Reporting from a Thicket of Yellow Roses: Supporting People with Disabilities in the Public Square

I will be speaking on Friday at the annual conference of the New York State Association of Community and Residential Agencies. 

Here is what I plan to say: 

One night many many years ago I went out and lay down in a thicket of yellow roses. The roses were in the garden of the Prado museum in Madrid. I lay among the flowers on an ordinary day, a day of overcast sun and businessmen hurrying and tall balcony windows shuttered and the streets with creeping taxi cabs. 

I had gone alone to the museum because my Spanish friend could not come with me. I was too blind to see the paintings very easily. How do I explain this? Why would a person with an occluding disability undertake a solo hunt to the world of paintings? Here are some answers, offered in no particular order of importance:

•  I wanted to see paintings–up close I might have an experience of Goya.

•I thought there might be some kind of tour guide who could describe things.

•I imagined that my passion for life would be equalled by the world: a utopian position that all persons with disabilities must maintain. 

The more I think about it it’s answer number three that motivated me. I thought that my desire for an inclusive life would in turn open the world before me. And I still get up every day imagining this. 

The Prado museum didn’t have any special accommodations for visually impaired people. So I began walking around. How simple that sentence is! I began walking.  

But there were thick ropes in front of the famous canvases. And sinister guards. And I walked from one gallery to another seeing nothing of the art. I saw beautiful mud colored walls and little high intensity lights and then I found myself trailing a group of American tourists who were being led by a woman tour guide. Frankly I felt like a man who had been walking down a mountain on a dirt road. And after great solitude  I’d found my people.  The tour guide was explaining something about Velasquez. How he used perspective–I don’t remember any more.

What I do remember is the overt cruelty of the woman tour guide who, seeing me trailing her group, chose to confront me by saying, in effect, that I was not part of her group and I should immediately get lost. 

I ran from the museum and found my way to the circle of yellow roses and I wept. I cried because I was tired; because I had a disability for which I had only the most apologetic language; cried because I had no allies–my host in Spain had no time for my disability, he was tightly wound and fighting his own battles. And this is what I’m getting at: disability is always and I mean always a problem of imagination. How will I live? How will I belong? What will I do? Who will accompany me? Who will wait on the slope and cheer me on? 

We are the people who stand on the slope and cheer. That is why we are here today. We’re  here because there are lives in the balance.  

Again here are some thoughts in no discernible order:

• People with disabilities, especially invisible ones–need self-affirming language. No language, no dignity.

• In tough economic times, we must, as professionals, do everything in our power to express and reaffirm the unbreakable connection between disability rights and all civil rights.  

•  Borrow from the disability rights movement: nothing about us without us. We must sit at as many tables as possible. The dignity of our friends, clients, and allies must not be compromised through the passive acceptance or adoption of mediated language.   

The latter is incredibly important. When politicians hold the lives of people with disabilities in the balance there is room for the extravagant misapplication of social language. 

When President Obama recently called the GOP budget plan "Social Darwinism" I think he told the truth. People with disabilities, the elderly, the very poor rely on Social Security Disability benefits, Medicare, and Medicaid, and by "rely" I mean to say (and let's be clear) these programs keep people alive. 

I can testify in this matter: in the 1990's I spent two full years entirely unemployed. I owe my life, quite literally, to Social Security Disability payments, Section 8 housing vouchers, and Food Stamps. I was able, with luck and persistence, to find a job and return to the tax rolls. I owe a good deal to the very social programs that Paul Ryan is aiming to eliminate. I've also more than paid back what those programs spent on me over the past two decades of successful employment. But I digress. 

The idea that the sick and weak are not the obligation of the strong is one part of the historical misapplication of Darwin's theory of evolution, but the meaner aspect of this is the idea that the vulnerable in a society destroy that society. Forget that our military industrial expenditures are the greatest government welfare scheme in all of human history, forget that the perpetual warfare state has destroyed our nation's infrastructure, our schools, our freedoms–it's the poor who are doing the most damage to this country, didn't you know? 

