I Just Lost My Civil Rights Thanks to the GOP

Yesterday, February 15, 2018 the U.S. House of Representatives voted 225-192 to gut the Americans with Disabilities Act.   The bill known as “The ADA Education and Reform Act, or H.R. 620” is designed, so its proponents argue, to prevent frivolous “drive-by lawsuits” brought by lawyers who see inaccessible businesses and want to capitalize on the problem. The bill requires those filing against businesses for violating the ADA to first give business owners 60 days to describe how they’ll fix the problem. Then they have another 120 days to implement the changes. Sounds reasonable right? But the bill is actually designed to make the problem of lawsuits go away and does not put any onus on businesses to actually make changes.

As the Consortium for Citizens with Disabilities correctly notes: “H.R. 620 would create significant obstacles for people with disabilities to enforce their rights under Title III of the Americans with Disabilities Act (ADA) to access public accommodations, and would impede their ability to engage in daily activities and participate in the mainstream of society. Rather, the burden of protecting the right to access a public place is shifted to the person with the disability, who first has to be denied access; then must determine that violations of the law have occurred; then must provide the business with specific notice of which provisions of the law were violated and when; and finally, the aggrieved person with the disability must afford the business a lengthy period to correct the problem.”

The “lengthy period” is a red herring as the bill’s supporters know. Again from the Consortium for Citizens with Disabilities: “We know of no other law that outlaws discrimination but permits entities to discriminate with impunity until victims experience that discrimination and educate the entities perpetrating it about their obligations not to discriminate. Such a regime is absurd, and would make people with disabilities second-class citizens.”

As of this morning my civil rights and the rights of over 50 million Americans are now in jeopardy. Like thousands in the disability community I’ve watched with growing alarm as a well organized largely Republican lead coalition both in state and federal government has moved aggressively to weaken or even eliminate the rights of the disabled. Betsy DeVos has instructed the Department of Education to look the other way when matters of equal access for students with disabilities are on the table. Congress and the Trump administration are cutting Medicate.

These are outrageous developments.

Imagine this scenario if you are not disabled. One day you decide to go to a commonplace establishment. A popular eatery or coffee joint. When you get there the owner says, “Well, I don’t like serving  people with cartoon character tee shirts.” Then he adds: “Mickey Mouse violates my decor. And I don’t have time or resources to change my decor” You’re turned away.

Do you think this analogy is fatuous? I admit it seems ludicrous. But the principle is the same. The shop owner has made a decision, rather consciously, that there’s a type of customer he doesn’t want. Rather than admit his prejudice he complains that resolving the issue will likely cost him plenty. He tells you to go away.

Imagine that you then had to explain through lengthy filings why your rights were violated. Then further imagine that the owner has almost unlimited opportunities to do nothing.

How does that grab you?

Stephen Kuusisto and HarleyABOUT: Stephen Kuusisto is the author of the memoirs Have Dog, Will Travel; Planet of the Blind (a New York Times “Notable Book of the Year”); and Eavesdropping: A Memoir of Blindness and Listening and of the poetry collections Only Bread, Only Light and Letters to Borges. A graduate of the Iowa Writer’s Workshop and a Fulbright Scholar, he has taught at the University of Iowa, Hobart and William Smith Colleges, and Ohio State University. He currently teaches at Syracuse University where he holds a University Professorship in Disability Studies. He is a frequent speaker in the US and abroad. His website is StephenKuusisto.com.

Have Dog, Will Travel: A Poet’s Journey is now available for pre-order:
Amazon
Barnes and Noble
IndieBound.org

Have Dog, Will Travel by Stephen Kuusisto

(Photo picturing the cover of Stephen Kuusisto’s new memoir “Have Dog, Will Travel” along with his former guide dogs Nira (top) and Corky, bottom.) Bottom photo by Marion Ettlinger 

No to H.R. 620, No to the GOP, Defend the Disabled!

