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RELEASE: Disability Advocacy Groups File Federal Lawsuit Alleging 6 Maryland Jurisdictions Discriminate in Vaccine Process

UPDATE: On March 12, 2021, The Arc Maryland dismissed its lawsuit against Baltimore City and Garrett County after both jurisdictions took actions to increase opportunities for people with intellectual and developmental disabilities to access COVID-19 vaccines. Read more >>

Baltimore, MD (March 9, 2021) ⁠— The Arc Maryland is suing Baltimore City and five Maryland counties, charging they have discriminated against people with intellectual and developmental disabilities (IDD) by denying opportunities for them to access COVID-19 vaccines.

The lawsuit filed last night in U.S. District Court for the District of Maryland Northern Division by The Arc Maryland – which is being represented by Disability Rights Maryland, The Arc of the United States, and the Brown & Barron Law Firm – asserts that the websites being used by the six named jurisdictions to convey information about coronavirus vaccines fail to include people with IDD as eligible for vaccines under Phase 1B of Maryland’s vaccine priority plan.

This is not only inconsistent with Maryland’s Executive Order and Vaccination Plan, which specifies people with intellectual and developmental disabilities have priority under Phase 1B, but also violates the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

The jurisdictions named in the suit are Baltimore City, and Carroll, Garrett, Queen Anne’s, Somerset, and Talbot counties.

“Simply put, this discrimination puts lives at stake,” says Ray Marshall, Board President of The Arc Maryland.

Ivis Burris has muscular dystrophy and requires support staff to come to her apartment to assist her with nursing needs. She lives in Baltimore City with her adult son who has Down syndrome. Under the state Vaccination Plan, they are both eligible for the vaccine under Phase 1B as individuals with IDD. But when Ms. Burris went to the Baltimore City COVID-19 website, she thought she wasn’t eligible to request the vaccine for herself and her son because the City excludes people with IDD from its list of those eligible for Phase 1B. Ms. Burris explains, “I want a fair chance like everybody else to live. My son deserves a fair chance to live. Considering our situation – I need a ventilator to breathe and my son is at higher risk because of his Down syndrome – it is really critical that we get the vaccine. Our disabilities put us at higher risk.”

“People with intellectual and developmental disabilities have faced and overcome incredible obstacles over the past year,” Marshall notes. “It is frustrating to have our state recognize people with IDD to be the 1B priority group for the vaccine, only for people with IDD to be denied equitable access to the vaccine from the counties in which they live. We hope this action will result in immediate change for the benefit of all.”

Numerous studies indicate that people with IDD face significantly heightened COVID-19 risk. That risk may be increased for those who rely on caregivers or direct support professionals to provide assistance with daily activities, for which social distancing is often not possible. This is particularly true for those people supported by a provider organization, such as one of The Arc Maryland’s local affiliates.

According to a study published this week in the New England Journal of Medicine, Catalyst, COVID-19-related fatality rates among people with IDD nationally who have tested positive for COVID-19 are 2-3 times greater than mortality rates among the general population who have tested positive for COVID-19.

Maryland’s plan distributes vaccines to priority groups based on the relative risk of exposure or developing a serious illness. Since January 5, those included in Phase 1A (including health care workers and residents of nursing facilities) have been eligible to receive the vaccine. On January 18, Maryland entered Phase 1B of the plan, prioritizing Maryland residents who are:

  • 75 years and older;

  • in assisted living, independent living, developmental disabilities or behavioral health group homes, and other congregate living facilities;

  • high-risk incarcerated individuals;

  • continuity of government;

  • education, including K-12 teachers, support staff, and childcare providers; and

  • Individuals with intellectual and developmental disabilities.

On January 25th, Maryland entered Phase 1C of the plan, opening up eligibility to adults aged 65-74, essential workers in lab services, agriculture, manufacturing, postal service, etc. Those who fall under earlier priority groups, including those with IDD, continue to be eligible to receive the vaccine. Due to inaccurate information from these six jurisdictions, access to the COVID vaccine has been impeded for people with IDD.

According to recent projections, there are approximately 93,000 Marylanders, statewide, with IDD. A fraction of this number of people receive supports from a DDA provider in a congregate setting.

“We are grateful for the pharmacy partnership program in Maryland which has helped some people with IDD in DDA congregate settings access the COVID vaccine. Many of The Arc chapter affiliates have held clinics to support this critical vaccination effort in the state. Unfortunately, this group represents a small fraction of all people with IDD in the counties and in need: people who are not in a congregate living setting and/or are not aware they are prioritized for the vaccine in 1B due to the inaccurate or missing information from some county health departments,” explains Ande Kolp, Executive Director of The Arc Maryland.

