... in mind the following points of advocacy etiquette: 5 .... Twitter and Facebook are also good ways to get your messa
Advocacy Guide Contents
Advocacy: An Overview
Advocacy: An Overview............................................................................2 Getting Started On Your Advocacy Journey...........................................3 Basic Steps to Help You Organize Your Advocacy.................................6 How Should You Communicate?...........................................................10 Understanding Laws and Government Entities...................................12 Laws..............................................................................................12 Government Entities..................................................................15 Who to Contact & How to Find Contact Information.......................16 Public Officials............................................................................16 New York City Government......................................................18 State and Federal Government..................................................20 Disability-Specific Issues.........................................................................23
To advocate: to speak or write in favor of; support or urge by argument; recommend publicly. Advocacy isn’t rocket science—it just takes a little organization, information and, most importantly, persistence. It can be a long slog but it’s good to remember that pretty much anything that’s ever been achieved for the benefit of the majority of us happened because people decided to advocate and refused to give up. And if you have a problem, the chances are very good that other people have the same problem and will want to work with you to solve it. The ICS Member Civics League was created to be a resource for your advocacy. Bring questions to the group. Team up with members who have similar interests and goals. Share your knowledge and bring your friends—non-members are also welcome. We hope the information in this guide will be useful to you in your advocacy efforts. ICS staff are also available to help, where possible. In addition, to get the latest information about Civics League meetings, find interesting developments on important topics, or to join the conversation online, follow the ICS Civics League on Facebook (https://www.facebook.com/ICSMCL).
1
2
Notes
Advocacy Guide Getting Started On Your Advocacy Journey Here are some important questions to help you think about what you want to do and how to get it done. → What is the problem? This could be anything: • Your post office has stopped delivering your mail. • Access-a-Ride has suspended your services. • Con Edison ripped up the sidewalk and wheelchairs can’t navigate the steel plates they left behind. • Your landlord has stopped supplying hot water. • The only supermarket in your neighborhood is closing down. • Your local public library won’t let you enter with your service animal. • The quiet diner across the street has morphed into a noisy night spot. • Your boss fired you when you told her your mom has Alzheimer’s. → What would fix the problem? Often you will need to first ask a question before you can answer this one. For example, you may need to call the post office to ask about your missing mail, get an explanation from Access-a-Ride, talk to your landlord or find out why your supermarket is closing. You will want to get as much information as you can before deciding what 3
would fix the problem. Sometimes that first contact is all you need. This guide will help you figure out solutions for those other problems that require more action. → What are your rights? We all have rights. Some rights—the right to assemble peaceably, the right to petition the government, the right to due process when charged with a crime—are enumerated in the U.S. Constitution. Others may be established by laws that were passed by legislative bodies (Congress, the State Senate and Assembly in Albany, the New York City Council), laws established by state and federal courts (case law), or regulations created or enforced by government agencies or other entities. When you want something to change, it’s important to understand your rights. In most of the examples above (i.e., the post office, Access-a-Ride, Con Edison, your landlord, the public library, the noisy nightspot) you have clearly established rights under existing laws and/or regulations. There are also situations where there may be no clear right under the law, but you still have the ability to use government entities to influence the situation. For example, you may have no legal rights related to your supermarket closing, but you do have local representatives (i.e., your City Council member, or your local Community Board) who can get information for you about why this is happening and what it means for your community, and who will often help residents address an issue of neighborhood concern such as this one. 4
Notes
Advocacy Guide → Who has the power to make the change you want to see? You will want to contact the highest ranking person you can reach who has the authority to fix the problem, or at least influence the outcome. This may be an elected official who represents you, someone who works at a government agency, or a community-based or nonprofit organization. Often you may want to contact more than one person or agency. Which elected officials and public agencies are responsible for the thing you are advocating about? Which community-based or nonprofit organizations care about the issue?
