Category Archives: news

“There’s a suggestion that you were rolling towards the police in your wheelchair”: BBC Interviews Jody McIntyre About His Assault By London Metropolitan Police Officers

I would like you to take a moment to imagine the look on my face when I realised that the BBC interviewer in the following clip (transcript below) actually asked Jody McIntyre, a 20 year old man who uses a wheelchair and has cerebral palsy, whether or not the fact that Jody is a “revolutionary” is reason enough for the police to have assaulted him twice during the London riots last week. The following interview is full of similar gems, including a rather pointed “appear to show” what the actual footage shows.

I want to salute Joey for his calm yet firm responses throughout the interview.

BBC Jody McIntyre interview

[This is an interview conducted by an unidentified male BBC reporter Ben Brown with Jody McIntyre, a man with Cerebral Palsy who was pulled by police officers from his wheelchair during the recent protests against tuition fee increases in the UK. There is repeated footage of McIntyre being pulled from his chair, which was being pushed by his brother. The footage shows multiple London police officers pulling McIntyre from his chair and dragging him across the pavement and away from his brother and his chair while outraged bystanders shout in horror at what they’re seeing. The clip shown is a cleaned up and enhanced version of the clip that went up on YouTube – the original is full of a lot of cursing and screaming from bystanders which has been edited out by the BBC.]

Interviewer: Pictures of a disabled man being dragged from his wheelchair by police officers during the protests in London over the tuition fees have emerged online. Now these pictures appear to show Jody McIntyre, 20 year old fiscal activist and blogger who suffers from cerebral palsy being pulled out of his wheelchair and dragged across the road to the pavement. While the Metropolitan Police have released this statement on that incident, saying

In connection with the incident shown on YouTube of of a tuition fees protestor in a wheelchair the Metropolitan Police confirm that the man involved, Jody McIntyre, has not launched an official complaint. The issue has been referred by the Metropolitan Police to the Directorate of Professional Standards and the Met Police say they will contact Jody McIntyre directly.

That is the statement from the police that we’ve received, and we can speak to Jody McIntyre now whose in our Westminster Studio.

Interviewer: Good evening to you.

Jody (JM): Good Evening.

Interviewer: Could you just explain what happened to you?

JM: Well, during the demonstration I was attacked by and pulled out of my wheelchair by the police on two occasions. The footage you have just shown is of a second incident. One of the police men who had dragged me down the road in the first incident obviously recognized me, came running over, pushed me out of my wheelchair on to the road, and then dragged me across the road.

Interviewer: The police say you haven’t made any kind of complaint, so why not?

JM: I haven’t made a complaint yet but I’m in contact with a lawyer and I will be doing so.

Interviewer: It’s been a few days since this happened. Why haven’t you complained before?

JM: Because I wanted to consider my options before taking that step.

Interviewer: There’s a suggestion that you were rolling towards the police in your wheelchair. Is that true?

JM: I think justifying a police officer pulling a disabled person out of a wheelchair and dragging them across a concrete road is quite ridiculous and I’m surprised that you’ve just tried to do so.

Interview: So that’s not true, you were not wheeling yourself towards the police.

JM: Well I can’t physically use my wheelchair myself. My brother was pushing me. I think it’s quite obvious from the footage that I was 100% not a threat to anyone.

Interviewer: In the Observer newspaper you were described as a cyber radical and you were quoted as saying you want to build a revolutionary movement and that can only happen through direct action on the streets. Do you classify yourself as a revolutionary? [Anna: I think this is the article he’s referring to]

JM: I don’t classifying myself as anything but I think we all have a right to fight against what the government are trying to do. They’re trying to tier education system whereby only the rich will be able to afford it. That is something that I think we should all be fighting against.

Interviewer: Now the police have said that they have referred this incident to the Directorate of Professional Standards… what’s your reaction to that?

JM: I don’t have a reaction to that but I will be making a complaint in the near future. I would say that it’s very important not to see this as an isolated incident. This is the police’s role at demonstrations. To incite and provoke violence. They’ve done it in the past and they’re continuing to do it now. I am not the real victim here. The real victims are the students, like Alfie Meadows, who is in hospital within an inch of his life after a policeman struck him on the head with a truncheon and he needed emergency brain surgery. Now imagine if it was Prince Charles, or Camilla, or a police officer who had been within an inch of their life.

Interviewer: But I have to say, I was in Parliament Square covering that demonstration and I saw protesters throwing lumps of rock at the police, throwing missiles, various missiles, at the police. Were you throwing anything at all at the police that day?

JM: I wasn’t throwing anything at the police during that day or during any [unclear] But what is clear is that the media are trying to distract the public from the real issue, which is the cuts that the government are making.

Interviewer: Were you harmed in any way in that incident with the police?

JM: Not in that … incident, in the incident that’s being shown. There was also another incident around 45 minutes earlier when a police officer struck me with a baton and yes that did cause some injury.

Interviewer: And why then, do you think– Are you saying the police picked on your twice. Why do you think they did?

JM: I have no idea. I mean, to make one suggestion, I think in the second incident at least, I think there’s a clear element of trying to provoke protesters into violence. Personally, I see myself as equal to anyone else, but I do understand that I could be perceived as more vulnerable, so I think there was an element of trying to provoke violence from others.

Interviewer: Did you shout anything provocative or throw anything that would have induced the police to do that to you?

JM: Do you really think a person with Cerebral Palsy in a wheelchair can pose a threat to a police officer who is armed with weapons?

Interviewer: But you do say that you’re a revolutionary.

JM: That’s a word, it’s not a physical action that I’ve taken against the police officers, a word that you’re quoting from a website. I’m asking you: do you think I could have in any way posed a physical threat from the seat of my wheelchair to an army of police officers armed with weapons? This whole line of argument is absolutely ludicrous because you’re blaming the victims of violence for that violence. In fact, it reminds me a lot of the way the BBC report on the Palestinian conflict–

Interviewer: When are you going to make your compalint to the police?