The dishonesty of the Ryan plan comes from its repositioning of the social safety net away from Washington and into the hands of the states–it sounds reasonable until you discern that the states (already broke) can take the diminished block grant money from DC and use it any way they like. This is not sophistry on my part. The Ryan plan would really unplug Grandma. Really. And in light of this the president told the truth. The truth will out.

Here’s some recent news:

 

From the Concord Monitor:

"The federal Department of Justice has joined a class-action lawsuit that accuses the state of cutting community mental health services and instead needlessly institutionalizing people at the state hospital and at a home for the elderly.

The lawsuit was brought in federal court in February by the Disabilities Rights Center against Gov. John Lynch and state Health and Human Services officials. It alleges the state has repeatedly violated the Americans with Disabilities Act by exiling the mentally ill rather than treating them in their own communities.

In announcing the decision to join the case, John Kacavas, U.S. attorney for the District of New Hampshire, said the state responds to people in mental crisis by forcing them to spend days at local emergency rooms until they can be brought to the state hospital, sometimes by the police."

 


(New York Times)
March 28, 2012

ALBANY, NEW YORK– [Excerpt provided by Inclusion Daily Express] Nearly 300,000 disabled and mentally ill New Yorkers face a "needless risk of harm" because of conflicting regulations, a lack of oversight and even disagreements over what constitutes abuse, according to a draft state report obtained by The New York Times.

In 2010, the number of abuse accusations at large institutions overseen by the State Office for People With Developmental Disabilities outnumbered the beds in those facilities — a sign of trouble in buildings where many of the state's most vulnerable residents are housed, and where the state has repeatedly had trouble with abusive employees and unexplained injuries and deaths among residents, according to the report.

The report was commissioned by Gov. Andrew M. Cuomo in response to a Times investigation last year into problems of abuse, neglect and fraud in state homes and institutions for the developmentally disabled. A draft of the report began circulating in October, but has not yet been released to the public; people frustrated by the delay separately provided to The Times an executive summary and a bound copy drafted in December.

Problems were found at all six state agencies that provide residential service to children and adults with an array of disabilities, mental illnesses or other issues that qualify them to receive specialized care by the state.

According to the report, a regulatory maze has complicated and in some cases constrained the state's response to claims of abuse. At one agency, the police are summoned if "there is reason to believe that a crime has been committed," while another agency does so only if a potential felony has been committed. A third agency turns to law enforcement only if a local district attorney has "indicated a prior interest," the report said.

Entire article:
People in state care hurt by abuse, neglect

http://tinyurl.com/ide0328121a
Related:
Jonathan's Law and Oswald D. Heck Developmental Center (Inclusion Daily Express Archives)

http://www.inclusiondaily.com/news/institutions/ny/odheck.htm

 

 

**

 

Are disability lives not worth living? The long history of "abled" voices has said, and continues to say "no"–a "no" that has been complicated by pre-natal testing and divisive political rhetoric about the nature of what a qualified life really is. In 2005 the Terri Schiavo case demonstrated to disability rights activists that when it comes to protecting disability life, conservatives had more empathy and courage than neo-liberal Democrats (with the notable exception of the Rev. Jesse Jackson).

The very idea that a disabled life is not a life at all depends both on the medical appropriation of curative utility (life with illness only possesses value in relation to its amelioration) and simple metaphor (disability understood as a ruined identity, see Erving Goffman). The dichotomies of spoiled identity have a long history on both sides of the Atlantic–eugenics, forced sterilizations, the "ugly laws", institutionalization, and the Nazi "T4" mass murder of adults and children with disabilities. The pattern is one of distillation: disability, (post industrial revolution) is broadly conceived–has been conceived as economically unviable, hence lacking all capacity for the pursuit of happiness in the world of econo-biography.