“Throughout this pandemic, The Arc has fought to ensure that people with disabilities nationwide have equal access to treatment and are not subject to medical discrimination,” notes Peter Berns, CEO for The Arc of the United States. “As vaccines are distributed around the country, we will remain vigilant to ensure people with IDD are not discriminated against in this process.”

“We need these localities to take immediate corrective action to fix their information; to fix forms that exclude individuals with disabilities from claiming eligibility and seeking vaccine appointments; to tell health department staff and others that people with disabilities are eligible and to assist them with obtaining the vaccine. The Americans with Disabilities Act was passed over thirty years ago with a purpose of ending historic inequities in health care. We need immediate action to protect lives,” says Lauren Young, Litigation Director for Disability Rights Maryland.

“Ensuring that vulnerable populations have access to life-saving vaccines and that the State’s distribution plan prioritizing these populations is followed is in accordance with Brown & Barron’s core principles and values of promoting access to quality healthcare for all. We are proud to stand behind The Arc in supporting these individuals and communities at this crucial time,” says Brian S. Brown, Managing Member of Brown & Barron, LLC.


Disability Rights Maryland (DRM), a non-profit 501(c)(3) organization, is Maryland’s designated Protection & Advocacy agency. DRM advocates to advance the civil rights of people with disabilities throughout Maryland.
 
The Arc Maryland is an affiliate of The Arc of the United States. The Arc Maryland has 10 local affiliate chapters across Maryland.
 
The Arc of the United States is the largest grassroots organization dedicated to advancing the civil rights of people with intellectual and developmental disabilities.
 
Brown & Barron, LLC is a civil justice law firm in Baltimore, Maryland.
 

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RELEASE: Judith Heumann to Present the 2020 Judith Heumann Champion of Justice Award at 2020 Breaking Barriers Awards Gala

BALTIMORE, MD (July 14, 2020) — Disability Rights Maryland (DRM) is honored to welcome Judith Heumann to present the first-ever Judith Heumann Champion of Justice Award at DRM’s 2020 Breaking Barriers Awards Gala this fall. Established to commemorate Heumann’s activism and passion for disability rights and justice, this prestigious award recognizes one outstanding honoree for a lifetime of advocacy for the disability rights movement and all the civil rights movements with which it intersects. Heumann will personally present this year’s award to the 2020 honoree, Wade Henderson, at this year’s virtual gala on Thursday, Nov. 12, 2020.

Heumann’s remarkable career spans her entire life. Heumann has helped pass landmark legislation for the disability rights movement, including the Individuals with Disabilities Education Act, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act. She served as the Obama Administration’s Special Advisor for International Disability Rights, the World Bank’s first-ever Advisor on Disability and Development, and the Clinton Administration’s Assistant Secretary for the Office of Special Education and Rehabilitative Services. The recent Netflix documentary Crip Camp, produced by Barack and Michelle Obama’s production company, captures the progression of Heumann’s activism from her time at Camp Jened, a summer camp for people with disabilities, to the transformative legislative and regulatory victories that she later achieved. This year’s honoree, Wade Henderson, has exemplified similar leadership. In his two decades as the president and CEO of the Leadership Conference on Civil and Human Rights and in his prior time at the American Civil Liberties Union, Wade helped pass key national legislation for disability rights, including the Fair Housing Amendments Act and the ADA Amendments Act of 2008.

The Breaking Barriers Awards Gala is DRM’s signature annual event which honors individuals, law firms, and organizations that have demonstrated exceptional leadership, vision, and achievements in promoting and safeguarding the legal rights of people with disabilities in Maryland.

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RELEASE: Wade Henderson selected for the 2020 Judith Heumann Champion of Justice Award

BALTIMORE, MD (July 13, 2020) — Disability Rights Maryland (DRM) is pleased to announce Wade Henderson, former president and CEO of The Leadership Conference on Civil and Human Rights (The Leadership Conference), as the 2020 honoree of the newly established Judith Heumann Champion of Justice Award. This prestigious award recognizes Henderson for his lifetime of advocacy and passion for civil rights and the disability rights movement. Renowned disability rights activist Judith Heumann will personally present the award to Henderson at the virtual 2020 Breaking Barriers Awards Gala on November 12, 2020.

In Henderson’s two decades of leadership at The Leadership Conference, he secured vital national legislation for people with disabilities and positioned The Leadership Conference as a determining force in the struggle for further legislation. Henderson’s advocacy for equal access to education, transportation, public benefits, and employment has empowered people with disabilities to build better quality lives with dignity and normalcy. His long and ongoing struggle to combat discrimination against people of color and people with disabilities has moved this country closer to fulfilling its promise of freedom and equality for all. Through his leadership, advocacy, and lifelong commitment to justice, Henderson inspires a rising generation of civil rights advocates.