JM: I will be making my complaint very shortly, in the near future.

Interviewer: Okay, Jody McIntyre, thanks very much for your time, thanks for talking to us this evening.

JM: Thank you.

Further Reading: Jody McIntyre’s blog, Life on Wheels

[ETA: Thanks to various people for letting me know the interviewer is Ben Brown.]

Howard Hyde Inquiry Ignores Ableism As Cause of Death

Note: This post discusses police violence against people with mental health conditions.

The results of the Hyde Inquiry were released on Wednesday.

Some things about the Hyde Inquiry, since I don’t think it’s been widely covered outside of Nova Scotia. I wrote this summary several months ago:

Howard Hyde had a diagnosis of schizophrenia. The treatments he was on were making him sick, so he stopped taking them. He became violent.

His wife called the mobile mental health team – a project in Halifax that will go to you rather than you needing to go to them. She then called 9-1-1.

Two days later, he was dead in police custody, having been tasered.

Various things went horribly wrong. Among them were -and continue to be – the police’s inability to deal with people who have schizophrenia, amongst other mental health related conditions.

What they should have done was taken him to the hospital. Which they did, for a bit, and then left, returning him to lock-up.

His wife had tried to contact them and make sure that he was okay, and that they were aware that he had schizophrenia.

“I really wanted him to be in the hospital and get the treatment he needed for psychosis,” she said.

He had been taken to hospital for assessment, and the hospital staff requested that he be returned to the hospital after his arraignment hearing. He was not.

Parts of the surveillance tape of the tasering itself are “missing”.

“Hyde began struggling when officers tried to cut the string from his shorts. Though images were not caught on tape, surveillance audio recorded sound of the scuffle. Edwards can be heard saying “Howard, sit down.” Fellow Const. Greg McCormack is then argued to have said “You’re going to be doing the f***ing dance next, Howard,” although his voice is muffled.

It was also revealed that more than 30 minutes of footage of Hyde in a cell waiting to be booked has gone missing.”

I’ve since learned that what was actually said to Howard as the police officers approached him with a knife:

A surveillance camera captured the moment when an officer told Hyde a utility knife would be used to remove a knot from the drawstring in Hyde’s shorts, saying: “I just have to cut off one of those balls there.”

Anyway, as I said, the results were back. After 11 months of looking into the death of a man who police were called to help, we’ve all been told that Howard’s murder was an “accident” and it had nothing to do with his mental health condition.

“The only useful approach is to understand that Mr. Hyde died because of physiological changes in his body brought on by an intense struggle involving restraint,” Derrick wrote. “He did not die because he was mentally ill.”

I suppose this is technically correct. Howard’s death was not because he was mentally ill, his death was because the police were ill-equipped to deal with someone having a mental health crisis. I don’t have statistics about the number of men having mental health crises that are murdered by police officers every year, but I do know that I can’t go a whole month without at least one report, and it’s an issue that the Chief Justice of the Supreme Court of Canada feels needs to be addressed.

I think it is naive to state that Howard wasn’t murdered because of his diagnosis. I think it ignores a frightening history of people with mental health conditions being murdered by police officers. I think it ignores that the criminal justice system is not equipped to effectively deal with people with mental health conditions. I think it ignores that there are limited resources available for people with mental health conditions and their families to get the help they need to cope with crisis situations.

I think it completely ignores the fact that Howard’s wife called the police for help, and two days later he was dead.

So yes, Howard Hyde isn’t dead because he had schizophrenia. He’s dead because ableism kills.

Record of the Dead

Trigger Warning for discussion of abuse and murder of people with disabilities.

This list of September media reports about people with disabilities murdered or dying under strange circumstances is presented without commentary, but that doesn’t mean that there’s nothing people may want to discuss about it in comments. I do not believe for a moment that this list is complete. It is sorted alphabetically by last name. Almost all links are to news reports.

Joseph Abdo, 68, multiple sclerosis, Castleton Corners, NY. Died in a house fire.

Shah Amin, 19, “intellectually disabled”, Marsiling, Singapore, September 26. Found strangled in his hotel room after the body of his father was found in a nearby park.

Leosha Barnett, 17, epilepsy and undefined mental disabilities, Fort Worth, Texas, May 21. Starved by her mother and sister.

Deborah Boudreaux, 60, cerebral palsy, Houston, Texas. Strangled in her bed. 2 people have been charged, one of whom lived in the same building.

Jeffrey Bishop, 53, undefined physical disabilities, Louisville, Kentucky, sometime in the first week of September. Strangled by roommates/care-givers, who left his body in the basement so they could collect his disability cheques. [Indictment]

Kimberly “Kimmie” Daily, 16, developmentally disabled, Puyallup, Washington, August 17. Raped and murdered. A neighbour is charged in her death.

Jennifer Daugherty, 30, “mentally disabled”, rural Pennsylvania, February. Tortured to death by “friends”, one of whom wants charges dropped.

Payton Ettinger, 4, “mental and physical disabilities”, Greensburg, Indiana, May 17. Malnutrition and dehydration. He weighed 12 pounds at his death.

Earl Handy Jr, 39, Deaf, Conroe, Texas, September 24. Found dead in his cell from suicide. [He was in isolation to protect him because he was Deaf]

Ernie Hernandez, Jr., 37, “mentally disabled”, Modesto, California , August 14. Stabbed to death.

Gerren Isgrigg, 6, unstated “severe medical issues”, Wylie, Texas, April 15. Left exposed in a wooded area by his primary caregiver, his grandmother, he died two days later. “She felt like she was being punished by having to take care of the child.”

Albert David Jenkins Jr, 53, undefined disablities, Mobile, Alabama, May 2008. Shot in the back 7 times; the shooter plead guilty.

Reyal Jensen Jardine-Douglas, 25, undefined mental illness, Toronto, Ontario, August 29. Shot by police called by family for assistance.

