LEGISLATIVE COMMITTEE MEET IN ST. PAUL

NEW CSB GUIDELINES STAND PAT

MONITOR MINIATURES

SHELTERED WORKSHOPS FOR THE PHYSICALLY DISABLED

 

LEGISLATIVE BULLETIN WAIVER OF SINGLE STATE AGENCY REQUIREMENT

NATIONAL FEDERATION OF THE BLIND
Office of the President
2652 Shasta Road
Berkeley, California 94708

February 23, 1967
NFB-5; 67-5

Now pending in the 90th Congress are bills containing the waiver of a single state agency requirement for which Federationists fought in the last session. The bills are S. 698 introduced in the Senate by the Honorable Edmund Muskie of Maine, and H.R. 599 introduced in the House by the Honorable Don Fuqua of Florida.

At present the federal law requires the administration of federally aided programs through a single state agency. The waiver of the single state agency requirement would permit the state executive to assign the administration of such programs to various state agencies. Thus even though a state has gone under Title XVI combining the categorical aid programs, blind aid might be administered separately. Likewise services provided to blind persons through a single state agency providing such services to other groups may be transferred to a separate state agency. Services provided to blind persons under various federal-state programs could be withdrawn from all of them and administered through a commission for the blind.

In S. 698 the crucial section is Section 204, and in H.R. 599 it is Section 106.

Letters and telegrams in support of Section 204 of S. 698, the "waiver of single state agency requirement" provision, should be sent to Honorable John McClellan, Chairman, Committee on Government Operations.

You should also tell your own two senators of your interest in Section 204 of S. 698, and ask them to indicate their endorsement of this provision to Chairman McClellan.

Communications to Chairman John McClellan and to your own two senators should be addressed: Honorable ___________, Senate Office Building, Washington, D.C. 20510.

Section 106 is the crucial provision in Congressman Fuqua's H.R. 599 bill.

Communications in support of Section 106 of H.R. 599, the "waiver of single state agency requirement" provision now pending in the House of Representatives, should be sent to Honorable William L. Dawson, Committee on Government Operations.

You should also get in touch with your own congressman, letting him know of your interest in Section 106 of H.R. 599, and asking him for his support of this proposal by notifying Chairman Dawson of his support.

Communications to Chairman William L. Dawson and to your own congressman should be addressed: Honorable _____________, House Office Building, Washington, D.C. 20515.

In the last session of Congress, the measure containing the "waiver of single state agency requirement" passed the Senate and hearings were held in the House. There was much opposition to its various proposals, however, and it died without final action with the adjournment of the 89th Congress.

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THEATER FOR THE DEAF

By Phyllis Battelle

(From the Los Angeles Herald-Examiner, February 1967)

Some years ago Helen Keller--blind, deaf and dauntless--told me if miracles were being handed out, she would pray to have her hearing restored. Never mind the sight.

"Hearing is the source of knowledge," she said in the rasping, jerking voice she made for herself, but has never heard. "And to be cut off from sound--that is to be isolated, indeed, from the world."

Miss Keller has spent more than half of her 85 years as an ambassadress for the blind. Yet the power of hearing is the loss she regrets most.

Why she never actively fought for concern for the deaf is probably best explained by the fact that, although she considers deafness the greater tragedy, the world's "normal" people have never been roused to mass sympathy for the affliction.

It causes no fever, no crutches, no seeing-eye dog, not even a sneeze. "Unfortunately," a deaf man wrote me once, "it doesn't make you sick. It just makes people sick of you. They're somehow annoyed that a big, strong person who looks so perfectly healthy can't understand what they're saying. . . ."

Miss Keller and the thousands of others with hearing handicaps will be gratified to learn of a new phenomenon in the theatrical world described by Phyllis Battelle in her Los Angeles Herald-Examiner column of February 1st.

She tells of a new "theater of the deaf," which will provide a cultural outlet through which deaf people can publicly prove their artistry. The project is sponsored by the Eugene O'Neill Foundation and will be spectacularly launched in March when prize-winning director-choreographer Joe Layton directs deaf actors and dancers in a musical TV special on NBC.

"It's going to be a whole new kind of theatrical experience for non-deaf audiences. Total fluid movement, with mime and sign fused--it could develop into another art form," says the 35-year-old Layton, who won an Emmy Award for TV's "My Name is Barbra" and a Tony Award for Broadway's "No Strings."

"I'm going to stage it just as I'd stage any production where the artists can hear, except that these performers will get their cues, their tempos, in a different way," "Cues," he explains, "will be given by a new instrument whose vibrations and sounds can be felt by deaf people. Pulsating lights will give the performers their tempos and provide special visual effects to the audience."

After the TV special, the O'Neill Foundation will sponsor a repertory company which will tour the country, and later the western world, displaying this new theatrical form. The company will be guided without fee by such notable directors as Layton, Arthur Penn, and Jose Quintero.

"I firmly believe," says Layton, who has studied sign language in preparation for the project, "that this is going to be one of the most thrilling things that's happened in the theater. But more important, it's going to give a chance for the first time to deaf people with aspirations."

"You know," he smiled, "almost everybody aspires to some form of artistic outlet. Almost everybody gets stage-struck some time or other. And the deaf are no different from anyone else in that way--except their hands are their voices and their grace is their music."

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U.S. WCWB DELEGATION MEETS

The composition of the United States delegation to the World Council for the Welfare of the Blind was the principal item on the agenda in the latest of a four-year series of meetings devoted to this and related topics. Held in the Polly Thompson room at the headquarters of the American Foundation for the Blind in New York, February 17th, all six U.S. delegates were present: Peter Salmon, representing the American Foundation for Overseas Blind; M. Robert Barnett, representing the American Foundation for the Blind; Lee Iverson, representing the American Association of Instructors for the Blind; Louis Rives and Marjorie Hooper, representing the American Association of Workers for the Blind; and Jacobus tenBroek, representing the National Federation of the Blind. Also in attendance were representatives of the Blinded Veterans Association, the American Council of the Blind, various governmental agencies having programs for the blind, and Eric Boulter as president of the WCWB.

The participation of government representatives in the U.S. delegation, the willingness and ability of other agencies for the blind and organizations of the blind to share the opportunities and obligations of the delegation, and alternative methods of selecting the members of the delegation, including the creation of a U.S. committee for the WCWB, were thoroughly explored.

President Boulter reviewed the agenda of the forthcoming meeting of the WCWB executive committee in Belgrade, Yugoslavia, April 17th through 21st. The U.S. members of that committee are elected by the U.S. delegation and are all agency representatives.

The most lively discussion at the New York meeting was reserved for the proposal of the organized blind that the five agency members of the delegation surrender two of their seats which then would be allocated to the organized blind, thus leaving three seats in the hands of the agencies and giving an equal number to the organizations. The AAWB has two seats, and the AFOB and AFB--two closely related and controlled agencies--have two seats.

Professor tenBroek, who has tabled this proposal perennially, argued that its acceptance is now required by the 1964 amendment to the WCWB constitution:

Where in any country there exists a substantial group of blind persons organised into associations and where there are blind persons occupying leading positions in agencies for the blind, adequate provision should be made for their representation in the national delegation.

By the end of the meeting, no agency seats were made available for reallocation. Instead a final decision was again postponed. An ad hoc advisory committee consisting of some thirty national agencies and organizations was authorized. It will meet with the U.S. delegation in the summer or early fall of this year further to consider the method of selecting the U.S. delegation and its composition.

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NINE REGIONAL RESEARCH INSTITUTES ESTABLISHED BY VRA

(An HEW Release)

Nine regional rehabilitation research institutes--designed to concentrate nine basic, or core, areas of research in university-oriented centers throughout the United States--have been established by the Vocational Rehabilitation Administration. Representatives from the institutes held their first conference at the Department of Health, Education, and Welfare in Washington, D.C., on January 9 and 10.

"These unique institutions in the area of rehabilitation research were set up to overcome the communication barrier, which so often keeps the results of research from being known and used by those who need it," said VRA Commissioner Mary E. Switzer. "In addition these institutes will stimulate state rehabilitation agencies to become curious about their operational problems which might be subject to research. The institutes also conduct operational research at the request of regional offices or state agencies."

The relationship between motivation and dependency is the core area of research at Northeastern University, Boston, Massachusetts. The human element in rehabilitation workshops will be researched at the New York State School of Industrial and Labor Relations, Cornell University, Ithaca, New York; while the physical element in rehabilitation workshops will be studied at the University of Maryland, College Park, Maryland.

The University of Florida at Gainesville, Florida is researching motivation of both clients and the rehabilitation professional. The University of Wisconsin, Madison, Wisconsin is studying the role of the rehabilitation counselor. The University of Missouri, Columbia, Missouri will concentrate on the social, economic, psychological and cultural factors in the rehabilitation process. The core area of research for the University of Oklahoma, Norman, will be administration and management in state rehabilitation agencies. Interpersonal relations in rural areas is being studied at the University of Utah, Salt Lake City, Utah; and the role of the family in the rehabilitation process will be the subject of research at the University of Washington, Seattle, Washington.

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WYOMING ADOPTS WHITE CANE LAW

Wyoming became on February 2nd the first state to enact a White Cane law based on the Model White Cane law proposed by Professor Jacobus tenBroek and Russell Kletzing. In Wyoming's case, passage of the law was especially significant because its previous White Cane law had been accidentally removed from the books.

The Wyoming law, however, differs from the Model White Cane law in several respects. It entirely omits Section 1 of the Model law, which makes it state policy to encourage and enable the blind and other handicapped persons to participate fully in the social and economic life of the state.

Sections 2(a), (b), and (c) of the Model law, regarding guide dogs and rights of the blind as pedestrians and in places of public accommodation, are little-changed in the Wyoming statute.

Section 3 of the Model law, which requires drivers to exercise caution when approaching a pedestrian with a cane or guide dog, is repeated almost exactly in Section 2 of the Wyoming law. The Wyoming law, however, fails to incorporate the important clause which states that a blind pedestrian who fails to use a cane or dog is still entitled to all the rights conferred by law upon other persons, and that failure to use a cane or dog shall not be held to constitute nor be evidence of contributory negligence.

Section 4 of the Model law provides that any person, firm, corporation, or agent of such who violates the other sections shall be guilty of a misdemeanor. The Wyoming statute echoes this provision and adds that such a person upon conviction shall be fined not more than fifty dollars for the first offense and not more than one hundred dollars for each subsequent offense.

Section 5 of the Model law, requiring the governor to take suitable public notice of October 15th as "White Cane Safety Day, and Section 6, which gives blind persons the same right to state or state -supported employment as the able-bodied where possible, are both omitted in the Wyoming law.

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A ROBBERY IS VIEWED BY POLICE OFFICERS

(From the Kansas City (Missouri) Star, February 1967)

A 15-year-old boy's robbery of a blind man proved ill-timed. Watching all or part of the incident from various vantage points were three policemen and a motorist who showed no aversion to becoming involved.

Henry Bybee, the victim, told police he felt a tap on his shoulder and heard a young voice say:

"I'm a police officer. I want to see your identification."

When Bybee produced his wallet, it was seized from his hand and he heard rapidly retreating footsteps.