Basic Steps to Help You Organize Your Advocacy ✓ Identify clearly and precisely what you will advocate for, why it matters and who it matters to. ✓ Find your natural allies. There is strength in numbers. Talk with other people who may want to advocate with you: friends, neighbors, colleagues—anyone who may have an interest in the issue. These conversations are also an opportunity for you to educate others, learn from others, refine your advocacy goals and arguments, and recruit others to your cause. ✓ Find out who else is already advocating for the change you want to see made; you may want to join forces. These may be individuals, organizations, or even elected officials. If this information isn’t readily available, don’t worry. You will naturally find these people and organizations in the course of your advocacy. ✓ Decide who you will contact. Which elected officials and public agencies are responsible for the thing you are advocating about? Collect their contact information: phone numbers, email addresses, and postal addresses. ✓ Plan for success. Think of each contact as an opportunity to make progress in your advocacy. How you present your case will have a big impact on how it succeeds. Keep in mind the following points of advocacy etiquette:
5
6
Notes
Advocacy Guide
• Whether you are speaking with the receptionist who answers the phones, writing to the person who schedules meetings, or talking directly with an elected official or agency head, be well-prepared and respectful of that person’s time.
• If you are requesting a meeting, be prepared to state, as briefly and directly as possible, who you want to meet with, the reason for the request, and any necessary details about the time and place (e.g., if the issue is time-sensitive, if you need to meet in a wheelchair accessible location, etc.).
• When you have a meeting, be prepared to present your con- cerns clearly, within the time scheduled.
• Be polite. Leave any frustration or anger you may feel at the door.
• Dress neatly to make a good impression.
• When possible, bring materials with you to leave behind (e.g., a written description of what you are trying to accom- plish, with your contact information on it).
✓ Think through your arguments. What do you believe are the most persuasive arguments for achieving the change you want to see made? These may include legal arguments (a law is being broken), moral arguments (something unfair and/or harmful is happening and must be changed) or progressive arguments (something can and should be made better). Your arguments may well include more than one of these elements. 7
✓ Write it down. This does not have to be long but it is important. You will find it invaluable to write down the issue you want to advocate about, what you want to see changed, and what you believe are the most persuasive arguments for that change. Writing this down clarifies and reinforces this information in your own mind and will serve as a basis for communication with the person or agency you want to persuade. It is something you can return to and refine as you move through your advocacy journey. ✓ Make your initial contact—and coordinate with your allies to do the same. The more contacts an official or agency receives about the same issue in a short time, the greater the attention it is likely to receive. Your contact should end with a clear request or “ask”; this might be a request for an action, for a meeting, for someone to attend an event you are planning, or for a response by a particular date, for example. ✓ Follow up. Follow up is the most important part of any advocacy campaign.
• Each time you reach out about an issue, make a note as to when you will follow up if you do not hear back. If it’s an ini tial contact, that might be one to three weeks later, depending on the type of contact and the urgency of the matter.
• Always follow up if you do not hear back after you have reached out.
• Equally important, always follow up when someone does get back to you. They may have questions you need to answer.
8
Notes
Advocacy Guide
They may invite you to discuss your issue in person or by phone. they may advise you to contact a different person or agency, in which case you should do so, while keeping the person who advised you to do so in the loop. For example, if an agency employee advises you to write to a city council member, mention in the letter the employee who advised you to write, cc them, and send them a copy of the letter or email.
How Should You Communicate?
• If you do have a meeting or conversation, be sure to thank the person for their time, take any follow up steps that were discussed and keep the communication moving forward.
The advantages of email are that it is faster and if you don’t get a response you can forward it later asking for a response, which can be an effective way of nudging someone who has not gotten back to you. For some elected officials, such as members of Congress, postal mail can take up to two weeks to be received because of security measures that the mail is subjected to before opening. On the other hand, mailed letters may make more of an impression than emails.
✓ Keep yourself organized. It’s important to have a record of your advocacy efforts. It’s a good idea to keep a notebook and record every contact you make. If it is a verbal contact, in person or by phone, record the date, who you spoke with, and what was said so that you can refer back to it over time. Keep copies of any letters you mail. And while you can keep emails electronically, you may also want to print them out and keep them in your notebook or in a file.
First-time contacts are best made in writing, because it allows you to make your entire case. It also creates a record of your contact for future reference. Both email and postal mail are good for this—in fact, it’s never a bad idea to use both forms of communication at the same time.