Frederick Jones, early 20s, “outpatient care”, Kansas City, Kansas, September 3. Fatally shot at a gas station, died in hospital.

David Lauberts, 50, “developmentally disabled”, Greeley, Colorado, September 2009. His brother pleaded “no contest” to charges of criminally negligent homicide. Cause of death included “active caretaker neglect”.

Teresa Lewis, 41, “She’s not mentally retarded, but she is very, very close to it”, Jarrat, Virginia, September 23. Lethal injection.

Tia McShane, age at death unknown (would now be 11), cerebral palsy, Pensacola, Florida, remains found September 30. “A disabled child’s remains appear to have been found in a Pensacola storage unit, bringing a heartbreaking end to a month long search for a girl whose absence raised no alarm for years.”

Darren O’Connor, 19, partially paralyzed, South Tyneside, UK, July 7. He was discovered with breathing difficulties while in police custody and died in hospital.

Jeremy Price, 18, “had an IQ at the level of mental retardation” and had escaped from a mental health facility, Mattapan, Massachusetts, September 6. Shot by police officers.

Richard Roy, Down Syndrome, St. Jude, Quebec, sometime before September 6. Starved to death after his brother and caretaker died. [More details]

Rylan Rochester, 6 months, “thought to be autistic”, Boulder, Colorado, June 1. Smothered by his mother.

David Skelly, 53, “learning difficulties”, Liverpool, England, September 14. Punched to death by an unknown assailant.

Rohit Singh, 7, “physically challenged”, Bathinda, Punjab. Hammered to death by his father.

Regina Wynn, 87, Alzheimer’s, Richmond, Virginia, Early September. Abuse and Neglect, she died in hospital with bruises on her chest, abdomen, arms, hands and on the front of her head.

John T. Williams, 50, deaf in one ear, arthritic, Ditidaht member of the Nuu-chah-nulth First Nations of Canada’s Vancouver Island, living in Seattle. Shot four times in the chest by police officers. [Hundreds Protest police shooting of Native American Carver, Here is a petition you can sign]

Two unnamed men, 87 and 83, “wheelchair bound” and “senile dementia”, Madrid, Spain, September 18. Died after being left in a hot van for 11 hours.

The Canadian Government Is Going To Court So They Don’t Have To Make Web Content Accessible To Screen Readers

[Content Note: Not all of the links I have included in this piece have comments, but many of them do, and those comments are basically full of “Stupid disabled people wasting everyone’s time and energy by wanting the world to treat them like human beings” comments.]

If you’ve been following Canadian politics this week, you could very easily come away with the impression that the most significant – or perhaps even the only – thing going on with this week’s opening of the Federal Parliament was the Gun Registry Vote.

That there’s a federal court Charter challenge brought forth by Donna Jodhan arguing that blind Canadians are being discriminated against by the Federal Government for refusing to make their website content accessible to screen readers is not really getting a lot of attention. (Cripples these days! It’s like they don’t sell papers/make page views.)

A little bit of background information first. Canada has a Charter of Rights and Freedoms, which went into effect in 1982 and is the Thing against which laws and the like must be “tested” in order to be considered actually legal in Canada. To give some lovely controversial rulings, the reason Canada has no abortion law is because it was found to violate the Charter’s guarantee to security of the person (and no law has since been passed) and it was found that refusing to include “homosexuals” in protections against discrimination violated Section 15, or the right to Equal Protection Before the Law, even though sexual orientation wasn’t included in Section 15.

Section 15 is the important one here:

15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Now, I Am Not A Lawyer, and it’s been about 10 years since I studied the Charter, so I’m going to leave that out there and not discuss my personal interpretations because they don’t matter. What matters is two things: 1) What the court says and 2) That the Federal Government is arguing that they shouldn’t have to be accessible to screen readers in court.

The latter is, of course, being read as Jodhan wasting tax payers money in a frivolous lawsuit, not the Federal Government for refusing to have accessible content.

From what I can tell, this is what’s going on: In 2004, Jodhan attempted to apply for government jobs online. However, the site wasn’t set up to allow screen-readers to access the site, so she was unable to do so. In 2006, she attempted to fill her Census out online, and again, the federal government website was not accessible to her screen reader.

On Tuesday [September 21], Jodhan will argue in federal court that her inability to apply for a position on the federal jobs website or complete the online version of the 2006 Census breached her equality rights under the Canadian Charter of Rights and Freedoms.

She will also argue that this violation and her ongoing inability to access the government’s online information and services constitute a breach against all blind and partially sighted Canadians, said Jodhan’s lawyer David Baker.

About 3 million Canadians have visual or other impairments that make it difficult to access the Internet.

The Federal Government is, in turn, is responding with “What, you think you should have a right to access the same information that everyone else can? Ha ha! Ha ha!”:

Internet access to government services and information is not a right guaranteed in law, the government says in its written submission to the court.

“Alternative channels available did allow (Jodhan) to access services and information independently, in a manner that respected her privacy and dignity,” it says.

With more than 120 government departments and agencies and more than 23 million web pages, “it is unlikely that the government’s web presence will ever be perfectly accessible to all,” it adds.

Frankly, if the Federal Government doesn’t think that their websites provide information in a timely fashion, and that access to that information isn’t something that they should prioritize, why are they bothering with them in the first place? And if they do think it’s important, why are they in essence arguing that “It’s important for most people, but not for the three million Canadians who won’t be able to access it?”

I support Donna Jodhan’s fight for equality of access to information for all Canadians. I hope you do, too. If so, I strongly encourage you to email your Member of Parliament and let them know. Perhaps if enough of us contact the government and let them know we value accessibility for Canadians with disabilities, they’ll start acting like we shouldn’t have to go to court just to get it.

This is the email I sent to my MP, who happens to be Megan Leslie, and cc:ed to the leader of the NDP. Please feel free to adapt it to send to your own MP. (This should give you their email address.)

