504 Democratic Club: Questionnaires (Candidate for State Assembly Luke Henry's 2008 response)

Candidate Name: Luke Henry

Candidate for Assembly District: 64

Campaign Name: People for Luke Henry

Campaign Address: 86 Madison Street, New York, NY 10002

If you have a campaign office, is it wheelchair accessible? No.

Campaign Manager: Dirk Haarhoff

Phone: 212 - 542 - 0185

Fax: 212 - 994 - 5387

Email: luke @ lukehenry.org

Website: LukeHenry.org

Key endorsements to date: Democracy for New York City

ACTION SHOWS COMMITMENT!
1. While in public office/prior to this campaign, what have you accomplished in regard to advancing disability rights? This can include work towards accessible housing, transportation, employment, health care, education, and including people with disabilities in the political process?
  
  I am a board member of Fresh Art, a non-profit geared towards providing artistic opportunities to people with special needs. In my capacity as a board member, I have helped to raise funds, awareness, and opportunities for mentally and physically handicapped individuals.
2. Will you commit to only attend and/or sponsor events that are accessible to people with disabilities including providing written materials in alternate formats, providing assistive listening systems, and sign language interpreters as well as ensuring that locations are physically accessible?
  
  I am unable to make this commitment. New York has a long way to go in ensuring that the needs of people with disabilities are accommodated, and I will work tirelessly to advance that cause. However, as an elected official, I will have to engage with a wide variety of interest groups, civic organizations, and local clubs, many of which will have room to improve in facilitating accessibility, in order to ensure that I am representing the people who elected me. While I will use the relationships I build as a means to advocate for greater accessibility, I cannot make a promise that could prevent me from representing my constituents.
GENERAL QUESTIONS:
1. What personal and professional experience have you had with people with disabilities in your personal life and in the workplace?
  
  My mother is mentally disabled and has been for some time. My experience with her led to my involvement and appointment to a position on the board of Fresh Art, a non-profit charity that assists mentally disabled artists. In the workplace, I have had experiences with people with disabilities, just as others have had, and have observed and am aware of the significant hurdles those individuals face on a daily basis. I believe a full measure of respect for disabled persons requires a state representative committed to fight for accessible housing, transportation, employment, health care, and educational opportunities in our common interest. Anything less is morally, practically, and politically wrong.
  
  A recent example of my experience with a person with disabilities is my efforts to assist a would-be constituent obtain a lawyer. We are working together now to find her adequate representation for her legal suit. She has taught me some sign language to my great pleasure.
2. Are you willing to hire and to provide reasonable accommodation (e.g. flex or part time) for staff members with disabilities?
  
  Yes.
3. How will you work closely with the disability community to assure passage of vitally needed legislation through the State Legislature? What will be your strategy?
  
  I would like to prepare a legislative agenda prior to the start of the legislative session, specific to the disability community and prioritized to the extent possible. I would initiate meetings prior to the session to draft this agenda and reach out to the community in Lower Manhattan and beyond. I would work to achieve the agenda and regularly brief the community on our progress and remaining obstacles.
  
  I also plan to open two district offices so that more members of my district can easily take advantage of my office's constituent services. This will allow me to work closely with the community, and allow those with disabilities to regularly seek and lend assistance in passing vital legislation.
CIVIL RIGHTS
1. What will you do at the State level to reverse the negative impact of recent decisions in Federal Courts which are undercutting the powers of the Americans with Disabilities Act (ADA) of 1990 to protect the civil rights of people with disabilities in New York State?
  
  It is disappointing that the courts have undermined legislation that powerfully wielded the influence of the Federal government to ensure greater accessibility in the workplace. Fortunately, the state can act to ensure that its statutes reflect the robust nature of the ADA, as legislators intended. I will sponsor and fight for such legislation. My initiatives aimed at reforming our Court system, de-politicizing court appointments, and raising judicial salaries will also help to ensure New York courts are likely to uphold strong disability protections enshrined in state law.
2. How would you change the laws of New York State to protect the rights of its citizens with disabilities?
  
  One good way to strengthen provisions of the ADA in New York State is to pass A07653, which would waive state immunity for violations of the ADA, allowing state employees to sue for their rights in court. It has passed the Assembly twice, and I will work with Senate colleagues to ensure its passage.
MEDICAID

While the State is focused on reducing the costs of Medicaid and other programs, persons with disabilities need to continue to have access to the services and supports they need and choose.
1. Would you oppose proposals which would negatively affect eligibility, benefits, coverage, and/or access to services for Medicaid beneficiaries and eliminate the systemic bias that leads to unwanted placement in nursing homes and other institutions?
  
  Yes. I oppose any proposals that negatively affect eligibility, benefits, coverage, or access for Medicaid beneficiaries, disabled or otherwise. The state is facing a fiscal crisis, but cutting strands of the safety net is not an appropriate means to put the state's fiscal house in order. There is too much rampant government waste, too many unnecessary member-items, and too many handouts to special interests for legislators to begin cutting costs by skimping on critical programs like Medicaid.
2. Would you seek to promote comprehensive long term care reform that will not reduce coverage or access to services?
  
  Yes.
3. Would you increase rental/housing subsidies to participants in the new Nursing Facility Transition and Diversion Medicaid waiver program?
  