Observing the whole incident from a bus was Herbert McCoy, a police sergeant who was off duty. Also watching was Arthur C. Holden, a passing motorist. And from an unmarked police car two other police-men, Roger Gibson and John Cowdrey, who were on duty, saw the youth flee down the street.

Gibson and Cowdrey caught the boy on Linwood Boulevard. In his possession was Bybee's wallet, containing $143. Then Holden drove up and McCoy, now on foot, arrived on the scene with explanations of how Bybee's wallet happened to be in the youth's possession.

After admitting that he had taken Bybee's wallet, the boy was placed in custody of juvenile officials.

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LETTER FROM EMMETT WALSH

1225 Madison Street
La Crosse, Wisconsin 54601
February 9, 1967

"The article by Bill Taylor in the January issue of the Braille Monitor is excellent. The decision in the Argo case rendered by the Supreme Court of Pennsylvania is a landmark in the annals of American jurisprudence.

"I wonder if I might have say a half dozen copies of the Taylor article plus the decision of the Pennsylvania Supreme Court for distribution to the Wisconsin press and to our state senator. I sent him a copy of the NFB White Cane law- -Model, and asked him to introduce identical legislation into the Wisconsin state legislature this session. I received a reply from him and he informed me that he had had conferences with the state assemblymen in our senatorial district concerning the legislation. It seems that the Pennsylvania Supreme Court decision will bolster our cause in behalf of favorable legislation in Wisconsin.

"I soon will be sixty-three so my main interest here is to do something that will give those citizens who no longer have their sight, or perhaps who never had it, or who may be born in the future without it, a better chance in this crazy world. 'Eternal vigilance is the price of liberty."

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DESPITE FEARS, THE BLIND COME IN

(From the Kansas City (Missouri) Star, February 1967)

Kano, Nigeria--The massacres have killed some and frightened away others. Their numbers are diminished. But still they come, groping, haltingly, some led by children in worn robes and bare feet. Some are children themselves.

They are the blind or nearly blind. Daily they line up for treatment at the Kano Eye Hospital of the Sudan interior mission outside the walls of this ancient Moslem trade city. Established in 1943, it was the first hospital exclusively treating eyes in the western Sudan belt immediately south of the Sahara desert, a land where blindness is a way of life.

About 10 per cent of the population in the arc from Mali to the northern Cameroon is blind or nearly blind. In northern Nigeria alone there are an estimated 3 million persons who have lost some sight, nearly a million who have lost it permanently. The United States, with more than six times the population of northern Nigeria, has 400,000 totally blind.

A few months ago, about 500 persons daily waited for treatment at the clinic. The 130 beds in the wards were filled with others awaiting or recovering from surgery that restored the sight of many.

In late September, northerners turned on eastern Ibos living in the North, killing thousands throughout the region. Hundreds died in Kano. The Sabon Gari, the strangers' quarters outside the mud walls of Kano, now is virtually deserted. About 30,000 once lived there. The hospital is in Sabon Gari and drew most of its patients from the quarter.

The wards now are empty. Most of the Nigerian nurses and orderlies have fled to the East. The American surgeon returned home. The hospital staff hopes for a replacement by the end of this month.

About 100 patients now appear daily at the clinic. Many have walked miles--in some cases, days--from the bush country. Many are children.

"After they see that their native doctors can do nothing," said Delta Bond, 48, of Muscatine, Iowa, a nurse in Kano since 1944, parents bring them here as a last resort. Often they come too late. It makes you sick."

Smallpox and measles blind many children. Patients appear frequently with glaucoma or cataracts. The simulium fly, a black gnat, introduces infection-causing worms into the body where they attach the eyes. Syphillis causes considerable blindness, too.

Occasionally, a blind beggar refuses an operation because he has become accustomed to using his handicap to earn a living. Most patients--predominantly Moslem--who come to the Protestant-operated hospital Submit to the operation and respond to its success with "Na gohdey," which means "I thank you" in Hausa, the most widely spoken language in the North.

Churches throughout the world support the hospital, which now charges for the operation and other services it once provided free.

"Most people pay," said Miss Bond. "There is more money around now." Those who can't pay still get treatment.

The First Baptist Church of Muscatine provides $1,800 for Miss Bond's support. Half the annual sum goes for furlough and retirement pay. The rest is her year's spending money (her house, food and other living expenses in Kano are paid by the hospital)--at a rate of less than $80 per month.

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ANALYSIS OF NEW SHELTERED SHOP MINIMUM WAGE REGULATIONS

By Russell Kletzing

The legislation establishing minimum wages for industrial workers and later for others was enacted in the mid-thirties. It provided that blind and handicapped workers in sheltered workshops could be paid less than the legal minimum. Under the system, a shop applied for a rate below the minimum wage for its workers, and the Department of Labor would establish a minimum wage for handicapped workers in that shop.

These minimums varied widely, and some of them were very low. For example, according to Labor Department statistics, on July 1, 1966, there were 905 workshops under the jurisdiction of the Department of Labor employing 48,553 workers. The minimum wage in effect throughout the country was $1.25 an hour. 229 of these workshops employing 7,106 handicapped workers had obtained certificates establishing minimum wages of less than 25 cents per hour. More than half of the handicapped workers were employed in shops with established minimum wages of less than 75 cents an hour. Interestingly enough, though only about one-sixth of the workshops were investigated by the Labor Department, these investigations showed that 1,222 employees were being paid even less than the relatively low wages permitted by the Labor Department under the certificates.

After a decade of effort, the Federation was able to obtain passage in the early fall of 1966 of the Morse-Dent bill. It did not raise the minimums as much as we would have liked, for many compromises had to be made. It was the best bill that could be passed at that time, however. It provides that handicapped workers in sheltered shops cannot be paid less than 50% of the minimum wage. There are exceptions even to this, however, in the case of workers in training or evaluation programs and work activities centers, or in the case of individuals whose earning capacity is so severely impaired that they are unable to engage in competitive employment. The text of the Fair Labor Standards Act relating to handicapped workers is printed following this article.

Almost as soon as the law had been signed by the President, the Wages and Hours Division of the Labor Department began drafting regulations to spell out the provisions of the law in detail. The National Federation of the Blind was one of the organizations that consulted with the Labor Department on its regulations and submitted its recommendations. (See the Braille Monitor, December 1966.) On January 21st the regulations were published in a tentative form to provide an opportunity for comment by those interested. (See the Braille Monitor, February 1967.) The analysis that follows will form the basis of the Federation's comments. Although a number of the Federation's recommendations were incorporated in the regulations, we believe that they require a substantial further strengthening if they are to be effective in protecting the rights of handicapped workers.

Under the new law and regulations, there are a number of different groups into which a handicapped worker in a sheltered shop may fall as to his minimum wage. Let us assume a hypothetical sheltered shop for which the Department of Labor has issued a wage certificate establishing a minimum wage of $1.05 per hour, 75% of the statutory minimum wage of $1.40 per hour. Let us assume also that it includes a work activities center and has approved training and evaluation programs as well as individuals certified for wages below the minimum. We then have the following picture: Workers in the activities center are not protected by any minimum wage. The average wage in such a center, however, will be from 25 cents to 37-1/2 cents an hour or less. A worker certified by his state rehabilitation agency as being unable to engage in competitive employment will ordinarily have a minimum wage from 35 cents to 70 cents an hour. A worker who cannot earn the certified minimum wage established for the shop may have his minimum wage established between 70 cents and $1.05 an hour. Workers who are in an approved training or evaluation program may receive anything from a few cents an hour up to $1.05 an hour, since they have no minimum wage. However, they must be paid for what they produce at least as much as a non-handicapped worker in industry would receive. A "learner," who is not in an approved training or evaluation program governed by a minimum wage, will receive a wage varying between 70 cents and $1.05 an hour. The rest of the workers in the shop, if any, must be paid at least $1.05 an hour. Whether there is any substantial number of workers required to be paid at the wages established by the Department of Labor depends on the strengthening of the regulations and their enlightened and vigorous enforcement by the Department.

The new regulations issued by the Department of Labor in January constitute Part 525 of Title 29 of the Code of Federal Regulations. They amend the previous regulations to establish the minimum wage at fifty percent of that for non-handicapped workers and to spell out in detail the exceptions to the fifty percent minimum. One of the groups accepted is those working in a work activities center. Work activities center is defined as "a workshop or a physically separated department of a workshop having an identifiable program, separate supervision and records, planned and designed exclusively to provide therapeutic activities for handicapped workers whose physical or mental impairment is so severe as to make their productive capacity inconsequential." This definition follows several of the recommendations made by the Federation, including the requirement that the WAG be either physically separate from a workshop or be a physically separate part of it; that it have an identifiable program and separate supervision. It also should be noted that it is required that a WAC be planned exclusively for therapy for the handicapped and, therefore, the production can only be incidental.

In determining whether the production of the workers in a work activities center is inconsequential, the regulations establish that the average annual production for such a center should not exceed $750 for workers paid on an hourly basis, and $500 for those paid on a piecework basis. This is equivalent to an average productivity of hourly workers at $15 per week and piece-rate workers at $10 per week. The principle of establishing an objective economic measure to determine whether production is inconsequential is good, but it is not apparent why a different standard should be used for workers paid on an hourly basis from those paid on a piece-work basis. We will strongly recommend that average yearly productivity of $500 or less be a requirement for a work activities center. It is important to limit work activities centers to bonafide therapeutic institutions, since workers in them are not protected by the requirement of being paid 50% of the national minimum wage. We want to prevent workshops from pretending to be activities centers in order to avoid the minimum when their real objective is production.

Another exception to the minimum wage which the regulations spell out are workers engaged in a training program. Such a program is limited to a year in duration, a desirable feature. Its objectives, however, are too loosely spelled out. They are set forth in Section 525.2(f) of the regulations as follows: (1) develop the patterns of behavior which will help a client adjust to a work environment, or (2) teach the skills and knowledge related to a specific occupational objective of a job family, and which meet state agency or equivalent standards. Since workers in a training program have no protection at all from the minimum wage law, except the requirement that they be paid at a rate commensurate with that prevailing in private industry, the regulations should be carefully drawn to avoid abuses. It is clear that the Congress intended to qualify for the training exception that training should be for the purpose of imparting skills or occupations which will equip a worker for competitive industry. The regulations would allow training merely for terminal employment in the sheltered shops and would also permit the use of the much-abused work adjustment objective. Further, the regulations should spell out the standards to be utilized by the state agency certifying a training program. This is necessary because in many cases the state agency will have placed the worker in a sheltered workshop for the supposed training. Although the law provides for certification of training programs by the state rehabilitation agency, it is clear that in many cases such an agency may not be fully objective and that the secretary should, therefore, establish the standards which should be used by the state agency in making its certification.

The recommendations that the Department of Labor fix the standards for state agency certification is equally applicable to evaluation programs. These are limited to six months' duration, but otherwise are left largely to the discretion of the state agency.

Another exception to the law, which the regulations spell out, is for multiple -handicapped or other workers who are unable to engage in competitive employment. The regulations require that, at least by 1969, such workers may only be classified in this way, after they have gone through an evaluation program. It appears, however, that the regulations should also limit workers to be certified for payment of less than 50% of the minimum wage to those who have multiple handicaps or who have some other aggravation of their physical handicap that diminishes their productive capacity.