Dear Megan,

I recently learned of Donna Jodhan’s Federal Court case, arguing that the Canadian Government must provide screen-reader accessible content on their websites, as reported in the Toronto Star (http://www.thestar.com/news/gta/article/863379–blind-woman-says-federal-websites-discriminate-against-the-visually-impaired) and the CBC (http://www.cbc.ca/technology/story/2010/09/18/to-blind-accessible-feds.html) In light both Section 15 of the Charter of Rights and Freedoms, and Canada’s recent signing of the Declaration of Rights of Disabled Persons, I’m appalled that the Federal Government would waste tax payers’ dollars in arguing that 3 million Canadians should not have the ability to access government services online or apply for government jobs online.

In this day and age, it’s ridiculous for the government to argue that access to the internet is not necessary. According to the Toronto Star, government lawyers are arguing “Internet access to government services and information is not a right guaranteed in law”. While I agree that this is technically true, in refusing to provide this access, the government is arguing that blind and visually impaired Canadians should have less access to government services and information than Canadians who are sighted.

Megan, every day it is clearer to me how many societal barriers are put in place that prevent people with disabilities in Canada from full participation. The time and energy the federal government is frivolously spending in defending their lack of web accessibility could be far better put to use in bringing the government’s websites up to the same standards as those in other countries, standards that are reasonable to expect in the 21st Century.

This is such an important issue, and I hope that the NDP will work to bring awareness of it to Canadians, and encourage the federal government to stop fighting against people with disabilities, but fighting for them.

Thank you,

Anna P.
cc: Jack Layton

In The News: Toronto StarUPICBCGlobe & Mail

ADAPT Protests partially lock-down White House! Media Yawns, Changes Subject

I spent most of my weekend pretty much glued to Twitter following ADAPT’s latest action in Washington, DC and wondering where the media was, especially after a huge group of wheelchair users blockaded one of the White House gates and 16 people were arrested. I actually thought that the White House security arresting a group of people with disabilities would surely be the sort of thing that the media would pick up on.

Foolish me! Just like with the Arnieville protests that s.e. wrote about last week, the media is basically ignoring this four-day-long protest in Washington in favour of more important things. Despite repeated hunts by me and several other people, the only mention of the protest, “partial White House lockdown”, arrests, and march is this CNN report, which only quotes White House staff and the ADAPT webpage. Apparently CNN couldn’t even find someone from ADAPT to quote directly. (Also, the photos of the event that ADAPT have posted make it clear that CNN’s report is factually inaccurate.)

[If you would like to read NationalADAPT’s tweets, a good place to start is their September 18th tweet, and just keep going from there. Their timeline includes a variety of photos taken of the event, and also will point you towards other tweeters that were there.]

ADAPT has been protesting at the White House at least once a year (sometimes twice a year) since 1997, and has been holding protests in other cities across the US for 25 years. The focus of their protests for the last 11 years has been the Olmstead Decision and the Community Choice Act.

Eleven years ago, in the Olmstead decision, the Supreme Court said that Americans with disabilities have the right to live in the most integrated setting. Yet today, states are responding to budget shortfalls by drastically cutting home and community-based services. These draconian cuts are forcing seniors and people with disabilities into nursing facilities and other institutional settings because they don’t have the services they need to remain independent.

On Sunday, ADAPT held a funeral, complete with casket, to both mourn and bring attention to the number of people with disabilities who have died in nursing homes around the country while fighting to get out of them. Monday involved marching directly on the White House. While CNN reports that 9 people handcuffed themselves to the White House gates, the ADAPT photos and Reports make it clear that far more than 9 people were involved in this action.

The Park Police had closed the sidewalk and street in front of the White House around 10 in the morning as ADAPT approached. When the police used an SUV to block ADAPT and the sidewalk, the bulk of ADAPT charged into the intersection of 15th and G Streets stopping traffic completely. The police had believed they had successfully stopped the line of activists when suddenly all the traffic was stopped and the intersection was packed with activists.

“The people they thought were meek or expendable,” said Jennifer McPhail about the police force, “were the people who had taken their power.”

While ADAPT’s actions continue today across Washington, DC, members who are required to attend court this morning after being arrested have been illegally challenged at the court to produce documentation for their service animals, and need to bring attention to ADA violations to the very people one would expect to be enforcing the ADA.

When a local Washington paper was challenged on their decision not to report anything about the ADAPT protests, their response was first that they don’t cover national protests and then, when it was pointed out this was also a local protest, that it was a matter of debate, and there were protests every day in DC. Other media sources haven’t responded to questions about their lack of coverage.

I do understand this, to a point. Certainly I’ve attended protests that have received very little media coverage, and most of that in either local papers or in grass roots news organizations. However, at what point do we start to seriously question why multi-day – or, in the case of Arnieville, multi-week – protests by people with disabilities are getting ignored? The ADAPT actions have decades of history, and touch on issues that are hot-button topics in the US right now, such as health care, funding for social programs, and the standard of living.

And yet, still, despite everything: we protest, and are ignored.

John Stossel Wants YOU! To Be Afraid of the ADA

Not being from the US, I had this idea in my head that the Americans with Disabilities Act (ADA) must be awesome. I mean, come on! It’s been 20 years now! Ramps to every building, disability friendly policies, accessible washrooms in every hotel lobby! I get all starry-eyed just thinking about it.

People with disabilities who have actually been in the US are probably either rolling their eyes or giggling at my naivety.

In the last few weeks, I’ve read about airlines being fined for not following the ADA, despite repeated complaints from customers that they hadn’t been, continuing issues with post-secondary education, online content, and accessibility for students who are blind or otherwise vision-impaired (no mention of blind or visually impaired teachers) and students needing to sue in order to get attention to the fact that the new content delivery system was not accessible to them (again, no mention of blind or visually impaired teachers), the Attorney General of Massachusetts needing to step in to demand movie theater chains provide accessible content in all their theaters… The list goes on, while “advocates” tell people with disabilities not to sue because it upsets the non-disabled when they do.