  Yes.
HEALTH INSURANCE
1. Timothy's Law was designed to end health insurance discrimination by enacting parity in coverage for people with biologically-based psychiatric disabilities. However, returning veterans with Post Traumatic Stress Disorder (PTSD) are not covered. Do you favor amending Timothy's Law to provide coverage for PTSD?
  
  Yes. A10078 amends the insurance law so that PTSD is defined as a biologically-based mental illness, so that people suffering from the disorder are eligible for coverage under the law. Neither the Assembly nor the Senate acted on the legislation during the recently completed legislative session. I will work to ensure that the legislation is considered in the next legislative session.
2. Under Kendra's Law, a state-funded Medicaid grants program was established to provide medications for eligible individuals with psychiatric disabilities upon release or discharge from institutions to eliminate some of the problems associated with the Medicaid coverage gap. Do you support Medicaid Presumptive Eligibility legislation which would eliminate the standard 45 days coverage gap that blocks access to treatment?
  
  Yes.
3. Would you expand Elderly Pharmaceutical Insurance Coverage program (EPIC) to provide the same level of eligibility and coverage to persons with disabilities under age 65?
  
  Yes.
HOUSING
1. We are in the midst of a housing crisis. Accessible, affordable housing is in short supply. People with disabilities are being priced out of the market. Do you support the creation of a housing trust fund for persons with disabilities?
  
  Yes, I do support the creation of a housing trust fund for persons with disabilities, but with a waiting list of hundreds of thousands waiting for low-income housing, the best way to combat the inadequate supply of affordable housing is to create a new Mitchell-Lama program and construct public housing on undeveloped properties so that more units are available to disabled and non-disabled persons alike. I also support repealing the Ursdadt Law so that New York City will be empowered to address its own housing crisis.
2. Section 504 of the Rehabilitation Act of 1973 requires housing developers to set aside a certain percentage of accessible units for persons with disabilities when federal funds are used for construction. Do you favor incorporating these provisions into State law so that the Dept. of Housing and Community Renewal can be empowered to enforce these provisions?
  
  Yes.
3. Visitability sets guidelines to ensure newly constructed multi-family dwellings have basic accessible/adaptable features to permit people with disabilities can visit, and for residents to "age in place," without having to move out when age and/or disability set in. Do you support incorporating the concept of "visitability" in the New York State Building Code?
  
  Yes.
4. What is your position on expanding DRIE (Disabled Rent Increase Exemption) to have the same income eligibility limits as SCRIE (Senior Citizen Rent Increase Exemption)? Currently SCRIE's income cap is $27,000, while DRIE's is $18,600.
  
  I support parity between eligibility requirements for DRIE and SCRIE, but income thresholds on both exemptions should be raised.
VOTING ACCESS & HAVA

With the recent decision to acquire voting machines that attempt to meet the accessibility standards of the Help America Vote Act (HAVA), many poling places in New York State remain inaccessible to persons with disabilities. Do you favor the elimination of provisions in Section 4-104 (1-a) of the NYS Election Law allowing waiver of polling place accessibility standards?

Yes. A00244A would eliminate the waiver. The legislation has passed the Assembly twice during the legislative session that just concluded. As with so many important pieces of legislation, the Senate has proven to be a cemetery for good legislation, and the culture of backroom wheeling and dealing fostered by Speaker Silver makes serious compromise untenable. I have great hopes that new leadership in the Assembly and a Democratic Senate will result in the passage of legislation that will ensure that all New Yorkers can vote. I have worked on the New York State Democratic Lawyers Committee, an organization that fights for voting rights, because I believe our best chance for progress is making sure all individuals vote.
EDUCATION
1. Despite Section 504 and the Americans with Disabilities Act, students with disabilities face problems when pursuing higher education. These statutes do not specify how students should request accommodations or assistance in asserting their rights under the law. Will you support a fully funded office of disability services on each SUNY and CUNY campus to assist students with disabilities in securing accommodations?
  
  Yes.
2. How do you propose dealing with a school district that deny civil rights to disabled students even after the State Division of Civil Rights affirms the student's rights such as to use an assist animal?
  
  I would have the State take those districts to court to protect and enforce the civil right. I would also pass legislation that made State funding contingent on compliance with State Civil Right rulings. In such a way, you might insulate a local actor from parochial political or economic concerns, and help create an environment where important interests were aligned to act to protect the civil right.
TRANSPORTATION
1. Do you favor an expansion of accessible transportation options for people with disabilities in NYS?
  
  I support A10734A, which would establish an MTA Rider's Council for People with Disabilities. The advisory board would be composed of regular riders who are people with disabilities. This would allow accessibility problems to be easily identified and addressed, so that the needs of the disabled community are not lost the bureaucratic shuffle of the MTA.
2. Will you support Assembly Member Kellner's proposed bill requiring NYC to transition to a 100% accessible taxi fleet?
  
  Yes. I will work with Assembly Member Kellner to pass such legislation.
3. Do you support legislation requiring car services, and all shuttle services to purchase wheelchair accessible vehicles or otherwise ensure that they have the capacity to serve persons with disabilities?
  
  Yes.

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