The only notice to workers of their minimum wage classification, provided by the regulations, is the requirement of the placing of a poster in a conspicuous place in the workshop where it may be readily observed by the workers. Even though we have been informed by the Labor Department that such a poster must be in braille in the case of blind workers, we believe that a poster is no longer an adequate notice to workers of their status. With the numerous and complex categories into which a worker may fall, it will not be easy to determine his status except by an individual notice. It is recommended that upon the issuance or modification of a certificate, the worker's next pay check should be accompanied by a notice of the minimum wage applicable to him under the certificate, and the classification under the law in which his position falls. Also as it is now drawn, the regulation applies only to workshops; it should also specify that it applies to work activities centers.

Section 525.15 of the regulations provides for an appeal by "any person aggrieved" to the administrator of the Wage and Hour and Public Contracts Division of the Department of Labor. However, since a worker will ordinarily need assistance in preparing such an appeal, 30 days should be allowed from the time he receives notice of his minimum wage classification.

No provision is made in the regulations for an appeal from the certification of a state agency. In the criteria established by the Department of Labor for such certifications, it should be provided that a worker may appeal the state agency's certification to the administrator within 30 days of his notice of certification.

The regulations continue the Advisory Committee on Sheltered Workshops. Such a committee has a useful function, but we believe that in the past, handicapped workers in sheltered shops have not been represented on this committee. The regulations ought to provide that the committee include representatives of the handicapped workers.

I believe that the regulations represent an honest effort to interpret the law and to compromise among the various views expressed to the Labor Department by those interested in it. In a few respects, the compromises have gone too far and endangered the rights and income of sheltered shopworkers. The recommendations discussed above would strengthen the regulations and carry out the intention of the Congress to raise the wage standards for handicapped workers.

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PROVISIONS OF SECTION 14 OF THE FAIR LABOR STANDARDS ACT RELATING TO HANDICAPPED WORKERS

September 23, 1966, Pub. Law 89-601

...(d)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, the Secretary of Labor, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulation or order provide for the employment under special certificates of individuals (including individuals employed in agriculture) whose earning or productive capacity is impaired by age or physical or mental deficiency or injury, at wages which are lower than the minimum wage applicable under Section 6 of this Act but not less that 50 per centum of such wage and which are commensurate with those paid non-handicapped workers in industry in the vicinity for essentially the same type, quality, and quantity of work.

(2) The Secretary, pursuant to such regulations as he shall prescribe and upon certification of the state agency administering or supervising the administration of vocational rehabilitation services, may issue special certificates for the employment of:

(A) handicapped workers engaged in work which is incidental to training or evaluation programs, and

(B) multi-handicapped individuals and other individuals whose earning capacity is so severely impaired that they are unable to engage in competitive employment, at wages which are less than those required by this subsection and which are related to the worker's productivity.

(3)(A) The Secretary may by regulation or order provide for the employment of handicapped clients in work activities centers under special certificates at wages which are less than the minimums applicable under Section 6 of this Act or prescribed by paragraph (1) of this subsection and which constitute equitable compensation for such clients in work activities centers.

(B) For purposes of this section, the term 'work activities centers' shall mean centers planned and designed exclusively to provide therapeutic activities for handicapped clients whose physical or mental impairment is so severe as to make their productive capacity inconsequential.

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COOKING BY SNIFF, SIZZLE AND SOUND

By Marta Robinet

(From The Sunday Bulletin Magazine, January 1967)

"Whenever a new cookbook in braille comes out, I have to have it."

Helen Wimley smiled and picked up one of her favorites. "Most braille editions have been expensive," she said, "and the cook has to treat them tenderly. But who wants a cookbook thumb-printed in butter anyway?"

Helen, who lost her sight when she was 12 as the result of a brain tumor, is, like most women, a recipe collector, eager to experiment and try new foods on her husband, William, and her 87-year-old father.

Many of her pet dishes reflect her Polish background or come from a new braille cookbook especially welcomed by the blind because it's free. Campbell Soup Company is distributing without charge a collection of short-cut recipes in braille called Easy Ways to Delicious Meals.

Managing her home in Haddon Heights, New Jersey, caring for her family, and presiding over her neat red and white kitchen (with its electric stove that has controls notched by her husband so her fingertips can tell the temperature) are just part of Helen's busy life. Another important part is her job as senior vocational counselor for the New Jersey State Commission for the Blind.

Her husband, a retired Air Force sergeant, often drives her on her rounds. "He's my tactual sight," she said.

She also knits, making sequined shells, angora hats, two- and three-piece costumes for herself and sweaters for her husband and father.

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EDITORIAL: HONOR SYSTEM FOR PUBLIC WELFARE

By Carter Davidson

(From a broadcast on WBBM-TV, Chicago, Illinois, January 30, 1967)

Cook County has a new welfare director, and a good one.

Mr. William H. Robinson, a social worker, churchman and former Republican state legislator, is the first Negro ever to hold the public aid post, and he was an excellent choice to succeed the late Raymond Hilliard.

He took the job just one day before the big blizzard hit us, and he probably hasn't had time to think about anything but emergencies among the poor whose needs his office cares for.

But when the emergency is over, we hope Mr. Robinson will give high priority to reducing the mountainous paper work that plagues public aid workers.

As of now, a small army of such workers have to spend their time checking out every welfare claim, and reporting even the slightest change in a recipient's status. So much time, in fact, is spent on making out reports and unsnarling red tape, that caseworkers have little time for such more productive chores as teaching illiterate relief clients how to read and write so they can get jobs and support themselves off the relief rolls.

New York City is trying out a plan we would like to see tested here.

It is an honor system, by which relief claimants are paid the money they say they need, without each claim being laboriously checked out to see that it is valid.

A series of spot checks are made to try to prevent cheating, much in the manner the Internal Revenue Service spot checks for cheating on income taxes.

A New York congressman is trying to legislate the honor system out of existence in New York and prevent it from being tested elsewhere. We hope he loses.

There undoubtedly would be some cheating that would slip by the spot checks. But there already is cheating by some unprincipled welfare clients, trying to get money to which they are not entitled.

But we suggest the money saved in paper work and investigations would more than offset any cheating.

In any case, it would give welfare workers a chance to try to get people off the relief rolls, rather than spend their time just keeping records of them.

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THE PARRISH SIT-IN CASE

In Parrish v. Municipal Court, decided January 31, 1967, the Superior Court of Stanislaus County, California issued a writ of prohibition permanently staying trial proceedings in the Municipal Court of Modesto against Benny Max Parrish for violating Section 602(o) of the California Penal Code. A writ of prohibition is issued by one court to prevent another court from undertaking an act in excess of its jurisdiction, including the enforcement of an unconstitutional statute. In Parrish's case, the effect of the writ is to prevent permanently his prosecution by law enforcement officials in the Modesto Municipal Court for allegedly violating Section 602(o) August 25, 1966.

The prosecution grew out of a protest against the denial by the Stanislaus County Welfare Department of assistance to a family alleged to be entitled by law to immediate aid. Parrish was a field supervisor of the California Center for Community Development, an organization concerned with the provision of assistance to the poor. In the late afternoon of August 25, he went to the Stanislaus County Welfare Building to join others who were negotiating with a Welfare Department official to obtain immediate aid as provided by law for a family found to be presumptively eligible. Parrish and others were permitted to stay in the building and continue negotiating beyond 5:00 p.m., the time when the doors of the building were locked. At 8:30 p.m., however, Parrish and the others were asked to leave the building by city and county officials. Parrish refused to leave without either an immediate determination of eligibility or a promise that aid would be granted the following day. He was then arrested and charged with violating Section 602(o) of the Penal Code, a criminal trespass statute which makes it a misdemeanor for a person to refuse or fail to leave a public building when the building is regularly closed to the public upon being requested to do so by an employee of the agency in charge of the building, "if the surrounding circumstances are such as to indicate to a reasonable man that such person has no apparent lawful business to pursue. . . ."

After criminal proceedings were begun in the Municipal Court, Parrish applied for the writ of prohibition on the grounds that the court was exceeding its judicial authority in trying him under the facts of the case and that he had no other effective means of protecting his rights. The Superior Court handed down a 33-page opinion granting the writ. The court first disposed of several arguments by Parrish including one that Section 602(o) is itself in violation of the First Amendment to the Constitution and is therefore invalid. The decision rests rather on the narrow ground that circumstances peculiar to Parrish's case make his prosecution "constitutionally improper and a clear unlawful entrenchment upon the activity protected by the First Amendment to the Constitution."

The court relied on the fact that on June 30, 1966, Parrish and others were permitted to remain past 5:00 p.m. in the Welfare Building and negotiate a denial of aid until the Welfare Department officials agreed to grant the requested aid the following day. The court concluded that the actions of the Welfare Department under the "identical circumstances" of June 30 "would have no other effect than to convince Parrish, or any other reasonable man, that his business of protest and continued negotiations was lawful business on August 25, 1966." In the occurrence on June 30, the Welfare Department had not only permitted Parrish to remain in the building beyond closing time without asking him to leave or threatening arrest, but had also agreed to the substance of Parrish's demands regarding the administrative policy at issue.

The court stated:

Having previously succeeded in securing an administrative promise of aid to a family presumptively eligible by identical means on a prior occasion without arrest unquestionably served to fortify Parrish's belief that his cause was so just and the purpose of his business so lawful as to undergo arrest.

Under all these circumstances, the fact that Parrish was lawfully requested to leave forces this court to conclude that such request to leave could not affect the belief of a reasonable man that he had no lawful business to pursue; but instead, would merely cause a reasonable man to believe he was about to be arrested.

Thus, because Parrish's employment necessitated a concern on his part for aid to the poor and because he had previously been permitted to engage in a protest to aid them beyond the time the Welfare Building was closed to the public, the Superior Court concluded that he was without notice that his conduct was unlawful and that he therefore could not constitutionally be prosecuted for that conduct.

Under this decision, the validity of Section 602(o) of the Penal Code is unimpaired, but its permissible scope is narrowed. The limiting construction given the statute rests on the nature of the conduct it would make criminal in a case like Parrish's. The court stressed that such conduct is a peaceful attempt to "utilize the freedoms guaranteed by the First Amendment." This has two consequences. First, the court in applying the statute gave greater weight to the interest of those seeking to protest government acts than to the "administrative frustrations and inconvenience" caused by the protests; and second, the court required unmistakably clear notice to one engaged in such protests that his peaceful and otherwise protected conduct is unlawful.

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VILLAGE FOR THE HANDICAPPED

By Howard A. Rusk, M.D.

(From the New York Times, January 1967)

In dealing with the problems of the severely handicapped one sees many sad and tragic cases. The saddest and most difficult problems that this writer sees in the field of rehabilitation are those of the elderly parents of the severely handicapped children.

Their problems can be diagnosed when they walk into the office. They have tears in their eyes before they are seated. The story usually goes as follows:

"We have a wonderful child with a severe handicap. He can walk around the apartment holding on to the furniture. We can understand his speech but no one else can. He listens to good music and reads good books. We have devoted our lives to him. Now, we suddenly realize that our child is 50 and we are 75. What will happen when we are gone?"

This writer never attempts to answer for the answer is too sad and tragic.

