Quarterly Newsletter. Inside this Newsletter. Get Connected, be HEARD S U M M E R Deaf Prisoner Phone Justice Campaign

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1 S U M M E R Quarterly Newsletter Inside this Newsletter Deaf Prisoner Phone Justice Campaign Community Engagement & Education Empowering through Education Keeping the Pressure on the Florida DOC Message from the Founder Announcements Talila TL Lewis (center) discusses prisoners with disabilities at the Federal Communications Commission. Pictured with Cheryl A. Leanza, President, A Learned Hand, LLC, and Timothy Meade, President CEO, Millicorp/ConsCallHome.com DEAF PRISONER PHONE JUSTICE CAMPAIGN: LOBBYING THE FCC FOR EQUALITY In January 2013, HEARD launched its Deaf Prisoner Phone Justice Campaign. Through this Campaign, HEARD lobbied the Federal Communications Commission (FCC) to bring an end to the unfairly high prisoner telephone rates that disproportionately impacted deaf and hard of hearing prisoners and their family members. On August 9, 2013, the FCC adopted an order that brought an end to these high rates. The order prohibits companies from charging fees to deaf and hard of hearing prisoners who use relay services and from charging the same rates to communicate through this despairingly slow technology. Specifically, the order requires that phone companies base their rates on actual costs; provides a safe harbor rate of.12 per minute for prepaid calls and.14 minute for collect calls; and places an interim rate caps at.21 and.25 cents per minute for prepaid and collect calls, respectively. Get Connected, be HEARD Continued on Page 2 Shay Taylor; Emily Glenn-Smith, MA; & Talila TL Lewis at the National Deaf People of Color Conference

2 HEARD QUARTERLY NEWSLETTER Deaf Community Members attend the FCC Workshop on Reforming Prisoner Telephone Rates! SUMMER 2013 Pictured (Left to Right): Anne Ehrlichmann, Co-Director, Embracing Lambs; Jason Tozier; TL; unnamed Deaf Community member; Alec McFarlane, President, Library for Deaf Action; & Alice Hagemeyer, Founding President, Friends of Libraries for Deaf Action. DEAF PRISONER PHONE JUSTICE CAMPAIGN (Continued from Page 1) Prior to this decision, hearing prisoners telephone calls could cost their family members as much as $17 for just 15 minutes, while deaf prisoners could pay more than $20 for a 9- minute, local, TTY-to-voice phone call! Prisoners were paying far more for far less communication, simply because of their or a loved one s disability. Deaf, hard of hearing, deaf-blind, speech challenged, and hearing prisoners with deaf family members endured this burden due to a number of factors, including (1) telephone rates being applied evenly to TTY and regular voice phone calls; (2) failure of prisons to install videophones and captioned telephones; (3) security measures that either prevented deaf prisoners from calling relay operators or caused them to incur additional fees; and (4) security measures that require deaf prisoners to only place collect calls. HEARD s Campaign mobilized unprecedented participation from more than forty deaf and hard of hearing prisoners. These men and women submitted compelling comments to the FCC that spoke to the isolating impact of inaccessible technology, sky-high rates, and additional fees being charged for relay service that often prevented communication with everyone outside of prison. In addition, HEARD rallied congressmen, members of the Deaf Community, family members of deaf prisoners and allies to submit comments about the unique impact of unaffordable and inaccessible telecommunications for deaf prisoners and their family members and advocates. These comments illustrated how the absence of videophones and captioned telephones prevent deaf prisoners from connecting to their loved ones. They also illuminated issues related to systemic abuse of deaf prisoners that necessitates communication with advocates via sign language a language that is unique from English. On July 10, 2013, HEARD s Founder, Talila A. Lewis, sat on a panel at the FCC s workshop, Reforming Inmate Calling Services. Lewis told moving stories of family members of deaf prisoners being completely cut off from communication with their loved ones and reminded the FCC that the Rehabilitation Act and the Americans with Disabilities Act proscribe prisons from denying people with disabilities the opportunity to participate in or benefit from a prison's activities, programs and services. She urged the FCC to address the rate and accessibility issues because it is the right thing to do and because federal law mandates such. Regrettably, the FCC s August 9th order does not address serious and sweeping accessibility concerns related to the absence of videophone technology in all but one handful of prisons in this nation. HEARD is pleased with the vote that ends predatory practices that have disproportionately affected prisoners with disabilities for decades, but equality demands more. HEARD again calls on the leadership of Chairwoman Mignon L. Clyburn and the FCC to ensure that prison telecommunication is affordable and universally accessible. Sadly, notwithstanding this historic vote, countless people with disabilities across this nation still cannot connect to their incarcerated loved ones. HEARD s Deaf Prisoner Phone Justice Campaign will not end until deaf prisoners and their families have equal access to telecommunication. Many thanks to our allies who continue to stand with us in solidarity! 2