Henderson has helped pass key legislation including the Fair Housing Amendments Act, the Help America Vote Act, the reauthorization of the Voting Rights Act, and the ADA Amendments Act of 2008. His work has not only helped people with disabilities live integrated lives in communities across the country, but it has also laid the crucial legal groundwork for DRM to continue fighting for the full and equal access of all Marylanders with disabilities.

DRM’s signature Breaking Barriers Awards Gala honors those individuals, law firms, and organizations that have demonstrated exceptional leadership, vision, and achievements in promoting and safeguarding the legal rights of people with disabilities in Maryland.

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RELEASE: Andrew D. Levy selected for the 2020 Lorraine Sheehan Lifetime Achievement Award

BALTIMORE, MD (July 10, 2020) — Disability Rights Maryland (DRM) is pleased to announce Andrew D. Levy, partner at Brown, Goldstein & Levy, LLP., as the 2020 honoree of the prestigious Lorraine Sheehan Lifetime Achievement Award, in recognition of his commitment and lifelong service to people with disabilities and his embodiment of the spirit and attributes that the award celebrates. The award will be presented to Mr. Levy at the virtual 2020 Breaking Barriers Awards Gala on Thursday, Nov. 12, 2020.

As chair of the Maryland Commission on Disabilities from 2010 to 2015, Mr. Levy’s exceptional leadership led to improved and streamlined services for people with disabilities. Acting as lead counsel for many years, he successfully grappled with and overcame community resistance to establishing group homes for persons with disabilities. The landmark Potomac Group Home case, in which Mr. Levy was lead counsel, resulted in the elimination of state and local laws that required neighbor notification and public hearings as prerequisites to the establishment of community-based homes.

Among a small select group of attorneys, Mr. Levy has been listed in Best Lawyers in America for 20 years, a reflection of the high level of respect he has earned for his abilities, professionalism, and integrity. His prolific leadership in the legal community is legendary, and the scope of his work spans both criminal and civil litigation. Mr. Levy is and has been a teacher and mentor to generations of law students.

“Like Ms. Sheehan,” DRM Executive Director Robin C. Murphy stated, “Andy is integral to the disability rights movement in Maryland. His many years of public service have brought about systemic change on the ground by instituting new policies that integrate people with disabilities into the wider community.”

DRM’s signature Breaking Barriers Awards Gala honors those individuals, law firms, and organizations that have demonstrated exceptional leadership, vision, and achievements in promoting and safeguarding the legal rights of people with disabilities in Maryland.

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RELEASE: DRM’s Executive Director Robin Murphy Appointed to Maryland Attorney General’s Access to Justice Task Force

BALTIMORE, MD — Robin Murphy, Executive Director of Disability Rights Maryland (DRM), has been appointed to serve on the Maryland Attorney General’s COVID-19 Access to Justice Task Force, a partnership between the Maryland Office of the Attorney General and the Maryland Access to Justice Commission. The prestigious 51- member Task Force will work to ensure Marylanders’ access to a just, fair, and equitable civil justice system as the state grapples with the fallout of COVID-19.

In a virtual press conference on June 11, 2020, Attorney General Brian E. Frosh announced the launch of the COVID-19 Access to Justice Task Force. Bringing together high-level and diverse leaders with expertise in a myriad of sectors, including the judiciary, federal and state legislative branches, health, disaster recovery, business, government, and others, the Task Force is charged with confronting the COVID-19 challenge with innovative solutions and commitment to implementation.

DRM applauds the Attorney General’s and the Access to Justice Commission’s initiative. “Maryland communities directly served by DRM,” Murphy stated, “have been disproportionately struck and suffered the effects of the pandemic. A negative impact is compounded when a disability intersects with other identities such as race. Recent events testify to the enduring impact of institutionalized and structural racism in our country.” She added, “Just as communities of color have been inordinately affected by the COVID-19 pandemic, so too are Black, Hispanic, and Native American families disproportionately affected by the systemic gaps in the civil justice system. This Task Force will work to bridge those gaps and secure the stability of Maryland families in the wake of COVID-19.”

As the Task Force works to correct inequities in Maryland’s civil justice system, DRM will continue its mandate to protect the equal rights and the full inclusion of Marylanders with disabilities during the ongoing health crisis.

“I look forward to participating in the Task Force as we develop concrete steps that can be taken to ensure full inclusion and equity for all.” Murphy said.

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