The "child" will go to an institution of some type where he will be mixed with primarily older patients with all sorts of severe physical disabilities and mental deterioration. This will be the unhappiest situation one can imagine. It will be a life of complete boredom, frustration, loneliness and desolation.

How much better it would have been for the child to have gone to a special institution at an early age where he could have lived and competed with other disabled and made his own contribution in a special way of life.

He could have spent his vacations with his family, but his real life would have been in a sheltered environment designed to meet his special needs.

Unfortunately, such programs or institutions just do not exist in the United States.

A heartening report from The Netherlands, however, has just been received announcing the establishment of such a community as a true and realistic solution to this sad and tragic problem. In a beautiful wooded area in the outskirts of Arnhem, The Netherlands, there is a new village, the first unit of which was completed last November. This village, Het Dorp, is unusual in that it is intended for physically disabled persons over the age of 18 whose handicaps are so serious as to make it impossible for them to maintain themselves in the open society. When the last unit is completed in 1969, Het Dorp will be a community of 450 handicapped residents. Over 700 persons have already applied for admission.

The total village will consist of eight housing units. Each resident has his own living quarters [with] bathroom, central heating, fixtures for radio, television and telephone. Ten such rooms, housing nine handicapped residents and a trained attendant, form a group. Each group has a living-dining room and a kitchenette.

All meals, however, are prepared in a central kitchen and it is planned that the distribution of hot meals to the eventual 45 dining rooms can be completed within 30 minutes. There is also a terraced restaurant for residents and non-residents.

For every three groups there will be a set of utility rooms, two guest rooms, and a room for a night nurse when the resident attendants are off duty.

The layout of Het Dorp allows for easy access by car, bicycle or pedestrian. As most of the residents will be in wheel chairs, cars are not allowed in Het Dorp proper but parking areas are planned along its edges.

The new village will eventually have a sheltered workshop for 200 residents, indoor sports hall, and a library operated as a part of the public library system of Arnhem. There will also be a supermarket, barber shop, post office, and gasoline filling station for use by both residents and non-residents. Het Dorp will have a heated covered street with brick walls and large glass panels so that residents can easily move from one part of the village to another.

All residents are expected to work either in or outside of Het Dorp. It is estimated that about half will work in nearby Arnhem and the other half in the village itself.

Het Dorp will be an open community without a fence and the residents are free to come and go as they wish.

Residents when able are expected to pay their share of operating the new facility either from private means or their earnings. It is recognized, however, that many of the severely disabled persons will not earn enough to pay their own share. In such cases, the national government and municipalities from which the residents come will supply the difference.

The total cost of the entire village will be around $11 million. Of this amount, $6 million was raised in 1962 through a 24-hour telephone effort. Additional contributions have been received since but the project still needs about $3 million.

Het Dorp is the first of three planned communities in The Netherlands that will meet a pressing need.

To this writer's knowledge there are only two similar such facilities in the world. One is a village for brain-injured veterans in Finland and the other a village for paraplegics in Korea.

In both Oslo and Copenhagen there are special apartment houses for the severely handicapped. The center in Copenhagen is a six-story building with a sheltered workshop on the ground floor and a special unit for patients who must use respirators at night.

Such a center is now being planned in Toronto under the auspices of voluntary agencies, the city of Toronto, the province of Ontario and the Canadian government.

There is a great need throughout all of the United States for similar living accommodations. Our nursing homes and hospitals are filled with persons with physical disabilities who remain hospitalized simply because they have no place to go.

The Governor's Council on Rehabilitation of New York state is now completing a study that will show the lack of such facilities as being one of the major problems in rehabilitation in New York state.

A number of communities, however, have recognized this problem and are seeking methods for its solution. The Educational Guidance Center for the Mentally Retarded in New York City announced that it would build a 200-apartment residence in mid-Manhattan for the mentally retarded at a cost of $3.5 million. In New Britain, Connecticut, a group of severely handicapped young people have originated New Horizons, Inc., and are struggling to raise funds for such a project.

As in many areas of medical and social welfare. The Netherlands has once again been in the forefront in social planning through its new Het Dorp.

In the United States, where we have by far the most comprehensive rehabilitation services of any country in the world, the greatest unmet need is the lack of sheltered facilities where the severely handicapped can live and work in dignity.

We would do well to follow the lead of The Netherlands in establishing such a program.

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SPECIAL NOTICE: LARGE-PRINT MONITOR LARGE-PRINT READERS, ATTENTION!

We have been giving serious consideration to another edition of the Braille Monitor--this one to be in large print and to be added to the editions in braille, tape, and regular print. We believe that many people with impaired vision either prefer to read large print or must read large print. However, the cost of preparation of a large-print edition would be much less for a substantial number of readers. For this reason, we are asking that those of our readers who would like to receive the Monitor in large print send us a post card indicating that fact. Also indicate the edition you are now receiving.

Please note that we have not yet made arrangements for large-print editions and it may not be possible to do so for some time. The interest of our readers will be a very important factor. For the present, however, you will continue to receive the same edition that you are now receiving, but please send your post card indicating your interest in a large-print edition, if it should become available.

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BLIND PICKETS JOIN STRIKING SOCIAL WORKERS

By Russell Kletzing

On February 10, blind pickets joined those supporting the strike of social workers of Sacramento for higher pay and the right to bargain collectively with Sacramento County. Although covered by radio news, no notice of this appeared in the principal newspaper, the Sacramento Bee. The blind pickets included recipients and the vending stand operator in one of the Welfare Department buildings. They voluntarily dispersed when threatened with arrest by the policy under an injunction which had been the basis for arrest for more than 50 social workers. It seems to us that blind aid recipients and other recipients have one of the greatest interests in qualified, well-paid social workers. Support for them is eminently worthwhile. Though fear of arrest is understandable, as applying to aid recipients, the Sacramento County injunction was plainly unconstitutional and an effort to try such recipients would have brought publicity that would have greatly assisted the cause of the social workers.

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THE BLIND IN BULGARIA

By Ivan Minchev

(From The New Beacon, December 1966)

Bulgaria, a country with a population of about eight and a half million people, has 3,700 blind men and women. About 10 per cent of them have been born blind, and something under 15 per cent have become blind as a result of glaucoma and trachoma. In recent years there has been a relative reduction in the blind population--a reflection perhaps of the extensive medical care expended on children.

The care of the blind is not merely a matter for their families, but also a problem tackled by the state, both educationally and medically. Educational provision takes two forms:

1. The creation of favourable conditions not only for the primary education of blind children, but also for all stages of education available to sighted citizens. These stages--primary, secondary and university--are all free.

2. The training of young blind people to acquire certain suitable professions and skills which will help them earn their living.

Although no distinction is made between blindness from birth and blindness acquired as a result of accident or disease, yet there is a certain gap in current social legislation, insofar as it is only those blinded by accident who are entitled to a state pension, supplemented by grants for guides.

What are the provisions made for the education of the blind?

The first Bulgarian school for blind children was opened in Sofia in 1905. The second started in the town of Varna in 1948. These two schools have proved sufficient for the education of all blind children in the country. Children join these schools after the age of seven. The law providing for compulsory eight-year education for all is strictly applied to blind children as well. The first year in school is a preparatory one for blind children, since the assumption is that they are not as far advanced as sighted children, who have, as a rule, been to kindergarten before starting primary school. Further, the training of blind children in the elementary course of the Bulgarian educational system lasts ten years instead of the usual eight.

The schools for the blind provide exactly the same curricula as the ordinary schools, except that a certain emphasis is placed on music (since musical capacities and propensities are apt to be more clearly expressed in blind children). Blind children are given the opportunity of studying piano, violin, and various wind instruments as part of their curriculum in the elementary school. They are modern educational establishments equipped with the usual classrooms, workshops, gyms, etc. The pupils are entitled to free board if they have not been granted state scholarships. They are subsequently trained for a variety of trades and professions, according to their capacity and inclination.

Teachers in the schools for the blind receive their training in institutes of higher education appropriate to the subject in which they specialise. In addition, they are given a period of special training in the schools for the blind before they take their final examinations, which include the subject of teaching the blind.

The doors of all institutions of secondary and higher education are open to the blind boys and girls of the country. The state grants them scholarships, and special scholarships are awarded to gifted students by the Union of the Blind. This Union also pays the salaries of the special tutors who are employed to help slowly-developing blind students.

The state-run publishing houses frequently produce textbooks and manuals in braille. These are supplemented by tape-recordings of lectures. The Union of the Blind has a special library of over 8,000 volumes in braille, in addition to a large stock of titles, specialised literature included, recorded on tape and available free of charge.

Within this educational system, most young blind people graduate from the secondary schools and many of them also from universities. There are more than eighty blind people with university education in Bulgaria today, in such fields as music, philosophy, literature, law, mathematics, history, and teaching. Six blind boys and girls have joined the arts faculties of Sofia University alone during the current academic year.

The blind composer Petko Stainov, one of the most eminent composers of Bulgaria, enjoys great popularity. He was the Director of the National Opera in Sofia, and is now Director of the Institute of Music at the Bulgarian Academy of Sciences. Professor Stainov, member of the Bulgarian Academy of Sciences, obtained his initial training in the school for the blind in Sofia, graduated from a secondary school and went on to study music at the Conservatoire in Dresden. Another musician, Stoyan Babekcv, is also a talented composer and graduate of the Conservatoire in Sofia. The list of blind musicians is a long one. It includes the names of a number of conductors and of the talented flute-player Kiril Kostor, soloist at Radio Sofia. Konstantin Gaidarov, a blind lawyer, is one of the research associates at the Institute of Law of the Bulgarian Academy of Sciences. His colleague Spas Karafezov is the legal advisor of an industrial establishment. Dr. Hristo Dimitrov, a blind doctor, is working in one of the clinics of the Higher Institute of Medicine in Sofia.

On coming of age, blind people in Bulgaria usually join their Union, membership of which is open also to sighted people who wish to help the blind in one way or another, usually men and women in public life, doctors and teachers, as well as friends and relatives of blind people. The members of the Union are organised in local societies. Its objectives, as a public organisation, are to render all-round aid to all blind people--during their studies, in enabling them to acquire professional skills, and in providing for their recreation.

The activities of the Union of the Blind are supplementary to those of the state organisations which care for the blind. The Union is an economic organisation too, insofar as it controls the operation of four large industrial establishments employing a large number of blind people. These industrial enterprises are profitable establishments enjoying a number of special privileges: they pay no taxes, but give no part of their profits to the state. The Union, accordingly, has available substantial funds for its cultural, educational and sports activities among the blind. Within the framework of a five-year plan, it is to invest thirteen million leva in the construction of a new school building and a holiday centre on the coast of the Black Sea.

What are the industrial activities of these enterprises staffed mainly by blind people? They include the manufacture of a variety of small articles made of plastics, wood and metals: suitcases and bags, electrical materials, knitwear, etc. In these relatively large establishments (the directors are blind), manual labour has been replaced by machinery and the productivity of the blind workers is close to that of the sighted. When it is lower, however, this does not prejudice the rates of the blind workers, for the Union of the Blind has the right to determine labour norms that are up to 50 per cent lower than those for sighted workers, without any effect on the wage paid. Blind people have a working day of six hours.