Many elected officials and government agencies require that you communicate through online forms. If you use an online form, keep a copy of what you have written with a note as to the time and date for future reference. You might also want to mail the same information in a letter. In addition, while many elected officials and government agencies no longer make it easy to find email addresses on line, you can still often obtain them by calling the office and asking for a specific person’s email address. You can find the phone number for any public official in the New York Green Book (see the section on finding contact information, below). Office visits can also be a great first contact, because they make an
9
10
Notes
Advocacy Guide impression and you can have a person-to-person conversation. It’s a good idea to bring with you something in writing to leave behind that explains what you are advocating for and how to contact you. Phone calls are sometimes good for following up—although it’s always a good idea to also do this in writing because, again, you are creating a record that you may need later. Phone calls are also the way to go if something is time sensitive. For example, if you know an elected official will be voting that day or week on something you care about, a phone call can be effective because the office staff count these calls and tell the official what they are hearing from constituents. Twitter and Facebook are also good ways to get your message across in these time-sensitive situations if they are tools that you generally use.
Understanding Laws and Government Entities A basic understanding of our laws and government entities will help you figure out how to advocate on any issue that concerns you. Laws People concerned about a particular issue often advocate for the passage of new laws, or the enforcement or overturning of existing laws. For example:
• The Americans with Disabilities Act is an example of a law that was passed because people advocated for its passage.
• When someone files a complaint about disability discrimi- nation with the New York City Commission on Human Rights, they are asking that an existing law that prohibits this discrimination be enforced by the Commission.
• When the U.S. Supreme Court ruled that same-sex couples have the right to marry throughout the United States, they did so by overturning a number of state laws that banned these marriages, finding that those state laws violated a superior law—the U.S. Constitution.
Most laws are created by legislative bodies. Members of Congress (the House and Senate) write and pass federal laws, which are signed or vetoed by the President. When the President vetoes a law (which is rare), it can still be passed if enough members of Congress vote to override the President’s veto. 11
12
Notes
Advocacy Guide When a federal law is passed, federal government agencies write regulations that help carry out and enforce them. For example, after Obamacare (the Affordable Care Act) was passed by Congress, the Department of Health and Human Services created the regulations to allow states, consumers, and health care providers to actually use this new form of health insurance. Just as Congress creates federal laws, members of the New York State Legislature (the State Senate and Assembly) write and pass laws that are in effect statewide (which the governor can sign or veto) and New York City Council members write and pass laws that are in effect citywide (which the mayor can sign or veto). Laws are also made by court rulings, such as in the example above, where the Supreme Court’s ruling established a new law for same-sex marriage. This is called case law.
Disability-Specific Laws There are city, state and federal laws that protect the rights of people with disabilities. These include: 13
• The Americans with Disabilities Act (ADA)—A landmark federal civil rights law prohibiting discrimination against people with disabilities, requiring employers to provide reasonable accommodations to employees with disabilities, and requiring places open to the public to be accessible to people with disabilities. Enforceable by federal, state and local courts and public agencies.
• The New York State Human Rights Law—similar to the ADA, applies throughout New York State, enforceable by New York State Attorney General and New York State Courts, as well as federal courts.
• The New York City Human Rights Law—similar to the ADA, applies throughout New York City, enforceable by the New York City Commission on Human Rights.
• The Fair Housing Act—a federal law spelling out the obligations of landlords to accommodate people with disabilities. Enforceable by federal, state and local courts and public agencies.
• Olmstead v. L.C. (the Olmstead ruling)—a law established by a U.S. Supreme Court ruling mandating that people with disabilities have the right to live in the least restrictive setting possible (i.e., the right to live at home, in the community, rather than be confined in institutions). Enforceable by federal, state and local courts and public agencies. Note that because Olmstead is frequently not enforced in different parts of the country, there is currently a bill pending in Congress, the Disability Integration Act, which, if passed, would support the ruling’s enforcement in every state.
14
Notes
Advocacy Guide Government Entities
Who to Contact & How to Find Contact Information
Government entities include:
Public Officials The most important thing to bear in mind when contacting elected officials or government agency staff is that these people work for the public—that is, you and me! This means that as long as we communicate with them in a reasonable manner about an issue they have influence over, they are obligated, at a minimum, to engage with us.
• Offices to which people are elected by the public (e.g., the President, members of Congress, State Assembly members, City Council members and the like);
• Public agencies headed by people who are appointed by elected officials (like the U.S. Department of Labor, the New York State Department of Motor Vehicles, the New York State Department of Health, or the U.S. Postal Service);
• Quasi-government agencies, which have members appointed by elected officials but operate somewhat inde pendently (like the Metropolitan Transportation Authority or the Port Authority of New York and New Jersey).