The darker version of this is the resentment of social welfare (Hitler famously depicted people with disabilities as "useless eaters"). The utilitarian (Benthamite) position (Peter Singer) holds that the greater good of society must trump the needs of a minority in pain–"good" is understood as the potential for achieving pleasure. The Benthamite pleasure principle subborns life to economic life and forgoes the question of what constitutes individual autonomy when imagined outside of industrial labor. In turn it's the right of the majority class, the "duty" of the majority class to debate the probable happiness potential and index of the minority. Many disability rights activists and scholars have pointed out the inevitable connection of Jeremy Bentham's ideas (and Singer's fealty to same) as the foundational principles of Nazism. There is truth to this because eugenics was driven by the principles of Bentham.)

The 21st century extension of disability as a cathexis of the utilitarian body and the medical model of physicality (that abnormality only has value in relation to its likelihood of cure) is now intensified by pre-natal testing. Mr. Singer would counsel parents to abort a fetus if it's future birth would result in a child without arms and legs. In his view that child would have no likelihood of happiness and (more sinister of course) such a child would impede the greater happiness of society. Singer is no scholar of economies of scale or of their pre-history. The idea that a legless man might be a great singer or poet demands an appreciation of proto-industrial village life: the majority history of human kind. But enough of Singer.

A friend wrote me recently. She's a young writer and a new mother of a little girl with a disability. She wrote because she's experienced the insensitivity of her academic colleagues and friends who have opined that they couldn't imagine raising a child with an intellectual or developmental disability. My friend has been shocked by the thuggish candor of these remarks. And by turn of the imaginative poverty of the conceptualization of a challenged life as no life at all. This is the marriage of utilitarian philosophy (absorbed through capitalism's ubiquitous social rhetoric) and the medical model of disability which holds that physical difference without the prospect of cure is not worth enduring. We are living in creepy and reactionary times. And though I've been a life long liberal, I applauded the efforts of former Florida governor Jeb Bush to save the unimaginable life of Terri Schiavo. I've never felt any ambiguity about that. Perhaps my lifetime of nearly incomprehensible difficulty to live and stand among the able bodied has given me a strange capacity for steepened joy. Not an easy joy. Not a hot rod, drive your car fast joy, It's the joy of living beautifully in the solitudes of challenge–something your average doctor or utilitarian philosopher can't imagine because they don't understand the vitality of pain.

 

So clearly part of our job is to help those who work in the public sphere and who have no experience of disability understand the vitality of lives that are lived in what I’m calling “the vitality of pain” because the phrase reflects rather accurately what all life is. 

Another part of our job is to make strong connections with groups and organizations that are leveraging the legislated rights of people with disabilities by insisting that states and municipalities live up to the Americans with Disabilities Act. The New Hampshire story above and recent developments in New York State offer some examples but there are more. 

The Justice Department’s recent comprehensive settlement agreement with the Commonwealth of Virginia resolved problems in the state’s system for serving people with developmental disabilities, including intellectual disabilities, and further resolved violations of the Americans with Disabilities Act (ADA). 

Under the ADA and the Supreme Court’s landmark decision in Olmstead v. L.C., individuals with disabilities have the right to receive services in the most integrated settings appropriate to their needs. The ADA and Olmstead require states to provide people with disabilities the opportunity to live and receive services in the community instead of in institutions.  

It’s clear that with sufficient stamina, persistence, and networking we can fight for the rights of people with disabilities. It is right to remember the words of Jim Ferris, a poet who often writes about disability from the experience of having a disability. He says:

 

We are not signs,

we do not live in spite of

or because of facts,

we live with them, around them, among

 

Among. If you are looking for a one word slogan that’s it. 

 

 

 

 

Spokane Police Chief Admits The Department Made Mistakes In Otto Zehm Case

(Spokesman-Review) April 13, 2012

SPOKANE, WASHINGTON– [Excerpt provided by Inclusion Daily Express] For the first time, a high-ranking Spokane police official has publicly acknowledged that the department made troubling mistakes while investigating the 2006 confrontation that killed Otto Zehm.

Interim Chief Scott Stephens, who in 2006 was in charge of the detectives assigned to the investigation, also acknowledged his “concern” that at the time Assistant City Attorney Rocky Treppiedi had greater access to the investigation than he did. Mayor David Condon, who took over City Hall in January, put an end to that kind of unfettered access to criminal investigations by city attorneys, Stephens said.