Blind people who have no house of their own are given one built by the Union with subsidies from the state. The monthly rent per room of these houses or flats is less than a day's pay. In the holiday homes provided by the Union, blind people can spend their 20-day paid leave for a minimum fee of 12 leva (3 or 4 days' pay and less than the cost of board). Children under fourteen pay half. The Union has three holiday centres--two along the Black Sea coast and one in the Balkan Range. In their capacity as members of the country's trade unions, blind workers enjoy the right to use the rest homes of the trade unions as well.

The existing social legislation in Bulgaria makes it possible for blind workers to receive old-age pensions after five years of work only. They may continue working after they are entitled to pensions, in which case they receive half of their pensions. Blind people do not pay for using the network of transport facilities within the towns.

Many blind people used to be pedlars. Today they have a cooperative trading establishment of their own with stores in all of the biggest towns in the country. The salesmen and women in these stores are not blind people, though many of the managers are blind. Because of the privileges enjoyed by this cooperative establishment, which pays no taxes to the state, it is a very profitable undertaking and ensures good monthly remuneration to its members.

Sports are very popular among the blind, particularly hiking, track and field athletics, swimming and chess. There have been interesting performances by choruses and orchestras of the blind and by a number of their dramatic associations.

The Union of the Blind and its local organisations run various courses, including those for the study of foreign languages. It publishes a monthly magazine called The Life of the Blind, seventy-two pages per issue, printed in ordinary Cyrillic characters. The regional councils of the Union set up in towns in which there are industrial enterprises for the blind also have their periodical publications.

The activities of the Union of the Blind in Bulgaria are supplemented by those of the special departments of the Ministry of Public Education and of the Ministry of Health and Social Welfare. (The social policies of the People's Republic, of course, affect all blind people, regardless of whether they are members of the Union or not.) The Union's responsibilities, in fact, extend to all except children and certain old people who are not in a position to use the many-sided services promoted in various fields of the country's economic and cultural life.

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FEDERAL LEGISLATIVE OBJECTIVES 1967

AMERICAN PUBLIC WELFARE ASSOCIATION
Prepared by a special Ad Hoc Committee
APPROVED BY THE BOARD OF DIRECTORS, DECEMBER 8, 1966

PREAMBLE

The highest purpose of a democracy is to promote and safeguard the well-being of its people. This is best realized by assuring for each individual a fair opportunity to fulfill his potentialities and aspirations and the means for living in decency and dignity.

This freedom of opportunity has been maintained for the great majority of Americans while at the same time, this has become the first nation with the resources required to protect all of its people from the scourge of poverty. By firm resolve and intelligent utilization of all resources, the opportunity can also become a reality for all to achieve their fullest potential and to contribute as they are able to the general welfare. And for those who are less able there can be the assurance of an adequate share of the fruits of the nation's abundance.

Public welfare is a principal instrument of the people, through their government, for facilitating more equitable opportunity for participation by all in the social and economic benefits now enjoyed by the majority. The present scope of public welfare programs is a reflection of the gaps in the social and economic fabric of the nation. It is essential to the well-being and security of the nation that increased emphasis be placed upon all measures to prevent social problems, especially in families whose income is inadequate for the needs of their children. Such measures must include the elimination of racial and religious discrimination and the development of full and unrestricted opportunity for employment at a suitable wage. It must also include full and unrestricted opportunity for adequate housing, education, social insurance, and medical care.

The American Public Welfare Association, while focusing in this document on federal legislative action needed for the fulfillment of the commitments of public welfare, holds the following positions which are basic to the continued development of an effective system for securing and protecting the basic rights of people.

A. Effective measures should be maintained to promote and protect the economic security of individuals and families.

1. Full employment at adequate wages should be the goal for all persons who are employable and whose services are not required in the home.

2. Social insurance programs should be improved and expanded to afford adequate protection against all insurable risks to family and individual economic security.

3. There should be study and action to develop a national plan for adequate income maintenance for individuals and families whose economic .security cannot be protected through full employment or social insurance.

B. Solving human problems, promoting social competence and shaping the community in ways that produce satisfying and happy family life are complex undertakings. These efforts require the expertise of many disciplines and the deep involvement of a wide variety of governmental and voluntary agencies and of individual citizens. Public welfare, charged with heavy responsibilities for helping people and communities solve and prevent problems, has a continuing close contact with people in trouble. Public welfare has developed specialized knowledge and skills in its relation to these people. But public welfare does not represent the only resource for solving complex family and social problems. Therefore, public welfare must join with other governmental and private agencies in providing appropriate leadership to marshall the resources for developing the social and economic, environmental and community resources essential to the full and satisfying participation of all people in society.

C. Discrimination in housing, education, and employment on account of race, creed, color or national origin violates the principles of a democracy. Discrimination creates ugly slums and ghettos, substandard schools, depressed income, and all of their consequent results which contribute to family and individual breakdown. Discrimination must be attacked through legislative, administrative, and educational efforts. In addition, continued study of methods for better community planning must be pursued.

D. Citizen understanding, interest, support and participation are vital for the fullest development of public welfare programs. Special emphasis should be given to the involvement of those people who are the consumers of public welfare services.

E. Federal, state, and local units of government all have important roles as partners in achieving basic social benefits for all people through public welfare programs.

1. All governmental jurisdictions must cooperate in providing the leadership and the professional, technical, and auxiliary personnel so essential in carrying out their respective responsibilities.

2. The states and their subdivisions have the primary responsibility for developing and administering effective public welfare programs, including a broad spectrum of services.

3. The federal government has the obligation to develop nationwide goals, guides and standards for program content, to use its constitutional taxing power to equalize the financing of public welfare, and to assure an adequate minimum standard of income maintenance and services throughout the nation.

4. All units of government have the obligation to plan, develop, and administer their programs consistent with the principle of public welfare as a right.

F. Public welfare programs must be made more comprehensive and flexible than is possible through a rigid categorization of people and programs in order to meet the needs of individuals, families, and communities for:

1. Comprehensive community-wide social services for all individuals, families, children and youth, irrespective of their need for financial aid.

2. Financial assistance for all who need it, irrespective of whether available social services are requested or provided.

3. Comprehensive medical assistance for all families and individuals who are without means to provide adequately for their own medical care.

G. Public welfare programs must be based on humanitarian concern for all individuals and families. Therefore, these programs should be administered in such a way as to insure in practice that the rights, dignity, responsibility, and independence of people are respected, and that social services and financial and medical assistance are universally available and readily accessible, without regard to race, color, creed, national origin, residence, settlement, citizenship, or circumstances of birth.

The specific objectives which follow represent long-range and interim goals based on these basic positions and the recognition of public welfare's responsibilities in relation to the families and individuals who seek its help in preserving family life; arranging for needed substitute care and protection, especially for children and the aged; providing health services and the other specialized services required in addition to, or in lieu of, financial assistance.

PUBLIC WELFARE PROGRAMS

Scope of Program

A comprehensive nationwide program of social guarantees, with nationwide standards set by the federal government, should be established. This program should require that adequate financial aid and social services be available to all who need and desire them as a matter of right.

In the interim -

1. The consequences of economic dependency and social disaster are nut restricted to persons in arbitrarily established categories. The comprehensive nature of public welfare responsibility should therefore be recognized through federal grants-in-aid for assistance for all needy persons.

2. Federal financial aid should be available to assist states in carrying out public welfare responsibility for preventive, protective, and rehabilitative services to all who require them, irrespective of financial need, including grants for comprehensive stale-wide planning.

3. States should have the option to administer federal funds for assistance and services by categories, by a combination of two or more of the present categories, or by a single comprehensive program covering all needy persons.

4. One of the serious obstacles to the attainment of the objectives of public welfare programs for prevention of dependency and the restoration of the dependent to self-sufficiency is the lack of qualified personnel. In Order to reduce this deficiency the existing educational resources must be expanded and new ones established. It is clear that this can be attained only through substantial federal support.

5. The money-payment principle has proved an efficient and constructive method of providing assistance to needy people and should be preserved.

6. All public welfare programs in which the federal government participates financially should be administered by a single agency at the local, state, and federal level.

7. Legal services are essential in assuring the fundamental rights inherent in public welfare. Federal financial aid should be available in order to provide comprehensive legal services for people with limited income.

8. Provision should be made for federal financial participation in costs of short-term or emergency assistance extended on the presumptive determination of eligibility pending full verification.

9. Reasonable exemptions of earned income as an incentive to employment should be established on a uniform basis for all persons in need of assistance without regard to categories.

10. In all welfare programs in which the federal government participates financially the imposition of the following should be prohibited: (a) any citizenship requirement: (b) any "legal settlement" or duration of residence requirement; (c) any lien provision or other requirement which exacts from any person, during his lifetime or the lifetime of his surviving spouse and minor or otherwise handicapped children, involuntary repayment for any assistance legally paid to him: and (d) any requirements for relatives' financial responsibility, except that of parents for a minor child and spouse for spouse.

11. The legal status of a child's birth or the suitability of the home environment should not be a factor in determining eligibility for AFDC If such circumstances are detrimental to the well-being of any child, they should be dealt with through appropriate social services and judicial processes on the same basis for all persons regardless of the need for financial assistance.

12. Federal financial participation for comprehensive medical assistance should be available for all medically needy individuals.

13. Federal financial participation in AFDC should be increased to a level that will enable all states to provide an adequate .standard of assistance. Extension of this program to include needy families with an unemployed parent should be mandatory in all states.

14. The interstate placement of children in family homes for permanent care or adoption should be regulated by federal statute.

15. There should be established within the welfare Administration one consolidated program for the prevention, treatment, and control of juvenile delinquency.

16. Federal financial participation should be available to the states for assistance to needy disabled persons without regard to any age requirement or any requirement that a disability be permanent and total.

17. Services for the aged should be financed through a grant-in-aid system of subsidy to the states providing for mandated minimum social services for the elderly throughout each state, without reference to financial need.

18. The federal government should participate financially in the costs of state and local emergency welfare services in natural as well as man-made disasters.

19. Federal law should require the establishment and maintenance of state standards of health and safety for housing rented to assistance recipients.

20. Work opportunities at prevailing wages, not competitive with regular jobs in private or public employment, and with other appropriate safeguards to protect the health and dignity of the worker should be available to persons for whom jobs cannot be found and whose continued unemployment contributes directly to a need for public assistance. Such work should, where appropriate, provide training and be directed toward the preservation or development of work skills.

Financing Adequate Programs

Essential to the financing of adequate and comprehensive programs is a uniform and simple plan for Federal-state sharing in costs of all public welfare programs, including the programs in Puerto Rico, the Virgin Islands and Guam. The plan should provide for equitable and reasonable fiscal effort among states and should recognize the relative fiscal capacity of the federal and state governments.

In the interim -

21. The continuation of the federal open-end authorization is essential to a sound state-Federal fiscal partnership in all aspects of public assistance. Since it is not possible to predict accurately the incidence and areas of need, flexibility and comprehensiveness are necessary in financing public assistance programs.

22. Federal participation in public assistance should be authorized at a level sufficient to assure, for all needy individuals, adequate standards of maintenance and comprehensive medical care.