Some days are hard to bear—you’re a single mom and rent is due. You don’t know where that money is coming from. Child care is hit or miss. Your children are sick and what meagre health insurance you have is being depleted by politicians who imagine poverty is a moral weakness.

There’s a lot of “moral weakness” going around these days in the United States. If you listen to GOP senators, and house representatives you hear that the lame, the halt, the poorest among us are undeserving of public help. There’s something wrong with them, according to the right wing narrative. They’re lazy. Feckless.

The disabled are part of this objectified collection of wanton souls. We’re costly. What with our needs for ramps and Braille and breathing tubes. What with our claims on health care. It’s hard to escape the lingering horror of Adolf Hitler’s dictum that the disabled are just “useless eaters.” The aggressive, rightward tilt of the GOP leans toward the wholesale elimination of Medicaid and deep cuts in medicare. This isn’t some kine of fiction—fake news—the GOP is working overtime to make sure the elderly, the poor, and the disabled have no supports to help them live. Pro-life party indeed.

Right now the GOP is pushing in the house a bill (H.R. 620) which is the product of long standing and relentless lobbying by organizations like the Better Business Bureau, and which is designed to eliminate the capacity of the disabled and their allies to sue businesses for willfully ignoring the accessibility provisions in the Americans with Disabilities Act. Here are some basic bullet points that have been shared nationally by The Disability Rights Education and Defense Fund.

HR 620 will eliminate the need for businesses to be accessible until a complaint is received; there will be no need to make a business accessible until someone complains; that will mean many groups building new buildings, renovating buildings, opening new businesses will not make their services accessible

HR 620 shifts the burden of accessibility from those who offer services to the person with a disability; no other group needs to prove their right to access to publicly offered services

We should not be gutting the rights of people with disabilities; if there is a problem, we should be limiting the actions of a small number of lawyers who are bad actors

HR 620 will take away the civil rights of people with disabilities; would we ever think about eliminating the rights of any other group of Americans? This is disgraceful.

You can read more about H.R. 620 and the cover language the GOP is using to confuse the public about the bill here:

https://dredf.org/wp-content/uploads/2017/08/myths-and-truths-about-the-ada-education-and-reform-act.pdf

**

What does it mean when a nation decides that the most vulnerable of its citizens should be stripped of their rights to participate in civic society? What’s the deep text underscoring predates of the weak?

The answer lies in right wing melodrama. Like the Third Reich, today’s Republicans have a scarcity narrative which is predicated on the idea that Mom and Pop America won’t get what’s due them if we take care of these obviously non-productive people. That we’ve come down to this just 28 years after the wholly bi-partisan adoption of the ADA is both horrifying and quite telling. Not long ago I was at an event in Washington, DC where former U.S. Senator Bob Dole, a wounded veteran, who championed the ADA said openly, “Today I fear that law could never pass on Capitol Hill.”

Please, if you’re reading this, call your local U.S. Representative and say “No!” to H.R. 620.

Stephen Kuusisto and HarleyABOUT: Stephen Kuusisto is the author of the memoirs Have Dog, Will Travel; Planet of the Blind (a New York Times “Notable Book of the Year”); and Eavesdropping: A Memoir of Blindness and Listening and of the poetry collections Only Bread, Only Light and Letters to Borges. A graduate of the Iowa Writer’s Workshop and a Fulbright Scholar, he has taught at the University of Iowa, Hobart and William Smith Colleges, and Ohio State University. He currently teaches at Syracuse University where he holds a University Professorship in Disability Studies. He is a frequent speaker in the US and abroad. His website is StephenKuusisto.com.