Stephens’ comments marked the most candid acknowledgment yet from police leadership that the department recognizes the problems exposed by the Zehm case and understands the community’s anger that it took an FBI investigation to uncover them.

Zehm, a 36-year-old mentally-ill janitor, died two days after the March 18, 2006, encounter in a north Spokane convenience store after being mistakenly suspected of having stolen money from an ATM. He was beaten, shocked with a Taser and hog-tied by police. The first officer on the scene, Karl F. Thompson Jr., was convicted in November in federal court of using excessive force and lying to investigators.

Entire article: Otto Zehm case: Police chief says ‘mistakes made’ http://tinyurl.com/ide0413121a Related: Are we finally accountable? (Spokesman-Review) http://tinyurl.com/ide0413121b Video clip: Interim Police Chief admits mistakes in Otto Zehm case (KREM) http://tinyurl.com/ide0413121c Otto Zehm: Spokane Man Died After Scuffle With Police (Inclusion Daily Express Archives) http://www.inclusiondaily.com/news/crime/wa/zehm.htm

National Arts Advocacy Day

Today, hundreds of dedicated arts supporters from across the country have come together in Washington, DC for National Arts Advocacy Day, a united effort to tell Capitol Hill how important culture is to our communities, how much arts education means to our children, and how much the arts improve our daily lives. 87 National CoSponsors have helped us shape this united arts message to Congress. The 25th annual Arts Advocacy Day is organized by Americans for the Arts and is presented this year in partnership with Ovation, the only muti-platform network celebrating all forms of artistic expression.

Arts Advocacy Day begins with a Kickoff event at the U.S. House of Representatives.  We are very pleased that Americans for the Arts President & CEO Robert Lynch will be joined by several other national leaders in the arts, including Alec BaldwinHill HarperNigel LythgoeBen FoldsClay WalkerTiffani ThiessenPierre DulaineMelina Kanakaredes,Omar Benson Miller, and Jonathan Schaech.
Even if you’re not able to join us in Washington, you can still participate in Arts Advocacy Day by asking your Members of Congress to support the arts. Visit our E-Advocacy Center, and you’ll be able to send a message in less than two minutes directly to your Representative and Senators telling them why the arts are important to you and your community. We urge you to send your message to Congress today to coincide with our office visits to the  Hill.
 
Need more information? Browse the 2012 Congressional Arts Handbook for issue briefs, voting records, latest arts research and trends,  relevant Congressional committees, and Congressional contact lists.
 
On Twitter? Follow @Americans4Arts and track all the action in Washington, DC at#AAD12!
 
Help us continue this important work by becoming an official member of the Arts Action Fund.  If you are not already a member play your part by joining the Arts Action Fund today – it's free and simple.

 

Adaptation

By Andrea Scarpino

The salesman in the Levi’s store brought pair after pair of jeans for me to try, stood next to me in front of the mirror demonstrating what he was looking for in each jean’s fit. But he wore sunglasses inside the store, big, trendy frames—a little too cool, I thought. I thought I didn’t quite trust him. And then the overhead lights caught his sunglasses at just the right angle and I could see that behind them, his eyes were profoundly crossed. And I realized the sunglasses were an adaptation to disability. He wasn’t trying to be too cool. He was fitting in, surviving.

Then, a man at the vet who held the leash of an enormous Great Dane. I tried to catch the man’s eye—I wanted to pet his dog—but he wouldn’t look at me, wouldn’t look up from the ground. And then I heard him sob. In the veterinarian’s wide-open waiting room, he wept into his dog’s neck. Then, a technician came, explained something about a catheter, injections. And then she led the dog away.

It’s mid April and in Marquette, sleet all morning, snow blowing sideways towards the lake, collecting in the bright yellow forsythia. I’ve been having trouble sleeping, lie awake in the night for hours. I feel foggy headed, a heaviness. And I’ve come to realize it must be the hormones I’m taking to regulate my hormones (if that makes any sense). The drug’s website lists sleep changes and depression as worrisome side effects.