23. In order to achieve proper and efficient administration of public welfare programs, adequate and qualified personal is indispensable. Federal financial participation in administrative costs must be increased. In addition, separate formulas for reimbursement of services and administration should be eliminated.

21. Federal reimbursement of administrative costs should be extended to cover the purchase or construction of public welfare office buildings.

25. Federal aid for public welfare should be on (he same basis for Puerto Rico, the Virgin Islands, and Guam as for other jurisdictions. The annual dollar limitations on federal participation for these jurisdictions should be removed without further delay.

26. Provisions should be made for federal matching of costs of administration, services and foster care in state and local child welfare service programs, including services for the prevention, treatment, and control of juvenile delinquency, on a basis comparable to the matching now available in public assistance. In the meantime, the full amounts authorized for Child Welfare Services under Title V. pad 3, of the Social Security Act should be appropriated.

SOCIAL INSURANCE PROGRAMS

Broadening the scope of coverage, liberalizing the benefits, and extending coverage to additional insurable risks are essential if the social insurance programs are to fulfill adequately their primary function of underpinning income.

In the interim -

Social Security

27. The federal social insurance program should be strengthened. Among the needed improvements are: (a) making benefit payments more adequate, especially those based on low wage levels, which frequently result in need for supplementation through public assistance; (b) providing for automatic adjustment of the level of benefits in accordance with the cost of living; (c) keeping the amount of earnings creditable for contribution and benefit purposes in Hue with current earning levels; (d) broadening the scope of disability insurance protection to include the extension of coverage to survivors and disability beneficiaries under the health insurance programs; and (e) extending coverage to earners and their dependents still excluded. To the extent that changes to improve the OASDI program increase its costs, the income to the system should be increased to insure its continued financial integrity.

Unemployment Insurance

28. The Unemployment Insurance program, as a basic method of meeting the income-maintenance needs of unemployed people, should be strengthened. Among the needed improvements are: (a) establishing federal standards which would assure more adequate benefit payments, including benefits for dependents; (b) extension of coverage to earners still excluded; (c) provision for a minimum duration of benefits; (d) provision for more equitable eligibility conditions; (e) provisions for less restrictive disqualification requirements; and (f) an increase in the amount of earnings creditable for contribution and benefit purposes in line with current earning levels.

There should be federal provision on a permanent basis for extended benefits during any period of extended unemployment.

Other Social Insurance

29. The federal government should provide leadership, funds, and research in order to give more effective aid to the states in the improvement of state workmen's compensation programs. Study should be given to ways of improving and extending, on a sound social insurance basis, temporary disability insurance benefits and workmen's compensation programs, with emphasis on planning for effective medical care and vocational rehabilitation.

PLANNING, RESEARCH, AND DEMONSTRATION

30. The federal government should provide continuing leadership and adequate funds for research and demonstration, for special projects directed toward the reduction of dependency and the strengthening of family life, and for the development of social indicators and other methods of measurement of social progress.

31. The Welfare Administration should maintain a national social welfare research center for collecting data, conducting research, disseminating information and providing national stimulation and leadership in developing new know ledge of human needs and resources.

32. The federal government should provide leadership, funds, and research for the promotion of health and the prevention of sickness and disability contributing to dependency. Federal health programs should establish guides to encourage and enable state and local health departments to make a more effective contribution to broad programs of preventive health services and physical restoration.

33. The amounts authorized for maternal and child health and crippled children's services should be increased and provision should be made tor aid to other handicapped children.

34. Public welfare has a responsibility to assure that comprehensive rehabilitative services are made available to persons who require them. Adequate funds should be available to public welfare agencies to carry out their responsibility to restore individuals to self-care and to strengthen family life.

35. To prevent eligible individuals from being deprived of vocational rehabilitation services, such services should be strengthened so that all vocationally handicapped persons who present reasonable possibilities of attaining a vocational objective would be served. States should be permitted to designate the state agency which can most effectively administer the vocational rehabilitation program.

36. The substantial progress which has been made in federal legislation for the mentally ill and the mentally retarded should be projected further through sound and timely implementation, and with adequate financial support.

37. Federal programs should provide more effective aid to help meet the needs of migratory workers and their families.

38. There must be bold and innovative measures for improving the quality of life in the Nation's cities, including the expansion and strengthening of programs for the renewal and revitalization of blighted areas and for providing adequate housing for low-income families. Close coordination must be maintained, however, between the physical construction and restoration programs and the social services. Therefore, the public welfare programs should be enabled to deal more comprehensively and flexibly with urban social problems.

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A BUREAU OF EDUCATION FOR THE HANDICAPPED

(An HEW Release)

A Bureau of Education for the Handicapped has been established in the U.S. Office of Education to strengthen and coordinate activities in behalf of the handicapped, U.S. Commissioner of Education Harold Howe II announced today.

The new bureau's mission is to assist states, colleges and universities, and other institutions and agencies in meeting the educational needs of the nation's 5 million handicapped children who require special services. These children are mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or have other health problems or major learning difficulties that can be helped by special education and related services.

The new bureau encompasses the existing programs which the Office of Education conducts expressly for the handicapped, such as support of training for teachers and other professional personnel to participate in the education of the handicapped, grants for research in this field of education, and operation of the Captioned Films for the Deaf project.

In addition, the bureau will administer a new program of financial aid to help states initiate, expand, and improve their resources for the education of the handicapped.

The Elementary and Secondary Education Amendments of 1966 approved last November 3, authorized $50 million for grants in the 1967 fiscal year which ends next June 30 and an additional $150 for the following 12-month period. However, appropriations to fund them have not been made. The same legislation also provided for the establishment of the Bureau of Education for the Handicapped and of a National Advisory Committee on Handicapped Children.

The new bureau will be directed by an associate commissioner of Education who will also serve as principal advisor to the commissioner on matters relating to the education of handicapped children and youth. Within the bureau, separate divisions will be concerned with research, personnel training, and direct or indirect educational services to the handicapped.

Dr. J. William Rioux, recently named Acting Director of Planning and Evaluation for the Bureau of Elementary and Secondary Education, is temporarily in charge of the new bureau. Acting chiefs of the divisions are: Dr. John Gough, educational services; Dr. Richard Schofer, personnel training; and Dr. James W. Moss, research.

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KING--NFB CONTINUE COOPERATION TOWARD BLIND AID IMPROVEMENTS

The Federation's most successful team of Congressional spokesmen has been hard at work. California Congressman Cecil R. King introduced in the House on February 6th the latest in a long series of "King bills" titled H.R. 4879. An identical bill will soon be dropped in the Senate hopper by Indiana Senator Vance Hartke.

Congressman King, a legendary figure among Federationists for his past efforts for the blind, is continuing his cooperation with the NFB in the 90th Congress. He hopes to eliminate the retrogressive and un-rehabilitative features of state programs for aid to the blind.

H.R. 4879 would make substantial improvements in the Social Security-based federal-state program of assistance to needy blind persons. Specifically the bill would:

1. Require that the special needs of blind persons, as well as their basic human needs, be fully provided for by state programs of aid to the blind.

2. Remove the length-of-time limitation (12 months obligatory and 36 months permissive for the states) on income and resource exemption for aid recipients with state-approved rehabilitation plans.

3. Specify the maximum amount for which a relative may be held liable to contribute to the support of a needy blind person.

4. Prohibit any state agency administering a federally supported state aid program from requiring aid recipients to subject their property to liens, or to transfer it to the agency as a condition of receiving aid.

5. Provide for a minimum public assistance payment which would permit the satisfaction of basic needs as well as the special needs resulting from blindness. It would also require that needs peculiar to individuals--diabetic diet, household help, etc.--be adequately provided for by state programs of aid to the needy blind.

6. Require that nothing in Title XVI of the Social Security Act be construed to prevent any state from having different assistance standards and eligibility provisions for any of the categories of needy individuals included in the combined public assistance plan. (The combined public assistance plan lumps together aid to the aged, blind,
and disabled in one program.)

7. Permit any state adopting a Social Security Title XVI combined public assistance plan to claim matching federal funds for a separate plan of aid to the blind which meets federal requirements.

8. Permit any state adopting a Title XVI combined plan of public assistance to abandon the plan and resume categorical programs of assistance to its aged, blind, and disabled citizens.

9. Provide that the social services to be made available to public assistance recipients under the Welfare Amendments of 1962 be given only to persons requesting them; that the amount of aid a person is entitled to receive be in no way conditioned upon his acceptance of social services; and that such services be defined and administered on a categorical basis.

10. Increase federal financial participation in money payments to recipients of aid to the blind. The proposed increase would raise the present basic federal grant of $31 of the first $37 to $42.80 of the first $50. It would also raise the present federal matching ceiling from $75 to $100, with the variable grant formula determining an additional federal share of 50 to 66 per cent of the difference between $50 and $100.

11. Require states to pass on to recipients any increases in federal payments intended by Congress for aid to the blind recipients without reducing the state or local share in such payments.

12. Prohibit the imposition of any durational residence requirement as an eligibility condition for receiving aid-to-the-blind payments.

In addition to H.R. 4879, Congressman King has also introduced two other measures related to aid to the blind. H.R. 3066 would outlaw relatives' responsibility in state programs of aid to the blind. H.R. 3065 is similar to the final provision of H. R. 4879 in that it would prohibit length-of-time residence requirements in public assistance programs for the blind.

All Federationists are urged to send letters and telegrams to "Washington in support of our three King bills--H.R. 4879, H.R. 3066, and H.R. 3065. Communications should be sent to the Honorable Wilbur D. Mills, Chairman, Committee on Ways and Means, and to your own congressman. You should remind your congressman of the great importance of the King bills to blind people and ask him to notify Chairman Mills of his support.

Letters and telegrams should be addressed: Honorable , House Office Building, Washington, D.C. 20515.

Certainly all of the problems and difficulties of recipients of aid to the blind will not be solved by passage of these three bills. But if Congress were to enact the King bills into law, those who must rely upon programs of aid to the blind would be able to live with a greater measure of dignity and decency and security. And the needy but employable blind would be afforded a better chance to work their way off public assistance and into employment.

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PROJECT EARNING POWER RECEIVES NEW GRANT

(An HEW Release)

A grant of $76,000 to advance the work of Project Earning Power for severely handicapped people was announced recently by Mary E. Switzer, Commissioner of Vocational Rehabilitation, U.S. Department of Health, Education, and Welfare. Over the next three years, this grant assistance is expected to total more than $200,000.

Project Earning Power is a cooperative effort between some of the nation's top industrial designers, government agencies, voluntary groups and workshops to create new jobs and better earnings for disabled people by producing newly designed products which the disabled can produce in quantity in workshops and which can be sold competitively in regular sales outlets.

When fully operative, the project hopes to provide employment for hundreds of severely disabled people in workshops, who either cannot function in normal commercial employment because of their handicaps, or who need this type of workshop training and experience to prepare themselves for industrial employment in the regular labor market.

Recipient of the grant will be the National Society for Crippled Children and Adults, the Easter Seal Society. It represents the latest step in the Department's aid to PEP since the project began nearly three years ago as an effort in the arts and crafts field.

Following further joint planning, the Vocational Rehabilitation Administration made the first grant for Project Earning Power in October 1964, which provided funds for two years to conduct a design contest, and an educational program built around the film, "The Fire Within."

