The Right to be Rescued: Disability Justice in an Age of Disaster PRINCIPLES FOR INCLUSIVE EMERGENCY PLANNING

Create detailed plans that address the needs of people with disabilities (PWDs).

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Involve outside experts, including PWDs with expertise in emergency planning, in creating inclusive emergency plans.

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Provide detailed, effective communication with PWDs about accessible services.

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• Coordinate agencies providing emergency services to ensure the needs of PWDs are met.

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Inventory accessible services and facilities in detail and assess the likely need for such services to identify gaps.

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• Don’t assume that existing structure is accessible. Too often, it’s not – and everyday inaccessibility can become deadly in a disaster.

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On-the-fly solutions will not work. Plans that fail to specifically account for the needs of PWDs violate the ADA and RA. Outside experts can help agencies look at their programs and practices with new eyes. Challenging set of issues and there is no shame in seeking out assistance. Disability rights organizations want to help. Without information about accessible transportation and sheltering options, PWDs cannot make informed decisions. The ADA “prohibits the provision of such an unequal opportunity to plan.” PWDs must be given specific, clear, and accurate information about available accessible services Use multiple modes of communication to meet diverse communication needs. Without coordination, PWDs are likely to fall through the cracks. Lack of coordination is not an excuse for failing to meet the needs of PWDs and will not absolve cities of legal liability. Ask: how many accessible vehicles do we have for evacuation? How many of the buildings that we plan to use as shelters are accessible? You can’t plan for PWDs if you don’t know what’s available and what you need to get. Public transportation systems, school buildings, and other key sites that cities may be tempted to rely on in an emergency frequently are not accessible. Emergency management needs to account for forms of inaccessibility that are prevalent throughout society every day.

Think of the ADA’s program access obligations.

Create inclusive, cross-disability solutions. Consider the full range of disabilities that PWDs may have.

Many PWDs are also marginalized in other ways that make them especially vulnerable and require attention during disaster planning.

Not just about whether a space is accessible or whether an agency has employment policies that comply with the ADA. • Question is: are the services this agency provides accessible? Includes: • Mobility disabilities • Vision disabilities • Hearing disabilities • Cognitive and mental disabilities • Poverty – can people afford to evacuate? • Language – can they understand canvassers who come to their doors? • Digital divide – if information about services is online, will people be able to access it? •

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Brooklyn Center for the Independence of the Disabled v. Bloomberg Settlement – online at www.dralegal.org. Settlement MOUs contain a wealth of information and ideas about inclusive emergency planning. The Right to be Rescued – online at www.yalelawjournal.org. Part V and Conclusion describe the court’s ruling in the BCID case, what the ADA and RA require in the context of emergency planning, the settlement in BCID, and principles for inclusive emergency planning.

CONTACT: Adrien A. Weibgen, Staff Attorney Community Development Project at the Urban Justice Center Tel. 646-459-3027 Email: [email protected] cdp.urbanjustice.org