Taken together, elected officials, public agencies, and quasi-government agencies have enormous power. The decisions they make, actions they take, and policies they implement touch upon almost every aspect of our lives.
15
If you plan to contact an elected official, you should begin, wherever possible, with one who represents the area where you live. Politicians are most responsive to contact from their constituents—the people who have the power to vote them in and out of office. This might be your city council member, the mayor, state senator or assembly member, or a member of Congress. When you contact them, you should always tell them that you are a constituent. How to find out who represents you
• If you do not have access to a computer, you can find out who represents you at any level of government by calling the League of Women voters, Monday through Friday, from 10 a.m. to 4 p.m. That phone number is 212.725.3541.
• You can find out who represents you in the City Council using this web page: http://on.nyc.gov/2gJcPyR
• You can also call the City Council to obtain this informa tion. That number is: 212.788.7210 16
Notes
Advocacy Guide
• The lookup tool for your New York State senator is here: http://bit.ly/2gVH96U
• You can find your New York Assembly member here: http://bit.ly/1D8jbg8
• Use your zip code to find out who your member in the U.S. House of Representatives (Congress) is on this website: http://bit.ly/2fFU8Me
The easiest way to find out who works on these committees is to ask online. For example, typing or speaking “Who sits on the city council health committee?” into a search engine brings up a webpage with a list of the committee’s members, the chair, and details about committee meetings and hearings, many of which are open to the public.
• At this time, Charles (Chuck) Schumer and Kirstin Gillibrand represent New York in the Senate in Washington.
New York City Government
All elected officials have staff members whose job it is to interact with constituents. These people are called community liaisons. All of the officials who represent you have New York City offices that you can call, email, send a letter to, or visit in person. Senators Schumer and Gillibrand have offices in Manhattan where they and members of their staff meet with constituents; however, this generally requires a pre-arranged appointment. In addition to contacting the person who represents your district— the area where you live—you will want to focus your advocacy on people who have special oversight of the issue you are advocating about. For example, all legislative bodies—like the City Council, NYS Assembly and Senate, and both houses of Congress—have committees that deal with specific issues, such as health, business, taxes, aging, zoning, budget, housing, transportation, etc. So when you plan your advocacy outreach, it’s important to identify the officials who chair and sit on the committee that oversees the issue you are work17
ing on. You may want to contact those officials directly and/or ask the official representing your district to do so on your behalf—or do both.
Many people think of New York City’s 311 service as a place to lodge a complaint—and it is! Every complaint on the 311 line is counted and used to spot problems and help determine where City government should allocate time and money. However, 311 is also a useful hub if you don’t know where to go as it connects you with dozens of agencies. When you use it to complain about a pothole on your street, for instance, trained operators will route your call to the department best able to solve your problem. 311 is available by phone and online (http://on.nyc.gov/1axmiLd). If you have a smartphone, you can use the service by downloading the free NYC311 app. If you already have a good idea of which agency you want to contact, there is a list of every City agency with a link to each agency’s website online at http://on.nyc.gov/1clArxm Even more useful, the New York Green Book has phone numbers for every elected official and key staff in every New York City and State 18
Notes
Advocacy Guide agency. You can find the New York Green Book online through a search engine or at this web address http:// on.nyc.gov/1Zs6Jjg
New York’s Great Public Libraries New York City’s free public libraries are a fantastic resource for advocates. They have computers that anyone can use for free—and free classes if you need to learn how to use them. The librarians who work in the public libraries know how to research just about any question and they are happy to share their knowledge. And there’s a library in every New York City neighborhood.