Three outstanding design concerns became interested in providing volunteer leadership for the project: Raymond Loewy/William Snaith, Inc., New York (Raymond Loewy, designer); Dave Chapman, Goldsmith and Yamasaki, Inc., Chicago (Dave Chapman, designer); and Latham, Tyler, Jensen, Inc., California (Donald L. McFarland, designer).

With the entry of this talent into the picture. Project Earning Power became an undertaking in high-quality commercial design, production and marketing. In each locality, the advisory groups were constituted as task forces to move ahead with various phases of the project. Last year a grant from the Department of Labor gave additional support to the work of the task forces.

The three task forces have produced numerous new product designs and several are in early phases of sheltered workshop production and marketing.

In the new stage of development, the grant just announced by Commissioner Switzer will advance the project into the demonstration period and will cover costs of salaries of personnel, the equipment and consumable supplies needed to produce the prototypes of products selected from among the new designs. From these prototypes, actual production in workshops for disabled people will be launched, and the products moved into commercial sales outlets.

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1970 NATIONAL CENSUS TO IDENTIFY HANDICAPPED

By Hon. James C. Cleveland of New Hampshire
In the House of Representatives, Thursday, February 16, 1967

Mr. Speaker, last year I introduced a bill, H.R. 12321, to have information on the physically handicapped included in a special category of the 1970 national census.

The bill received widespread attention and approval from those concerned with treating the physically handicapped and conducting research into the numerous causes of handicapping afflictions.

The 89th Congress did pass a related proposal which I introduced, which was enacted into law, extending to all physically handicapped persons the facilities of the federal talking books for the blind program run by the Library of Congress.

The bill for a special category in the census, which I am reintroducing, will serve as a focus for the needed, extra study of physical handicaps, and I am sure all difficulties can be overcome. All acquainted with the field agree that more information on the physically handicapped is needed in order to devise the best programs for helping them.

We need to know exactly how many persons are physically handicapped and to what degree. We need more "raw" information on the causes of these handicaps. We need to know how many are employed, or could be employed, and at what kind of work. We need to know how much money is needed to provide income replacement, medical care, rehabilitation, training and other needs.

Although precise figures are not available, the President['s] Committee on the Employment of the Handicapped has estimated that the total annual expenditure by public and voluntary agencies for these benefits and services is about $20 to $25 billion a year. Statistics which could be developed from my census proposal would provide for more efficient use of this enormous sum.

It is unfortunate that presently available figures on the handicapped are no more than a loose collection of data based on isolated surveys, the interpretations of vested interests and casual observations by many government agencies and voluntary organizations.

When we know who the handicapped are by disability, location, education, income level, sex and skills, we will be able to facilitate for many, their entry or return to the labor force through rehabilitation, job promotion, and other services. We will be better able to turn what are, in some cases, national liabilities, into national assets.

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VENDORS AND LEGISLATIVE COMMITTEE MEET IN ST. PAUL

What to do about the Theisen case? How establish a retirement system? How curtail the harmful effects of the block budgeting scheme inaugurated by the Welfare Department? These subjects were up for review at two special meetings called by the blind vendors of Minnesota and the legislative committee of the organized blind at the Home and Center for the Blind in St. Paul, February 19th.

The gatherings were arranged to meet with Professor tenBroek stopping off on his way home from the session of the U.S. WCWB delegation in New York and with Kenneth Jernigan who drove up from Des Moines.

No final decisions were reached, but discussion was animated and profitable. Lou Theisen is full of fight and ready to follow other approaches in warding off the inroads of vending machines on his vending stand business. The United States District Court had held he could not enjoin the operation of vending machines by private companies and committees of postal employees. The NFB officials recommended to him and to the vendors association that they: first, induce their licensing agency to take the appeal authorized by the Randolph-Sheppard Act; second, resort to political action including appeals to national legislators and to the public and finally indulging in judicious demonstration and use of picketing; third, bring another lawsuit, this one seeking to have the income for the competing machines allocated to the vending stand operator as directed by the Randolph-Sheppard Act.

Interest in a retirement and death benefit system among the vendors was sparked by the recent case of a vendor who died and left his family without resources. The licensing agency expressed doubts about the legality of its participation in any such plan. tenBroek and Jernigan thought that set-aside money, authorized by the Randolph-Sheppard Act to be collected to provide operators with a minimum income, could be used for this purpose; but that so doing would open up the danger of using the set-aside to maintain submarginal stands out of the income from profitable stands. They recommended that the organized operators seek to abolish the present set-aside in Minnesota and themselves use the income derived therefrom for the purpose of purchasing retirement and death insurance from a private company or alternatively, simply purchasing group insurance for the members of the vending stand organization who wished it with the organization itself handling the administrative functions.

The block budgeting system of Minnesota's Welfare Department is a result of the federal requirements for simplified methods of determining the amount of the grant. A price tag is put on eight basic maintenance items: food, clothing, personal needs, household supplies and replacements, heating fuel, cooking fuel, electricity, and water. The amount allowed for each of these items then applies throughout the state and across the categories. Housing costs are not included because these vary so greatly from area to area. Thus, under the block budgeting system the caseworker is able to use a single table and identify the total maintenance amount allowed to most recipients. The special needs of any individual may be given special attention. It can be seen that the block budgeting method submerges the blind in the common melting pot of all recipients and seriously underminds the separate category idea.

It is obvious that when thus consolidated, the categorical groups will receive the same amounts despite their differing needs and the amounts will be low. Recipients in Minnesota are complaining bitterly about the amounts allowed for various items.

Professor tenBroek recommended that the legislative committee strive to secure a presumed-minimum-need grant from the legislature encompassing the fixed items in the common budgets but providing amply for the special needs of the blind. This is one feasible method by which the blind can restore the advantages of their separate category and improve the grant so as more adequately to care for their needs.

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NEW CSB GUIDELINES STAND PAT

The board of trustees of Community Services for the Blind of Seattle, Washington, at their January 1967 meeting, formulated a new policy toward blind groups using CSB facilities. The new policy, however, is every bit as restrictive as the original policy, which came under fire from the organized blind of King County and the nation.

The original policy was set forth March 31, 1966, in a letter from Charles Brown, CSB Executive Director, to Thomas Gronning, President of the White Cane Association of King County. (For details see the Braille Monitor, July 1966.) The letter stated that since CSB bears "considerable responsibility" for any group using its facilities, the White Cane Association must furnish CSB with a copy of its constitution and by-laws and a list of its elective officers. The letter also required the White Cane Association to "consult with [CSB] before [engaging] in any fund-raising program, or any organized political activity."

CSB justified this requirement by stating, "This is solely because we need to be aware of these matters, and also could not condone any such activities which would in any way be contradictory to our principals [sic] and practices, or which would be, for one reason or another embarrassing." The White Cane Association protested that the CSB policy was an instance of distasteful and exaggerated paternalism and that it called for the surrender of the Association's basic rights.

This protest spurred CSB's board of trustees to consider the matter at their January meeting, and they issued a statement entitled "General Policy for Use of Community Services for the Blind Facilities by Other Groups." This policy prohibits affected groups from participating in political activity by insisting that they meet requirements for federal income tax exemption. CSB's concern with its own tax exempt status is the reason given for this prohibition. The policy also requires groups using CSB facilities to comply with the rules and regulations of the Seattle- King County United Good Neighbor Fund in soliciting money or memberships. The only reason given for this required compliance is that it is of "vital importance" to CSB.

This purportedly new policy is clearly only a thinly veiled form of the original March letter. The letter advocated CSB oversight of the political, fund-raising, and membership activities of the White Cane Association, but the new statement flatly bans political activity and narrowly prescribes acceptable methods of solicitation. The new policy, in short, continues to represent an arbitrary and extreme limitation of the independence and political freedom of groups using CSB facilities and is thus subject to the same criticisms as the original policy.

CSB restricts the use of its facilities to organizations which are sufficiently inactive politically to meet federal Internal Revenue Code Requirements for tax exempt status. CSB states in part, "The organization [using CSB facilities] must meet the requirements of Sections 501 et seq. of the Internal Revenue Code, as presently in effect or as here-after amended; regulations adopted thereunder; and court decisions construing the same." These sections of the Tax Code and Regulations state that certain charitable, educational, social welfare, and other organizations shall be exempt from federal income taxation, provided they do not engage in political activity to a significant extent. One would expect CSB to summon powerful reasons for such a drastic gagging of the political voices of the groups affected. But there exist no convincing reasons for the action. The rule as applied has absolutely no legal nor logical support from the Internal Revenue Code or from any other source. It is instead an arbitrary denial of rights which the First and Fourteenth Amendments to the Constitution firmly secure against infringement by any public body.

The rule is in effect a blatant denial of free speech in its most vital and necessary aspect. At the very heart of American democracy lie the First Amendment guarantees of free speech, press, and assembly, as well as the right to petition the government for redress of grievances. Taken together they constitute a broad right to all forms of political activity short of violence, including lobbying, advertising, and organization for political purposes. These First Amendment freedoms secure to each citizen, both individually and in groups, the right to take part in political life and the right freely to make his views known as well as to hear the views of others. The idea that a vital democracy requires the right of the governed to free expression and to free participation in decision-making processes is a major thread in the fabric of American life. It is the foundation of state constitutions and of the structure of virtually all groups in this country, from the largest labor union to the smallest garden club.

By requiring groups using its facilities to adhere to the criteria of the Tax Code, CSB , an organization which claims to be dedicated to aiding "the social welfare of the blind. . .in all its aspects," certainly fails to benefit the blind in any conceivable fashion. Instead it hinders certain groups of blind persons from effectively working for their own welfare. The CSB policy denies affected groups a basic right and in doing so violates the fundamental public policy which secures that right. No justification can be found for a rule which operates in so negative and harmful a manner. Yet CSB does attempt to justify its prohibition of political activity. Paragraph 5, which contains the prohibition, is prefaced with the phrase "In connection with paragraph 4(a)." Paragraph 4 refers to the "vital importance to Community Services for the Blind of (a) preserving its tax exempt status." CSB is thus claiming that it fears the loss of its tax exempt status through the activities of other organizations using its facilities. This claim is completely unfounded, as will be shown in the following discussion.

Paragraph 5 emphasizes and sets out at length a portion of the Income Tax Regulations--particularly the "organizational test" found in the Regulations, but it also includes the "operational test" and its definition of "action" organizations. Both tests must therefore be examined. Dealing with the organizational test, the relevant provisions are the one defining articles of organization and the one dealing with authorization of legislative or political activities, both of which are included in the CSB rules. The former states that the term "'articles' includes the trust instrument, the corporate charter, the articles of association, or any other written instrument by which an organization is created." The latter provision states, "An organization is not organized exclusively for one or more of the exempt purposes if its articlesn expressly empower it" to engage in various political activities.

Remember that CSB's claim is that its own tax exempt status is of importance, not that of the organizations using CSB facilities. The tax exemption or non-exemption of these latter groups is significant only insofar as it affects CSB's tax exempt status. It is immediately apparent then that the organizational test is completely irrelevant in the context of use of CSB facilities by other groups, because nothing these groups do could conceivably affect the articles of CSB. Whatever written instrument created CSB will remain entirely unaffected by either the articles or operation of any other group. As far as CSB's tax exempt status is concerned, the organizational test leaves other groups free to engage in political activity to whatever extent their organizational charters permit.