And maybe those “advocates” have a point. Because even though one can find example after example after example of law suits – threatened or actually carried out – before businesses, universities, and even government offices will follow the ADA and “allow” people with disabilities the “rights” they’re guaranteed in the US, some folks still feel the need to produce opinion pieces claiming these lawsuits are frivolous and that the people who take them on are parasites (Content Warning: John Stossel).

Under the ADA, Olson notes, fairness does not mean treating disabled people the same as non-disabled people. Rather it means accommodating them. In other words, the law requires that people be treated unequally.

The law has also unleashed a landslide of lawsuits by “professional litigants” who file a hundred suits at a time. Disabled people visit businesses to look for violations, but instead of simply asking that a violation be corrected, they partner with lawyers who (legally) extort settlement money from the businesses.

Some disabled people have benefited from changes effected by the ADA, but the costs are rarely accounted for. If a small business has to lay off an employee to afford the added expense of accommodating the disabled, is that a good thing — especially if, say, customers in wheelchairs are rare? Extra-wide bathroom stalls that reduce the overall number of toilets are only some of the unaccounted-for costs of the ADA. And since ADA modification requirements are triggered by renovation, the law could actually discourage businesses from making needed renovations as a way of avoiding the expense.

I feel like I’ve taken apart aspects of this argument before, mostly because it seems the arguments get repeated over and over until one wants to make a Bingo Card and be done with it. But, to save me some keystrokes: Let’s Bust Some Myths: People with disabilities just want to sue the world into compliance (there’s a transcript to the video linked there in the comments [1. Back when I wrote this I felt like I was making a very witty point by not “choosing” to be “nice” and putting the transcript up – if you wait for people to be “nice” then you wait a long time! I wouldn’t do that now because I think it’s shitty to make people sit around and wait so I can score some sort of political point.]), Needs Are Not Special and Accommodation is not “Special Treatment” (written by s.e.), Why Being Nice Isn’t Enough (which is meant to address the “just ask for accommodations!” part), “Bad Cripple” – you know, the fakers who are just scamming the incredibly generous disability system for the huge cheques they can rake in – oh, and we’ve got multiple posts just here at FWD about workplace accommodations being treated like a huge drama and a favour that doesn’t need to be granted rather than a right, people who work with actual people with disabilities assuming all people on prescription drugs are dangerous addicts, and how the opposite of disabled is not employable.

I think my favourite bit of the quote above, though, is the “If a small business has to lay off an employee to afford the added expense of accommodating the disabled, is that a good thing — especially if, say, customers in wheelchairs are rare?” I love that sentence, I want to cross stitch it on a little sampler and hang it up on my wall.

A Very Short List Of Businesses You Are Unlikely To See Wheelchair Users In:

1. Ones that don’t have a ramp to allow access to wheelchair users.

Seriously, that’s the basic criteria for shopping in this one-wheelchair-user household. We choose our restaurants, our coffee shops, our bookstores, our yarn stores, our sex toy shops, our grocery stores, our housing, our favourite tea place all on whether or not the shops themselves allow wheelchair users to enter. We don’t even go to one of the malls in the city because half the shops are too crowded to allow wheelchair user, so yes, John Stossel, if your business doesn’t accommodate wheelchair users chances are you don’t have many customers who are wheelchair users.

(Gentle reader, I cannot believe I just typed that sentence 20 years after the ADA passed into law.)

Honestly, that John Stossel is paid actual money to write opinion pieces that amount to “cripples are just sue-happy freaks, the ADA is why the Exxon oil spill happened, and service animals like snakes are ruining it for everyone else” – especially while service animals are constantly being turned away illegally – is especially irritating when we’re still fighting for something as simple as the right to be paid minimum wage for our work.

“We’re not his kids, we’re adults, and we’re our own people”: The Trouble with the Jerry Lewis Telethon

Today is Labour Day in Canada and the US, which for many people means the end of the Labour Day Weekend Jerry Lewis Telethon. Wikipedia conveniently describes the Jerry Lewis Telethon so I don’t have to:

The Jerry Lewis MDA Telethon (also known as The Jerry Lewis MDA Labor Day Telethon and The Jerry Lewis Stars Across America MDA Labor Day Telethon) is hosted by actor and comedian, Jerry Lewis to raise money for the Muscular Dystrophy Association (MDA). It has been held annually since 1966. As of 2009, the telethon had raised $2.45 billion since its inception. It is held on Labor Day weekend, starting on the Sunday evening preceding Labor Day and continuing until late Monday afternoon, syndicated to approximately 190 television stations throughout the United States.

On the surface this probably looks like a good thing, but digging a bit deeper: For many people, this is one of the few times they’ll see images of people with disabilities on their t.v. screen (and from a noted authority and beloved celebrity), and the entire thing is one drawn out pity parade.

Since 1991, protesters, including Laura Hershey and Mike Irvine, have tried to raise awareness about the way that the Jerry Lewis Telethon, and Jerry Lewis himself, treat actual adults with disability, and have discussed how these sorts of pity parades affect the public perceptions of people with disability. In 2001, Hershey wrote:

As we in the disability-rights movement keep trying to explain, our biggest problems come not from our physical conditions, but from a society that fails to accommodate us. Lewis’s telethon plays up the problems, without suggesting their sources or solutions. For instance, those sappy vignettes will make much of an “afflicted” person’s inability to wash his own hair, or get herself to the toilet, without any discussion of the urgent need for publicly funded personal assistance, or of the problems posed by the architectural barriers designed right into the layout of most private homes.
Trouble also arises from the fact that thousands of families dealing with disabilities in the U.S. and Canada are denied adequate medical care and equipment – necessities which should be basic human rights, not handouts accompanied by a drum roll and tally.

