Morning Notes

 

 

 

“Call me,” says the goldfinch, and I call. 

No one notices. I think I can get away with it.

I talk like a bird. He ignores me. We have created a religion. 

 

**

I trace the veins of the oak leaf that has fallen beside me.

“What an amateur you are,” I think. “What a jester, falling alone in the raspberry bushes.” 

 

**

 

Think of D.H. Lawrence:

And the larch that is only a column, it goes up too tall to see:

and the balsam-pines that are blue with the grey-blue blueness of

     things from the sea,

and the young copper beech, its leaves red-rosy at the ends

how still they are together, they stand so still

in the thunder air, all strangers to one another

as the green grass glows upwards, strangers in the silent garden.

 

 

 

 

National Federation of the Blind Releases Analysis of Section 511

 

 

Former DOJ Official Says Proposal is “Stunning Step Backward,”
Undermines Olmstead

 

Baltimore, Maryland (August 14, 2013): The National Federation of the Blind today released a legal analysis prepared at the organization’s request by Samuel R. Bagenstos, Professor of Law at the University of Michigan Law School and former Principal Deputy Assistant Attorney General for Civil Rights at the United States Department of Justice, regarding the proposed Section 511 of Title V of the Rehabilitation Act included in the Workforce Investment Act reauthorization bill.  The report, entitled “Section 511 is Not a Step Forward,” concludes that the provision “entrenches sheltered workshops and the subminimum wage—and for the first time recognizes them as acceptable under the rights provisions of the Rehabilitation Act, our Nation’s first disability rights law.  This is a stunning step backwards.”

 

Dr. Marc Maurer, President of the National Federation of the Blind, said: “Professor Bagenstos’s trenchant analysis confirms our conviction that Section 511 will not prevent young people from being tracked into subminimum-wage employment.  Worse yet, as this analysis shows, Section 511 will actually undermine efforts to enforce the integration mandate of the Americans with Disabilities Act, with respect to employment, through the landmark Supreme Court case of Olmstead v. L.C.  At a time when the Department of Justice is seeking to prevent the segregation and exploitation of Americans with disabilities in sheltered, subminimum-wage employment, Section 511 would make such employment part of the Rehabilitation Act, the nation’s first disability rights law.  The National Federation of the Blind and our partners are fighting to have this harmful provision removed from the proposed Workforce Investment Act.  We call upon all Americans who are concerned about the future for young people and other Americans with disabilities to join us in this fight.” 

 

The Workforce Investment Act (S. 1356) was recently reported favorably by the Senate Committee on Health, Education, Labor and Pensions. 

 

 

something we can miss

leaves shaded green for morning

paths for both hands

the gift of smoke, echoes in rooms

 

sometimes our eyes were bitter

when birds had flown away


–after the Finnish of Niilo Rauhala


 

 

What's on the Menu? The Manhattan Service Dog Blues

  

If you’re like me and you travel with a guide dog you learn a lot about discrimination. Over the last twenty years I’ve been barred from entering restaurants and book stores, riding in taxis and even boarding a jet liner because untrained service personnel either didn’t know what a guide dog was, or they just didn’t care. The indignities I’ve experienced are common among people with disabilities who rely on professionally trained dogs to help them walk, cross streets, open doors, resist falling, or prevent seizures.

 

The article by Tara Palmeri in today’s New York Post entitled “Liars Use Phony Vests and ID Tags to Get Fake Service Dogs Into Posh New York Restaurants” is one of the most willfully underhanded pieces about disability I’ve ever seen in a newspaper–and I should add I’m a veteran of the sixties. I’ve seen and heard some big league untruths in my time. Palmeri (who is convinced fake service animals and phony disabilities are a scourge) has found her metier–inflaming the public by insisting there are ersatz cripples everywhere. 

 

Ms. Palmeri isn’t sophisticated but she’s onto something: stories about sham cripples have always sparked the public nerve. The first commercial movies in the United States were often about men who pretended to be blind or paralyzed until the cops arrived. Then they were suddenly cured and in grand comic fashion they ran like hell.  What’s especially interesting about those films is they were written and produced in an age marked by “the ugly laws” which forbade real disabled people from appearing on the streets. Palmeri writes about a complex issue pretending to knowledge but like those early films, the presentation is a trick. Real people with disabilities are being treated to a serious disservice by the Post. 

 

I have no doubt there are people smuggling their golden retrievers onto airplanes by claiming old “Tucker” or “Sparky” is a service dog. But I’ll wager my future false teeth there are fewer people doing this than, say, swiping handicapped parking spaces–and the latter not just occasionally, but every minute every day. 

 

Of course you can’t legislate morality. But the “L” word is in fact the real issue for the New York Post which has always hated the Americans with Disabilities Act. Restaurants and businesses all across the country hate the ADA–but especially in Manhattan where there’s been more hand wringing and whinging about installing accessible toilets and ramps than in most other cities. Opposition to the ADA in New York has blossomed greatly under the successive administrations of Giuliani and Bloomberg.    

 

What really bothers the post is the very existence of the ADA. One way to inveigle the public (which generally likes the law) is to trot out the old movie trick. “Did you know, Mavis, there are fake cripples bringing their filthy pet poodles into Le Cirque?” Under the ADA people with disabilities are not required to produce papers or certificates proving they have a disability or proving their service dog is real. Why? (Ms. Palmeri presents this freedom from paper as an even greater scandal than the salmon swallowing poodle she’s managed to smuggle into a restaurant.) The answer of course is that the ADA is a civil rights law. It guarantees people with disabilities the right to go anywhere the general public goes. If I leave my house to visit the drug store I don’t have to produce a document saying what my disability is, or what my dog has been trained to do. This is called decency in some quarters. 

 

Palmeri plays at street theater. She brings untrained dogs into eateries, lets them behave badly and posits the idea that this is terribly unfair to everyone. And its all because of that damned disability act. 

 

What the Post doesn’t tell you is this: service dogs are not guaranteed access to public spaces or restaurants. If they behave badly you can ask the owner to leave.    

 

A service dog is not a pet. Its training encompasses both the realities of disability assistance and public manners. Guide dogs are allowed everywhere by law and part of the reason is they’re impeccable guests in all public spaces.   

 

You would never guess any of this from reading Ms. Palmeri’s prose. Dishonest? You bet.


Related post: http://badcripple.blogspot.com/2013/08/tara-palmeri-on-service-dogs-misleading.html