An examination of the operational test discloses the same lack of relevance to groups other than CSB. The statute grants an exemption only if the organization is "operated exclusively" for certain purposes. The operational test found in the Regulations provides that "[a]n organization is not operated exclusively for one or more exempt purposes if it is an 'action' organization," which is defined as an organization engaging in certain broadly enumerated political activities. Since there exists only a single tenuous connection between CSB and the groups using its facilities--namely that very use of the facilities--there is no danger that the activities of the other groups will in any way cause CSB to be classified as an action organization. The groups using the facilities are independent of CSB and have separate names and identities, so there is no possibility of their being identified with CSB, either intentionally or unintentionally. Neither is there any likelihood that the Internal Revenue Service will impute the other groups' activities to CSB merely because they use CSB facilities. Such an imputation on such grounds would mean, for example, that a college could lose its tax exemption by permitting a private corporation occasionally to use campus facilities. The possibility that the IRS would impute the activities of one entity to the other is so remote as to be non-existent in the cases of both CSB and the college.

Clearly CSB's tax exempt status, as determined by proper interpretation of the organizational and operational tests of the Income Tax Regulations, is in no danger whatsoever from groups using its facilities. This being so, CSB's incorporation of the Regulations in its own rules is completely unjustified and invalid as the basis for arbitrarily interfering with the rights of other groups to full political activity. The new CSB policy encroaches upon other organizations' Constitutional rights for the sake of a baseless and mistaken interpretation of tax regulations. CSB gains nothing, while the other groups and society as a whole lose the essential benefits of free political participation.

The current policy which so restricts the capacity of the organized blind to improve their lot should be immediately abandoned. In light of its own avowed goal of promoting the welfare of the blind, CSB is clearly required to adopt a policy which would permit the White Cane Association and other groups to pursue their ends freely and effectively, and which would permit and encourage a full range of political, educational, and fund-raising activities. Such a policy free of baseless restrictions is called for by enlightened social attitudes and by a genuine concern for the welfare of the blind. It represents the simplest and most fundamental way for CSB to aid the blind- -which is to aid them to aid themselves.

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MONITOR MINIATURES

The National League of Cities has undertaken an examination of architectural barriers that impede the rehabilitation of the handicapped for the Vocational Rehabilitation Administration. Included in this study- will be: (1) an analysis of laws, ordinances, and regulations relative to such barriers; (2) an examination of state and local efforts to eliminate, or at least minimize the effects of, these barriers; and (3) an analysis of the activities and attitudes of non-government organizations and private citizens as they relate to the effect of architectural barriers on handicapped persons.

 

Our New Mexico affiliate is vigorously supporting bills on guide dogs, discrimination against blind teachers, the right to apply for state civil service, voting rights, the right to organize, the Model White Cane law, and providing fair hearings for people affected by blind aid laws, and reports progress in the legislature.

 

The Progressive Blind of Missouri is sponsoring legislation to: (1) delete relatives' responsibility; (2) delete the residence requirement for eligibility for pension and aid; and (3) raise the ceiling to $4800 on income before a recipient may be disqualified for aid.

 

The Ashtabula County Adult Physically Handicapped Club of Ohio is giving vigorous support to NFB legislative proposals. George Ferguson, the president of the club, writes that at a recent meeting all 59 members signed letters to congressmen. Ferguson also got articles in the local papers by way of letters-to-the-editor columns discussing the legislative proposals and urging popular support.

 

Study of the laser as a research tool for treatment of retinal detachments, tumors, and inflammatory disease will be one of the research programs in ophthalmology made possible as the result of a $990,000 health research construction award to Columbia University College of Physicians and Surgeons and the Presbyterian Hospital, New York City, it was announced by the U.S. Public Health Service.

The award to Columbia University College of Physicians and Surgeons provides funds for the construction of an eight-floor research wing addition to the existing eye clinic. The new wing will bring together in one area the now scattered clinical, clinical research, and basic research activities of the Department of Ophthalmology and permit broadened and intensified research in such areas as infectious diseases, biophysics and physiology of vision, genetics, and congenital anomalies involving all tissues of the eye. Included in the clinical research activities will be the design, construction, and evaluation of lasers for specific ophthalmic conditions such as retinal detachment, tumors, and uveitis, an inflammatory eye disease sometimes leading to blindness.

 

Senator Phillip A. Hart of Michigan questioned the ethics of physicians selling eye glasses to their patients.

He also questioned whether the medical profession had proved itself capable of self-regulation in such matters.

The Senate Anti-trust and Monopoly Subcommittee, of which the Michigan Democrat is chairman, has renewed hearings, first begun in 1964, on some physicians' practice of owning interests in drug stores and dispensing drugs and other items that they prescribe for patients. Senator Hart proposed a bill to prohibit this practice.

 

Art Edgerton, a radio-television newsman and jazz musician, was named by the President's Committee on Employment of the Handicapped as the 1966 Handicapped American of the Year. The committee cited him for his "determination and the outstanding example he has set for other handicapped persons." The 38-year-old Philadelphia native, blind since birth, now lives in Toledo, Ohio,

 

Tim Fuery writes from Australia: "The Queensland Musical Literary and Self-Aid Society for the Blind has changed its name and from January 1st of this year it is the Queensland Society of Blind Citizens. As this is the fiftieth year of the existence of the Society, I am hoping that the new name serves it as well over the next half century as the old one did for the past fifty years. A few celebrations will be held through the year to celebrate this Jubilee. The fiftieth annual meeting was held on February 28th."

 

"For April and May only here is an offer on braille birthday and get-well greeting cards: 30 for $1. 10 with envelopes postpaid. Please include payment with your order and zip number. Send your order to Harry A. Fribush, 27 Colonial Avenue, Albany, New York 12203. Prompt service."

 

Minnesota's legislative program for this spring includes the following items: (1) modification of the relative responsibility requirement; (2) exploration of the question of tax relief on real estate; (3) increase of exempt assets provision up to $2,000 per person; (4) consideration of a minimum grant of $100; and (5) establishment of an appeal procedure in vocational rehabilitation.

 

The legislative program of the ESAB includes bills to: (1) allow an employer an extra tax exemption amounting to the salary he paid a blind employee; (2) allow the commission to hire two persons who would seek new locations for vending stands; (3) transfer authority over the vending stands to the New York State Commission for the Blind and Visually Handicapped; and (4) include New York City in the law forbidding discrimination against blind teachers.

 

The Ohio Council of the Blind is conducting a vigorous fight to prevent passage of a bill authorizing the sale of thirty-one acres belonging to the State Deaf and Blind School to the city of Columbus and the construction of a ten-lane freeway fifty to sixty feet from classrooms.

 

Impressive funeral ceremonies were held for Hugh Timmons at the St. Stephen Baptist Church in Kansas City, Missouri on December 31st. Hugh and his wife, Doris Miller Timmons, have been leaders of the blind in their community for years. Doris has attended every NFB convention since and including 1960.

 

Enactment of Texas legislation to wipe out all residency requirements for public aid to the needy is being sought by the Texas Social Welfare Association.

 

New Zealander Bert Smith, who has competed in long distance races in his native country despite his blindness, has been barred from the Boston Marathon by the U. S. Amateur Athletic Union. The decision, according to a report in the Boston Traveler was based on the belief that Smith's competition would be unsafe.

Since publication of an earlier story about Smith, however. Listen has been informed that Charles Timpany of Dorchester, Massachusetts, who is blind, finished the marathon last year. So?

 

IAB is sponsoring the following legislation in the current session of the Iowa legislature: (1) to shorten the time of residence in the state to be eligible for welfare grants; (2) to broaden library provisions to make talking books available to other handicapped persons; and (3) the Model White Cane law. The Iowa Welfare Department is asking the legislature to abolish responsibility of relatives.

 

Canada has passed a medicare plan covering all of its citizens and a law that will guarantee persons 65 and older a minimum income of $105. Because health matters are primarily a provincial responsibility under the Canadian constitution, the bill provides that the federal government will pay half the cost of medical services provided under provincial programs that meet the four criteria of universality of coverage (no less than 90% of population when the plan goes into effect, rising after two years to 95%); comprehensive treatment; operation on a non-profit basis; and transferability for persons moving from one province to another. The plan differs from that in the United States in that it will cover everyone, not just those 65 and over. Going into effect July 1, 1968, if all ten provinces are in at the start, the plan will cost nearly $700 billion in its first year of operation, with doctors sending their bills to the government instead of to their patients.

 

Sunday school lessons and sacred music are available on magnetic tape-recordings. You are invited to subscribe for the Uniform International Sunday School Lessons on tape. Also, the Life and Work Lessons used in many Southern Baptist Churches are available. This service is offered without cost. The lessons for each month are mailed to subscribers on a seven-inch reel as a free library service with a request that each shall return the tape at the end of the month. Each lesson discussion is accompanied with appropriate music selections. The tape is recorded at 3-3/4 inches per second dual track. Users of the tape-recording service may write to:

Christian Educational Service for the Blind, Inc.
Post Office Box 6999
Fort Worth, Texas 67115

Correspondence is welcome in braille, on tape or regular print. Indicate whether you want the Uniform International Lessons or the Life and Work Lessons.

 

John E. Vanlandingham, a 46-year-old blind attorney from Phoenix, was named to the bench of the Maricopa County, Arizona, Superior Court.

The new justice has been blind since he was six years old. He is a native of Kansas, and received his law degree from Washburn University in Topeka, Kansas in 1944.

Vanlandingham came to Arizona in 1947. He served in the state legislature in 1963-64.

 

Ending months of legal sparring between government lawyers and the ACLU, which has supported test cases in several cities by elderly individuals objecting to being asked about their political affiliations, the Departments of Justice and HEW are finally complying with the California ruling last fall which voided the medicare loyalty oath.

 

Owen B. Hunt, a Philadelphia businessman, started his annual campaign in February to raise funds for food and medicines for sled dogs in 50 Alaskan villages.

In the last four years, he reportedly has sent 25 tons of dog food and $2,800 worth of medicine and insect repellent to Alaska. He hopes that 1967 will bring in $8,000.

Every year, he says, about 20 per cent of the sled dogs in northern Alaska die of starvation, disease or mosquitoes. He says mosquitoes, some an inch long, sting the dogs' eyes in the summer. The animals go blind and have to be shot.

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SHELTERED WORKSHOPS FOR THE PHYSICALLY DISABLED

Editor's note: Professor tenBroek's sheltered shop article, reprinted below, was published in the October 1966 issue of the University of Detroit's Journal of Urban Law. It has been excerpted and reprinted in the Law Review Digest, a journal devoted to reprinting articles from law reviews throughout the country. Inkprint reprints complete with footnote citations are available on request from the Berkeley headquarters.

Professor tenBroek finds the modern sheltered workshop to be burdened by anachronistic attitudes toward the blind and disabled. He describes the manner in which the present institution fails to distinguish between vocational rehabilitation, medical therapy, and gainful employment functions of the workshop program. He urges a fundamental revision of the theory and practice of sheltered workshops, in order to align the institution with American democratic principles.

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