I’ve written about my disdain for both the Telethon and for the praises Lewis gets despite referring to people with disabilities as “half-persons” who should “stay at home”, and I think this is still an idea that people find very challenging. It’s easier to view these sorts of fund raising telethons as doing Good Things. They are supposed to, after all. That it’s still leaving people with disabilities begging for basic rights, access, and assistance that shouldn’t be necessary in this age of the Americans with Disabilities Act (ADA) and Accessibility for Ontarioans with Disabilities Act (AOWD) isn’t comfortable to think about. That the main use of these funds is for finding a “cure” – by which they mean a pre-natal test – rather than assisting families in purchasing wheelchairs or renovating a home to make it wheelchair accessible, or in assisting people with disabilities in getting support during or immediately after a move seems to surprise people. Your money isn’t going to help actual people with disabilities. It’s going to help the Muscular Dystrophy Association, and to aid Jerry Lewis in his continued insistence that he’s a humanitarian. These are not really the same things.

Many people with disabilities have written about their perceptions of these telethons, and the damage they do, as well as the issues with giving a humanitarian award to a man who treats actual people with disabilities with such disdain. Hershey’s most recent columns are Speaking Out against the MDA Telethon and Laura’s Labor Day Weekend Column. Liz Henry wrote last year about her dose of morning rage regarding the telethon, and there are many links there that highlight the issues around Jerry’s Kids. There’s also the 2007 Blogswarm, Protest Pity, which features more than 35 blog posts about the Telethon and the Protests. You can also read From Poster Child to Protester, which may be the first thing I ever read about the protests and the Issues with Jerry Lewis.

Sometimes, though, the best way to combat the pity parade is to show people with disabilities talking about their lives, and their lived experience. Laura Hershey made this video as part of the “It’s Our Story” Project. Transcript follows:

Transcript:

The ‘It’s Our Story’ titles roll while tinkly piano music plays. White symbols of sign language and a person in a wheelchair flash against the background, which is suggestive of a US flag, with the continental United States in the blue square instead of the usual 50 stars.

The video opens on Laura Hershey, a powerchair user wearing a nasal cannula and glasses. The title of the video is “Jerry’s Kids”, and I believe she’s referring to the group “Jerry’s Orphans”.

Laura: That’s actually a group that was started in Chicago by Mike Irvin, Chris Matthews, and several other people. And I worked with them a lot organziing these protests nationally. I think what the name says is that Jerry Lewis doesn’t have the right to claim us as his quote “kids”, especially as he’s not interested in our perspective. He completely trashes people who question or challenge the telethon approach. He’s attacked us in the press, calling us ungrateful, claiming that he bought us our wheelchairs which is, you know, completely untrue.

You know, whatever ego trip he gets thinking of himself as our saviour, or our daddy, or whatever it is he thinks, we reject that.

We’re not his kids, we’re adults, and we’re our own people. We don’t belong to him.

Tracy Latimer is dead because her father is a murderer

It’s always hard for me to write a post about Tracy Latimer’s murder, especially in a space that’s got a lot more traffic than my own blog does. Where do I start? How do I express to a new audience the significance this case has in Canada, and how the murder of a 12 year old girl by her father 17 years ago changed drastically how Canadians talk about disability, and how disability is treated in Canada? Where do you start with that?

This post is going to talk about the murder of children with disabilities by their parents. I would recommend avoiding comments in most of the news links, because the comments generally turn into a referendum on whether or not it’s okay to kill disabled children.

Tracy Latimer, who had Cerebral Palsy, was 12 years old the day her father, Robert, waited until the rest of their family was at church and then carried her out to the garage, stuck her in the cab of the truck, ran a garden hose from the exhaust pipe into the cab, and left her there to die of carbon monoxide poisoning. Whenever I talk about this case, I feel the need to remind the reader: this is a means of killing we have made illegal when killing dogs, because it is considered to be so painful. This is the murder people would like you to believe is a “mercy killing”.

Tracy Latimer’s murderer, Robert, then put Tracy to bed, burned the hose that he had used to murder her, and lied to the police about how she died.

This case went to trail twice, and both times Tracy’s murder was found guilty of murder and sent to prison. He has done the bulk of his prison time according to Canadian law, and is currently doing a form of parole where he spends five days in a half-way house, and two days in his own apartment in Vancouver. This is how the law works here – in fact, I would agree with critics that Tracy’s murderer is being treated harshly by the parole board, but I also understand they want Tracy’s murderer to admit that maybe killing a child and trying to hide the evidence is a crime and that he should show some remorse. But we don’t really send people to prison here in order for them to show remorse. It’s done, let him go home.

But let’s talk about how Tracy Latimer’s murderer and the court cases around him are typically treated by the press, since Robert is in the press again, having been denied a loosening of his parole.

You’ll notice, I’m sure, that I keep referring to this as “Tracy Latimer’s murder”. If you read the newspapers from across Canada, you’ll instead see it referred to as “Robert Latimer, a Saskatchewan farmer, who was convicted of second-degree murder of his severely disabled daughter”. You will also find it referred to as a “mercy-killing”. Often Tracy’s name will only appear once, as “his 12 year old severely disabled daughter, Tracy”.

May 21, 2010: The Vancouver Sun: Latimer mercy-killing inspires new Ozzy Osbourne song: “The 10th track of Osbourne’s solo album entitled Scream, due out June 22, is Latimer’s Mercy which describes what Latimer may have felt in putting his daughter to death. The lyrics are poetic yet brutally graphic.”

July 28, 2010: The Montreal Gazette: A Wise and Sensible Verdict (This article is actually about an entirely different case, but felt the need to compare it to Tracy Latimer’s murder): “One need only remember Robert Latimer’s killing of his severely disabled 12-year-old daughter. He did it, he said, to release her from her suffering, to mercifully end her life.

Does anyone believe Robert Latimer was a cold-hearted killer?”

July 29, 2010: The Victoria Times-Colonist: Mercy killing can sometimes be honourable: (Same case as the one discussed above) “Similarly, Robert Latimer had no moral choice but to end his daughter’s agony at once by one means or another.”