311 and City agency websites can be helpful for resolving routine complaints. However, if you have a problem with an agency not responding properly or not doing its job, you will want to directly call or write to the head of that agency. In this case you may also want to approach your City Council Member or your local Community Board, because they can reach out directly to agency leaders on your behalf. In addition, the Office of the Public Advocate is charged with assisting members of the public with issues related to the accountability of any New York City office or agency. The phone number and email address for the office of the public advocate are 212.669.7250 and
[email protected]. New York City has 59 Community Boards, which are the most local branch of City government. Community Boards are designed to give neighborhood residents a say in government decisions that affect the areas where they live. One of the most important issues the boards review is local land use or zoning, which affects how development 19
is allowed to take place. The boards also work with City agencies to get area residents’ needs for city services met, and they have a role in determining City budget priorities. Community Board meetings are held monthly and are open to the public. If you want to advocate about an issue in your neighborhood, your community board is a great place to begin. Community Boards are made up of people who live or work in the neighborhoods they represent. If you are interested in joining your local Community Board, contact your borough president’s office, which reviews applications and appoints members, by calling 311 or going to http:// on.nyc.gov/1ePGQTs. State and Federal Government Depending on the issue, you are advocating about, you will likely want to contact your state or federal elected representatives. You can also contact state and federal agencies directly. However, the elected officials who represent you should be your first point of contact because they are more likely to be responsive and they, in turn, can use their positon to reach out to relevant agencies on your behalf. Some issues will require advocacy at different levels of government. For example:
• There are city, state and federal laws and agencies that govern, regulate and fund transportation (e.g., the MTA, a quasi-government state agency run by people appointed primarily by the governor, is responsible for subways, buses, and Access-a-Ride) but the City Department of 20
Notes
Advocacy Guide
Transportation has the major say in determining streetscape features like curb cuts, speed bumps, potholes, bike lanes and traffic lights.
• Consumer Directed Care is a state program created under federal law and paid for with a mixture of state and federal dollars. • There are federal, state and city laws regarding discrimina tion against people with disabilities. • Federal, state and city laws and regulations all have a role in determining whether new housing construction is accessible.
Organizations like the Legal Aid Society, the Civil Liberties Union, New York Lawyers for the Public Interest, the Center for Constitutional Law, and the Brennan Center for Justice are just a few of the many nonprofit organization that file lawsuits and promote the passage of new laws to protect and expand important rights, and which are also excellent sources of free legal information.
Litigation Since the nation’s founding, litigation has been an important tool for establishing and enforcing rights. For example, the right of people with disabilities to receive state-funded services in the community, rather than be forced to live in institutions, was established by the Olmstead lawsuit, which was decided by the U.S. Supreme Court in 1999. Today, Congress is considering passing a new law, the Community Integration Act, which would strengthen the Olmstead ruling by making it illegal for states and insurance providers that pay for long-term services and supports to fail to provide them in the community by using waiting lists, screening people out, capping services, paying workers too little for services, or using other tactics to keep people with disabilities confined in institutions.
21
22
Notes
Advocacy Guide Disability-Specific Issues If you plan to advocate on a disability-specific issue you should be aware of the following: → As of June, 2016, every New York City agency is required by New York City law to have a disability service facilitator. The job of the facilitator is to serve as the agency’s primary contact for people with disabilities and help coordinate whatever services they need. They are also charged with ensuring that people with disabilities can fully access services and have effective ways to communicate with the agency. More information about these facilities is available on the ICS website in the blog post for December 1, 2016. → The New York City Commission on Human Rights investigates and works to resolve complaints about disability-related discrimination in housing, employment, access to public accommodations, denial of services and other areas. In 2015 disability discrimination complaints received by the Commission topped complaints about race and gender bias. More information is available on the ICS blog post for February 18, 2016 regarding what the Commission does and how to make a complaint if you believe you have been discriminated against because of your disability. The post, which is on the ICS website, was written by ICS Chief Operating Officer Regina Estela, who is a member of the Commission. → The Mayor’s Office for People with Disabilities is a good resource for information about disability-related assistance and programs. They also published a report for the first time in 2016 regarding the quality of life of New Yorkers with disabilities, which is available on their website. 23
The ICS Member Civics League is a group that educates and supports New Yorkers with disabilities and their allies in becoming advocates around any issue that concerns them. The group is a welcoming community that includes ICS members and non-members. The Civics League furthers the ICS mission of helping our members and other people with disabilities and chronic health conditions to live as independently as possible, and be fully integrated in community life. You can learn more about our mission at www.icsny.org ICS does not take sides in partisan politics or urge our members to do so. We encourage members of the Civics League to share ideas, tools, information and questions about how to effectively advocate for social change.
1.800.ICS.2525
[email protected] www.icsny.org Independence Care System is a nonprofit organization dedicated to supporting senior adults and adults with physical disabilities and chronic conditions to live at home and participate fully in community life.
Notes