Have Dog, Will Travel: A Poet’s Journey is now available for pre-order:
Amazon
Barnes and Noble
IndieBound.org

 

The ADA is Under Attack

The ADA is under attack.  Next week, the House will be voting on a bill, H.R. 620 that would undermine the protections of the ADA and take away the rights of people with disabilities.  Please call your Representative and ask them to #VoteNo and #ProtectTheADA

Here are talking points:
·         HR 620 will take away the civil rights of people with disabilities

·         It will make people with disabilities wait for up to 180 days for services that other people have immediate access to

·         The wait may be even longer than 180 days because a business that is making “substantial progress” toward fixing a problem can take even longer than 180 days

·         HR 620 will eliminate the need for businesses to be accessible until a complaint is received; there will be no need to make a business accessible until someone complains; that will mean many groups building new buildings, renovating buildings, opening new businesses will not make their services accessible

·         HR 620 shifts the burden of accessibility from those who offer services to the person with a disability; no other group needs to prove their right to access to publically offered services

·         We should not be gutting the rights of people with disabilities; if there is a problem, we should be limiting the actions of a small number of lawyers who are bad actors

·         HR 620 will take away the civil rights of people with disabilities; would we ever think about eliminating the rights of any other group of Americans? This is disgraceful.

And here is a fact sheet from our colleagues at Disability Rights Education and Defense Fund (DREDF) about the myths and realities of this bill.

Stephen Kuusisto and HarleyABOUT: Stephen Kuusisto is the author of the memoirs Have Dog, Will Travel; Planet of the Blind (a New York Times “Notable Book of the Year”); and Eavesdropping: A Memoir of Blindness and Listening and of the poetry collections Only Bread, Only Light and Letters to Borges. A graduate of the Iowa Writer’s Workshop and a Fulbright Scholar, he has taught at the University of Iowa, Hobart and William Smith Colleges, and Ohio State University. He currently teaches at Syracuse University where he holds a University Professorship in Disability Studies. He is a frequent speaker in the US and abroad. His website is StephenKuusisto.com.

Dogs, Hats, and Faith

As the new year dawns I’m doing my best—that is, I’m drinking coffee. And since I went to bed last night at 9:30 (at the insistence of a small dog who thought it was the right thing when the outside temperature was 5 degrees Fahrenheit) well because of this I’m wide awake sans hangover.

To be fair the dog didn’t make me go to bed. It’s good to distrust people who say dogs make them do anything other than feeding them and taking them outside. I went to bed early because it seemed like a good idea.

I’ve been taking antidepressants for over twenty years. They help me stay “in the game” but they also make me tired at night and that’s just the way it is. By taking Celexa I live on dog time. Early to bed, early to rise. I’m Ben Franklin with pills and dogs.

What are dogs and antidepressants for? I imagine they’re about hope. Even facing the aborning year which cannot be promising, what with the looting of the planet, corporatized warfare, slavish and corrupt politicians of every stripe, human trafficking, the new slavery, which is old slavery tied to offshore banking—I’ll stop in a moment—even with the assault on the poor, the infirm—here I am again tossing my moth eaten chapeau onto a fountain of hope knowing one of my two dogs will retrieve it.

Dogs teach us to put our wet hats on again.

They teach us to avoid rising to the level of our expectations, but fall to the level of our training, as Archilochus would have it and which I’ve always taken to mean “get on with it brother.”

The wet hat has some toothmarks.

Lots of people sneer at hope. It is for one thing akin to faith and nothing gets kicked more often than faith, even the faithful do it.

I agree with Maxine Hong Kingston: “In a time of destruction, create something.”

Dogs say wet hats are better than no hats.

Dogs say you can indeed get there from here.

Dogs say even wearing that hat you’re not as bad as you appear.

Or they say, well, you might be as bad as you appear—so throw your hat again and we’ll bring it back. You can try for a new look.

A hat damp with hope is still a hat.

A damp hat is expectation halved, still wearable.

The hat your dog brings means you have a plan.

My Guide Dog is Dreaming

Her name is Caitlyn and she’s a yellow Labrador. Ten minutes ago she was eating her breakfast and now, curled on her bed, she’s talking in her sleep. It’s winter and very cold in Syracuse, New York and my canine pal has managed to take sustenance and go back to sleep in record time. 