August 19, 2010: The CBC: Robert Latimer wins parole review “Latimer was convicted of second-degree murder in the 1993 death of Tracy, his severely disabled, 12-year-old daughter, an act he described as a mercy killing.”

August 20, 2010: The Globe & Mail: Give Latimer More Latitude in his Day Parole: “The board needs to accept that he has paid his debt to society. He killed from compassion, according to a jury and a judge, who knew all the details of Tracy’s life and death, and was punished as a deterrent to others.”

The case is fairly consistently presented to the Canadian public as a “mercy killing”, and as the end of Tracy’s suffering. Often Tracy’s life is described as unbearable. Sometimes she is referred to as a “vegetable”. The only person who’s “side” of this story is consistently told is the man who murdered his daughter, and he is painted by the press as a man struggling against impossible odds, doing the only thing he could.

This is not what you read in the press:

In the trials, both Robert and his wife Laura claimed that Tracy was experiencing constant and uncontrollable pain. If this were true then why were they allowing Tracy to suffer when her pain was medically controllable? Their testimony conflicted with the writings in Laura’s own diary pertaining to the daily condition of Tracy. Laura’s diary stated that Tracy was often happy and smiling, and lately she had been eating well. Tracy’s teacher described her as a happy and loving person who did not show signs of extreme and uncontrolled pain, even though she had a dislocated hip. Tracy was scheduled for surgery to repair her dislocated hip which would have alleviated the pain and discomfort she was experiencing. In fact, Robert Latimer was charged with homicide on the same day that her surgery was scheduled to happen (November 4, 1993).

Many people are under the impression that the Latimers were overly burdened and lacking in support and respite service to care for Tracy. In fact, Tracy had lived in a respite home in North Battleford from July until early October, 1993. Tracy had returned home because she was scheduled for surgery. Tracy was also at school everyday. On October 12, just twelve days before Tracy was killed, Robert Latimer was offered a permanent institutional placement for Tracy in North Battleford. He rejected the placement because he said he had ‘other plans’. At this time, he had already decided to kill Tracy.

I harp on the way Tracy’s murder is treated in the press for one simple reason: The number of murders of children with disabilities by their parents has drastically increased in Canada since the Latimer case.

December 5, 1994 – Ryan Wilkieson, 16, Cerebral Palsy, Carbon monoxide poisioning similar the Latimer murder, which was in the news at the time.  Friends of Ryan’s murder, his mother, said she was distraught by the Latimer case. Murder/suicide.

May 28, 1996 – Katie Lynn Baker, 10, Rett Syndrome, starved to death. She weighed 22 pounds at her death. No charges were laid, as no one believed they could get a conviction.

November 6, 1996 – Charles-Antoine Blais, 6, autism, drowned in his bathtub by his mother. Charles-Antoine’s murderer was publically offered a job fundraising for the Autism Society of Greater Montreal, and and the head of Canada’s national autism society described her life as a total misery before Charles-Antoine’s murder. Suspended sentence.

November 21, 1996 – Andrea Halpin, 35, cognitive disabilities – shot to death by her father in a murder/suicide. He didn’t think she could live without him.

December 11, 1998 – Cory Moar,  29, cognitive disabilities – years of abuse by family members. I couldn’t find any more details after the lengthy description of the long-term injuries he sustained, because I had to throw up. You can read the inquest results in this handy PDF. Trigger warning.

May 19, 2001: Chelsea Craig, 14, Rett Syndrome, lethal dose of prescription drugs (attempted murder/suicide) Rachel Capra Craig, diagnosed with paranoid delusional disorder, later killed herself. She had been found incompetent to stand trial.

December 30, 2001 – Reece Baulne, 34, “learning difficulties”, carbon monoxide poisoning. In the suicide note that his parents wrote, they said they were killing themselves and Reece because they couldn’t care for him anymore, having been turned down for government funding.

July 12, 2004 – Jia Jia “Scarlett” Peng, 4, autism, drowned in bathtub by her mother who has been diagnosed with Bipolar Disorder. Scarlett’s murderer was initially sentenced, but the sentence was put aside due to an error on the part of the judge. She was recently sentenced to 5 years, but was released because of “time served”.

July 31, 2004 –  Ian Carmichael, 11, epilepsy and undefined “learning difficulties”, choked to death by his father who was diagnosed as having psychotic delusions as a result of side-effects from taking Paxil incorrectly. You can read David Carmichael’s webpage in which he discusses (briefly) how he murder his son (most of the page is about how Paxil made him do it). Trigger Warning.

September 25, 2004 – Charles Fariala, 36, “assisted suicide” – he first took a dose of medication and then his mother tied his hands and covered his face with a plastic bag. Wikipedia says his mother had Borderline Personality Disorder and this was a factor in her light sentence (3 years probation), but I haven’t found any other reference to her having a mental health condition, just that there were “extenuating circumstances”.

These names are part of the reason why I think Robert Latimer should always be referred to as a murderer, why I think think Tracy’s death should never be referred to as a “mercy killing”, and why I will invite Robert Latimer apologists to kindly find their way to the Globe & Mail website, since they obviously will welcome your comments far more than I will. They will not be published here.

We convict and vilify people for murdering their children all the time. Unless their children are disabled. Then, then, then, it’s “mercy killing”, and they should be defended at all costs.

Investigating Disability Hate Crimes in the United Kingdom

The Equality and Human Rights Commission (EHRC) recently announced that it is conducting an inquiry into disability hate crimes, on the basis of research demonstrating that people with disabilities are much more likely to experience hate crimes than nondisabled people. There have been several high profile cases of bullying and abuse leading to deaths in the UK that have attracted public attention in recent years; I see a lot of articles citing the Fiona Pilkington case, where a woman killed herself and her daughter after prolonged inaction on clearly documented abuse.