3 HEARD QUARTERLY NEWSLETTER SUMMER 2013 COMMUNITY ENGAGEMENT & EDUCATION Triennial National Deaf People of Color Conference On June 14 th, HEARD educated the Community at the Triennial National Deaf People of Color Conference at Gallaudet University. The conference included a powerful presentation by Emily Glenn- Smith on the deaf prison experience. Glenn-Smith mentioned HEARD as the way for the Community to get involved & TL spoke briefly about specific opportunities for Community involvement. We also spoke to a deaf returned citizen about life during and after prison and recruited new volunteers! HEARD & Embracing Lambs Present at the Virginia Association of the Deaf On June 21 st, HEARD teamed up with Embracing Lambs to educate the Community about Deaf Access to Justice and Deaf Prisoners. HEARD Intern, Max Shea and former intern, Rita Torres joined in to help educate the community about deaf defendants & prisoners. Embracing Lambs is a nonprofit organization whose goal is to help Deaf and Hard of Hearing People in prison and as they return to their communities. For more info HEARD Intern Testifies at the DC Council On June 25 th, Intern Peter Kesaris testified before the Committee on the Judiciary & Public Safety, on Bill , Video Visitation and Modification Act of HEARD s testimony advocated for inperson visits citing the difficulties prisoners have using the video visitation system and the importance of in-person visits. After HEARD s testimony, Councilman Tommy Wells stated that he would ask the executive director of the DC Department of Corrections why videophones and captioned telephones were not installed in the DC Jail despite having video visitation for hearing detainees. HEARD s testimony can be found here: HEARD Founder Radio Interview with Roach Brown HEARD's founder was a guest on CROSSROADS Radio Show (WPFW-89.3 FM) on July 12, TL educated the public about HEARD s Deaf Access to Justice Movement & Deaf Prisoner Telephone Justice. Specific issues discussed included deaf and hearing prisoner access to accessible and affordable telecommunication; creating an inclusive society; for-profit prisons; racial disparities in the criminal justice system; and current prison reform initiatives. The full transcript of the show is available at 3

4 HEARD QUARTERLY NEWSLETTER EMPOWERING THROUGH EDUCATION SUMMER 2013 District of Columbia Council Member Tommy Wells Last Spring, after HEARD s founder testified at the DC Council about the failure of the DC Department of Corrections & the Federal Bureau of Prisons to provide equal access to programs and services for prisoners with disabilities, Councilman Tommy Wells requested to meet with HEARD leaders to discuss DC s deaf prisoners & how videophone access could improve conditions. This summer, Board Members Talila TL Lewis & Shay Taylor educated Council Member Tommy Wells Office about Deaf Culture and communication and provided feedback on possible remedies for the lack of access to Justice for DC s deaf and hard of hearing citizens. Big Law Firm HEARD provided a deaf culture and deaf communication training to attorneys at a large law firm that represents a deaf client in a case against the DC Department of Corrections. During the training, HEARD Board Member Shay Taylor discussed various aspects of Deaf Culture as well as ways in which lawyers can effectively and efficiently serve deaf and hard of hearing clients. DC Corrections Information Council HEARD provided training to the CIC, the agency that monitors and reports on conditions of confinement for DC's prisoners. Because of HEARD's advocacy, the CIC will be visiting and reporting on DC's deaf and hard of hearing prisoners housed in federal facilities across the U.S. The CIC requested training in advance of their visits so they could get the most out of interviews with prisoners with sensory disabilities. Federal Bureau of Prisons Board Member Extraordinaire Shay Taylor presented to a packed house at BOP's Diversity & Inclusion Awareness Day! Her Presentation on "Diversity in Visual Language & Culture" was amazing and well-received. This opportunity opened the door for HEARD to meet with leadership in the BOP to discuss access and equality for BOP prisoners with disabilities. HEARD BLOG This summer HEARD started a blog/vlog! We use this blog to share our views on different current events and issues; and to share intern & Community member s ideas and experiences. To submit your material to this blog, send an e- mail to info@behearddc.org, with the subject BLOG/VLOG Submission. 4