Dogs found us thirty thousand years ago. One theory about this is that they coveted our midden heaps and then they stuck around. I won’t argue for or against this, save to say it’s possible dogs believed we were interesting and they liked us better than we liked ourselves. In turn they helped us hunt and stave off intruders. 

A dog dreaming by the fire is an ancient matter. A dog dreaming is a sign of love between us. Simple to say but most people don’t understand this. 

Love has many expressions. 

“Now” in the Disability Dictionary….

Now is faux past prologue, an advertisement so false even your pineal gland knows it. Now is the most favored word in capitalism. Worse of course is the expression “now and then” which implies a stricture on tomorrow, governed by nothing as “now” has little predictive value. “Right now,” say the tyrants, “things couldn’t be any better.” Now says global warming isn’t real. Now says the poor are imprisoned and they’re meant to be so. Now, in America, is shorthand for “there isn’t any future unless you’re already in the now club.” We used to say a salubrious person was “in the know” but, well, you get my drift.

In disability circles there’s no future planned beyond this: your tomorrows are being erased in the halls of Congress. After health care and social security are gutted will they bring back the ugly laws? Will they lock up the disabled in ruined shopping malls?

This morning I found myself thinking of Aristophanes who I read assiduously in college. Here he is:

“Look at the orators in our republics; as long as they are poor, both state and people can only praise their uprightness; but once they are fattened on the public funds, they conceive a hatred for justice, plan intrigues against the people and attack the democracy.”

Now wants what it has to stay always. The plan is to take down future democracy always.

 

George Will and Yale’s Indians

There’s nothing like the prospect of overreaching do-gooders in higher education to stir the dormant juices of conservative pundits. In today’s Washington Post one finds George F. Will’s starchy prose condemning liberal insensibility at Yale University: “Yale Saves Fragile Students from a Carving of a Musket”–a bromide that’s so nearly insensible I wonder about Will’s civic future as it’s obvious he’s forgoing the potential value and goodness of human beings.

Will is incensed that administrators at Yale are concerned about the placement of an altogether remnant and ugly bas relief on the facade of Sterling Memorial Library. In truth it’s a hideous thing, a carving of a thick lipped Indian and a gnashing pilgrim, each clutching their cliched weapon—a bow and arrow and a musket. Make no mistake, they’re in combat, and no love is lost in this stupid, rebarbative vignette. George Will thinks it’s art, or at least, something to be cherished. You wouldn’t know that when the carving was made the curriculum at Yale (and elsewhere) centered on “the white man’s burden” and featured a heaping helping of Social Darwinism. Will cannot imagine that this mise en abyme has an untoward semiotic history. He’s chosen to read discomfort with the stone cartoon as a pean to the contemporary (perceived) coddling of emotionally needy college students, a link that’s about as sensible as saying wolves often dress up as grandmothers and this is why union wages are declining.

Poor Yale students! Poor babies! They can’t take a racist carving! Look! They require campus counseling services because they have mental illnesses! What weaklings! How permissive college administrators are! Will offer us the usual suspects—permissive parents, dewy eyed faculty, and a general decline in our nation’s moral fiber. You’d never know that the sculpture in question is actually quite despicable.

Detestable or ignominious art always lacks scruple and nuance. It’s purpose is to cement common opinion. Both the left and the right can create repellent art. I’d like Will better if he simply said: “Ugly art ye will always have with ye, and get over it.” That might be a defensible position but of course we know who’s paying for Will’s lunch and it’s not the art historians. The basic conservative tenet is this: “racism’s in the past, get over it. They’re just statues, dude.”

Trouble is (as theologian John Lamb Lash puts it) “You can die from kitsch. And we’re close to it.”  And you can certainly die on Native American reservations where healthcare is third rate and poverty is numbingly omnipresent. And images depicting old race wars are provably malign.

No. In Will’s stifling mental pup tent the problem is today’s students have permissive mommies.