Quandary of Dynamic Diffusion

I’ve been thinking for a long time about the phenomenological space between being seen and the art of being seen. Like Foucault I believe that our smallest gestures are both performed by us and of us. People with disabilities must traverse this acculturated labyrinth with a good deal of emotional intelligence or what we like to call comic irony in the English Department.

But what interests me as I get older is the space between performing an identity and the pre-disposed cultural script, for that’s a vast space, like the distance between wearing your first pair of shoes and putting on your old man slippers. What I mean is that there’s a revery or imaginative dynamic to standing or rolling in the world that’s not sufficiently identified by performance theories no matter what we say. I think the poetics of disability is still in its infancy, but the point is clear that diversity, especially physical or neurological diversity holds enormous promise for the cultural imagination and for the imaginer. Our friend Anne Finger has written brilliantly about the tight and rich fusion between embodied strangenesses and imaginative opportunity and I urge you to read all her work but especially her recent short stories.

Sometimes when I talk about the poetics of disability people think I’m romanticizing disablement, thereby reinscribing compensatory metaphors of giftedness but this is not what I’m suggesting at all. Instead I mean to say that the conditions of diffused mentation that physical difference manifests makes possible the kinds of rich, lyric points of imagination–a circumstance that many people with disabilities know quite well.

A fine arts program that extends and explores the imaginations of physical differences is a dream I continue to hold to.

Just some thoughts on a day of high wind here in Iowa City.

S.K.

From Our Friends at Ohio State

Remember Disability Rights In April
Protests and civil disobedience forced the signing of Section 504’s implementing regulations 34 years ago this month

On September 25th of 1973 President Nixon signed Section 504 of the Rehabilitation Act. In D.C. the Department of Health Education and Welfare began writing the regulations to ensure that the civil rights objectives of Section 504 could be enforced.

On April 5, 1977, thousands of “the disabled” converged on Department of Health, Education and Welfare offices around the country to demand that the equal rights legislation Congress had passed 5 years earlier be implemented. In San Francisco they took over the HEW Office and started what became the longest sit-in occupation of a federal building in U.S. history

At 7:30 A.M. on April 28, 1977 they celebrated victory. The rules implementing Section 504 were signed by HEW Secretary Joseph A. Califano. Section 504 of the Rehabilitation Act of 1973 is a civil-rights provision. It does not provide funding for any programs or activities; rather, it is a requirement that accompanies federal funding to organizations such as schools and universities. Any organization that receives federal funds – for any purpose – must comply with section 504. Section 504 laid the ground work for the American’s With Disabilities Act of 1990 which established broad civil rights protections for individuals with disabilities. Between 1990 and 2008 the courts narrowed the protections of the ADA. Congress responded by passing the ADA Amendments Act Clarifying its intent that the ADA extend Section 504’s Federal fund dependent protections as broad civil rights for individuals with disabilities. In the past few months we have seen new regulations covering employment, commerce, public programs and government services

Justice William J. Brennan said that with Section 504

“Congress acknowledged that society’s accumulated myths and fears about disability and disease are as handicapping as are the physical limitations that flow from actual impairment.” Arline v. Nassau County, 1987

“The San Francisco 504 sit-in did not succeed because of a brilliant strategy by a few disability leaders. It succeeded because the Deaf people set up a communication system from the 4th floor windows inside the building to the plaza down below; because the Black Panther Party brought a hot dinner to all 150 participants every single night; because people from community organizing backgrounds taught us how to make collaborative decisions; because friends came and washed our hair in the janitor’s closet sink. The people doing disability rights work in the 1970s rarely agreed on policies, or even on approaches. The successes came because people viewed each other as invaluable resources working towards a common goal.” (Corbett Joan O’Toole, Ragged Edge Online October 19, 2005)

Resources
A Look Back at ‘Section 504’: San Francisco Sit-In a Defining Moment
http://www.npr.org/programs/wesun/features/2002/504/

The 25 Day Siege That Brought Us 504
http://www.independentliving.org/docs4/ervin1986.html
The Section 504 rules: More to the story
http://www.ragged-edge-mag.com/0102/0102ft6.html

A History: Disability at Ohio State
http://digitalunion.osu.edu/r2/summer06/kmetz/index.html

Disability Studies At OSU
http://disabiltystudies.osu.edu/

Supreme Court To Decide If Church School Must Follow ADA Employment Rules

Supreme Court To Decide If Church School Must Follow ADA Employment Rules
(Associated Press)
March 30, 2011

WASHINGTON, DC– [Excerpt] The Supreme Court will decide whether a teacher at a church-run school is a religious or secular worker when it comes to the Americans with Disabilities Act.

The high court on Monday agreed to hear an appeal from Hosanna-Tabor Evangelical Lutheran Church and School of Redford, Mich.

Cheryl Perich, a teacher and commissioned minister, got sick in 2004 but tried to return to work from disability leave despite being diagnosed with narcolepsy.

The school said she couldn’t return because they had hired a substitute for that year. They fired her after she showed up anyway and threatened to sue to get her job back.

Perich complained to the Equal Employment Opportunity Commission, which sued the church.

The church wanted the case thrown out. Courts have recognized a “ministerial exception” to the ADA which prevents government involvement in the employee-employer relationship between churches and ministerial employees.

Entire article:
Supreme Court to decide Redford case: Is teacher at church school a religious or secular worker?
http://www.InclusionDaily.com/news/2011/red/0330e.htm

Excerpt from Inclusion Daily.