I like to be a good patient. I like to do what doctors tell me. So I call my doctor, list my side effects to two different nurses who promise to call me back. But one is clear the doctor probably will recommend continuing the medication. “People usually sleep better with this level of estrogen,” she says. And, “we like to have three full months before we make any decisions with hormonal medication.” And then she doesn’t call back.

I had been clear with my doctors that I didn’t want hormonal intervention, that I had tried them all before and they had all failed. It’s true that I haven’t had any pain—a wonderful, glorious thing—but it’s also true that this medication is making it difficult to work, to concentrate. I agreed to it only because the doctors seemed to understand my reluctance. We made a compromise—I will try this one last time if I can stop as soon as it doesn’t work. I’ve been struggling to sleep for a month.

At dinner, Zac asked who gets to decide what’s working and what isn’t, who decides when there are “too many” side effects? I thought of my Levi’s salesman, how he had found his own adaptation. I thought of the man in the vet’s office, how his enormous dog leaned against him as the man wept. I thought of the snow falling outside, how the forsythia shines through the ice. I’m not sure how these moments are connected except that they are, except that they helped me understand: I’m the one who gets to decide.

So I stopped the medication. Now I must rely 100% on diet and mindfulness. I must trust my body to adapt. I must trust myself to help along that adaptation. It’s a scary prospect—no one else responsible but me. Going against doctors’ orders—and Mayo Clinic doctors at that. But I think it’s the right step. And I’m very much looking forward to sleep. 

 

Andrea Scarpino is a frequent contributor to POTB. She is a poet and essayist and contrarian who lives in Marquette, Michigan. 

Essay: Disability in the Sub Rosa World

Do you ever talk to beggars with disabilities? I do. In Madrid a blind woman outside a church told me about Franco. Guess what? He ate children. And judging by the size of his tomb he ate lots of them.

My academic friends say, “Why do you talk to them?” They’re in a hurry and want to get to Starbucks.

“You can’t theorize everything,” I say, “not everything…”

NYTimes: Disabilities Act Used by Lawyers in Flood of Suits

Suit by suit, the lawyers are forcing this tough and intensely pedestrian city, so resistant to change, to meet standards for accessibility that are more than 20 years old.

From The New York Times:

Disabilities Act Used by Lawyers in Flood of Suits

Some lawyers are finding businesses in New York City where there are violations of the Americans With Disabilities Act, then finding disabled plaintiffs to develop suits.

Stephen Kuusisto
Director
The Renee Crown University Honors Program
University Professor
Syracuse University

TNR for iPad: Einer Elhauge: If Health Insurance Mandates Are Unconstitutional, Why Did the Founding Fathers Back Them?

“The founding fathers, it turns out, passed several mandates of their own. In 1790, the very first Congress—which incidentally included 20 framers—passed a law that included a mandate: namely, a requirement that ship owners buy medical insurance for their seamen. This law was then signed by another framer: President George Washington. That’s right, the father of our country had no difficulty imposing a health insurance mandate.”

Stephen Kuusisto
Director
The Renee Crown University Honors Program
University Professor
Syracuse University

Secret Agenda of Romney Campaign: Get Rid of All the Poor People

For full story:
What does it mean to be brutally poor in America? Don’t ask the Romney campaign. In secret they are imagining the most radical cuts to the social safety net in this nation’s history. One shouldn’t imagine that Mitt is just another neo-liberal. He’s as heartless as Paul Ryan, and worse, he’s more ambitious. If Democrats stay home this fall we wil get a national government that’s directed to put the weakest citizens in the streets.

NYTimes: A Veteran’s Death, the Nation’s Shame

From The New York Times:

OP-ED COLUMNIST: A Veteran’s Death, the Nation’s Shame

For returning soldiers, home has been deadlier than the battlefield. Some say the V.A. isn’t doing enough to help.

Stephen Kuusisto
Director
The Renee Crown University Honors Program
University Professor
Syracuse University