5 HEARD QUARTERLY NEWSLETTER SUMMER 2013 Keeping Pressure on the Florida Department of Corrections For nearly three years, HEARD has reported on systemic abuse of deaf, deaf-blind, elderly and disabled prisoners in the Florida Department of Corrections (DOC). HEARD s efforts have helped initiate a formal investigation by the U.S. Department of Justice. Sadly, the DOC still has not addressed widespread abuse of prisoners with disabilities. In fact, abuse has worsened, and the DOC has blocked HEARD s incoming and outgoing mail, and proposed a rule that, if adopted, would ban prisoners and their advocates from maintaining an Internet presence on any website. On August 12, 2013, HEARD submitted a comment in opposition to this proposed rule because the rule violates constitutionally protected First Amendment rights and perpetuates further abuse and retaliation. HEARD will continue to share information with the public to raise awareness of ongoing human and civil rights abuses in the Florida Department of Corrections and others as we work to ensure that all prisoners are treated humanely and have equal access to programs and services at prisons across this nation. HEARD's comment states, in part: "Not only is this proposed rule unconstitutionally broad, it also sets a very dangerous precedent that encourages retaliation against prisoners, advocates and organizations who use the Internet to inform the public about abuse of prisoners in the FDOC. Read the full comment here (PDF): Dear HEARD Friends, From the Founder s Desk We are excited to share the amazing progress we are making in the Deaf Access to Justice Movement! This summer HEARD hosted three interns; educated four government agencies and a large law firm; successfully lobbied the FCC for universal equity in rates for interstate prison phone rates; and advocated for hundreds of prisoners with disabilities nationwide. Moreover, we engaged and empowered our Community & Allies in the struggle for universal equality! This fall we will lobby the FCC for prison videophone access and help create the first deaf cultural prison library. As an all-volunteer organization, we depend on your support. Please consider donating your time, talent, funds and ASL books & DVDs so HEARD can continue to champion universal access to justice! Most Grateful, Talila TL Lewis, Founder & President TL & Summer Intern Max Shea 5

6 HEARD QUARTERLY NEWSLETTER SUMMER 2013 ANNOUNCEMENTS FROM HEARD & THE COMMUNITY!!! Congratulations to HEARD s Summer Interns, Antonia Latsch, Peter Kesaris & Maxwell Shea! HEARD s Next Public Meeting!!! September 12, 6:00pm at Gallaudet University Library, RM B112 The agenda includes discussion of HEARD s recent successes & upcoming projects. We also will host a panel with deaf returned citizens! Celebrating the Life & Legacy of Dr. McCay Mac Vernon Dr. McCay Mac Vernon passed away on August 28, 2013, at the age of 84. Mac served on HEARD s initial Board of Directors and is remembered as a kind and generous man who dedicated his life to the pursuit of service, civil rights, and knowledge. His contributions to the Deaf Community and the field of psychology are vast & revolutionary. His impact stems not only from his pioneering research and writing, but also from his spirited and committed service as a teacher, advisor and mentor. He will be deeply missed by all those who knew and loved him. A celebration of Dr. Vernon s life & legacy will be held on August 22, 2013, in St. Augustine, Florida. AJE s Third Annual 5k Walk & Roll Against Bullying Advocates for Justice and Education (AJE) is a nonprofit organization that educates parents, youth and community about the laws governing public education, specifically for children with special needs. On September 21, 2013 at 8:00am AJE will host its annual 5K walk as a way to take a stand and say NO! to bullying. For more information and to register go to 6 To request accommodations please contact Marquel Ramirez (marquel.ramirez@aje-dc.org) at (202)