According to a report  issued by the EHRC (I can only find a .pdf version, unfortunately), disabled persons in Britain are four times more likely to experience violence than other people, and the likelihood of experiencing violence goes up for people with intellectual disabilities and mental illness. Almost half of the people involved in the study reported experiences of abuse. In a statement on the report, the EHRC says:

It is not the disabled person who creates their own oppression. It is others. As Sir Ken Macdonald so eloquently argued in one of his final speeches as Director of Public Prosecutions, we must overcome a prevailing assumption that it is disabled people’s intrinsic vulnerability which explains the risk they face – an assumption unsupported by evidence. At best, this had led to protectionism, constraining rather than expanding the individual freedom and opportunity which greater safety and security should provide. Only by extending the same expectations of safety and security to disabled people as to everyone else can we truly come to address the deficits in our current approach and wake up to the need to act. (source)

The new inquiry is designed to gather more information about harassment and abuse experienced by people with disabilities and what kind of support is being provided when people report it. Poor statistics are maintained on disability hate crimes and the EHRC is also concerned that a lot of abuse is going unreported. There are significant complications when it comes to reporting abuse; what do you do, for example, when your abuser is your caregiver? What do you do when you are not provided with tools for reporting? What do you do when you don’t recognise what is happening as abuse because you haven’t been given information about the dynamics of abuse and harassment and it’s all you’ve ever known? What do you do when the people you are told to report to choose to ignore your reports or claim that there is nothing they can do?

I’m hoping that it will lead to some recommendations designed to combat harassment and abuse, and subsequent action on those recommendations. It’s easy to make statements and write reports about what should be done, but it’s harder to put these things into action. Full integration into society requires being treated like we belong there, and thus far, performance on the part of public servants who are supposed to be ensuring our safety and security has been unimpressive:

Smith [lead commissioner for the inquiry], a wheelchair user, has himself suffered abuse – with “Kripple” daubed over his walls in paint and wooden wedges hammered under his door to prevent it from being opened. “I did call the police, and the first five times it was like, ‘What do you want us to do about it?'” But I did finally get one officer prepared to do something about it and installed a surveillance system. It shows what can happen if the collective denial is challenged.”

Disabled people, says Smith, can literally become “too scared to leave home” because they are “harassed and told to ignore it by everyone else, including public bodies. It’s unacceptable”. (source, emphasis mine)

Smith’s story mirrors the Pilkington case: Repeated reports were made to law enforcement, and nothing was done. Until harassment, sexual assault, abuse, and violence against people with disabilities are treated like the serious crimes that they are, they are going to persist, and they are probably going to grow worse. This requires a fundamental rethinking of the way that disability hate crimes are handled. It requires better training for law enforcement, teachers, social workers, and other people on the front lines who are in a position to intervene.

It requires believing that people with disabilities are human beings.

“Bullying and harassment can all too often escalate into serious hate crimes against disabled people that we have all heard about.

“Harassment in any form is totally unacceptable. Everyone in society has the right to live life in safety and with security.

“For disabled people and for those people with long-term health conditions, safety and security is a right that can’t be taken for granted.” (source)

There is a fundamental lack of recognition in many regions of the world that hate crimes are a problem not just because they involve abuse of individuals, but because they are a reflection of social attitudes. Certain populations are viewed as acceptable targets for abuse by harassers, rapists, bullies, molesters because society has made its indifference to the safety, health, and wellbeing of these populations clear. Inquiries like the one planned by the EHRC are important, and will gather valuable information about patterns of abuse and harassment in the disabled community. They need to be backed up with a genuine movement towards change, a reform of social attitudes, a confrontation of the way that the actions and beliefs of society as a whole contribute to systemic oppression.

Recommended Reading for June 21, 2010

A man in a hand-pedaled wheelchair holds hands with a standing woman below a signpost saying "John O'Groats"
A man in a hand-pedaled wheelchair holds hands with a standing woman below a signpost saying "John O'Groats"

Brine and Kath traveled from Land’s End, England, at the very southern tip of the UK, to John O’Groats, at the very northern tip of Scotland, the two settlements in Britain that are furthest apart, by hand-pedaled wheelchair and bike, arriving in John O’Groats on the summer solstice.

A Voice For Neli [this site is by the mother of a young black man with autism who was recently arrested and harassed in Stafford, Virginia, primarily due to his race and disability status]

My son was traumatized.  He has since been transferred to a mental hospital to receive treatment.  I have placed a link to the story below for the world to see.  How very sensational and yet sinister at the same time.  What is so suspicious about a young man sitting under a tree at the library.  The library is where my son goes quite frequently because there is a teen room there.  What made him suspicious?  Was it because he is a young black male?  Possible gun?  Why was the assumption made that he had a gun when there was no visible gun seen? Again was it because he was a young black man?  These assumptions are what catapulted the events of that day and has turned our family’s life completely upside down.

Bad Cripple – Conjoined Twins, Disability and Ethics

Few books I read cause me to radically alter my preconceived ideas or thoughts. One such book that did this for me was One of Us by Alice Domurat Dreger. Dreger’s book, subtitled Conjoined Twins and the Future of Normal, stunned me. Prior to reading One of Us I thought that the effort to separate conjoined twins was logical, the only viable choice parents had even if the mortality rate for such a procedure was very high. By the time I finished reading Dreger’s book I learned that my preconceived ideas about conjoined twins, largely gleaned from the mass media, was wrong. Not only did I feel enlightened thanks to Dreger but I learned much about what she termed anatomical politics.

Astrid’s Journal – On Disability and Suffering

Disability is not a tragedy. Both of these framings assume that. Someone can be suffering and have a disability, but that doesn’t necessarily mean that the person is suffering because of the disability. (Correlation is not causation!) This immediately reminded me of the first time I fought this terminology, back in 2007. My support worker wrote into my care plan that I suffer from an autism spectrum disorder. I asked her to correct it to say that I have an ASD, which she at first refused. We got into a pretty lengthy argument, in which she used all kinds of ableist misconceptions about the suffering of people with autism, until she gave in and changed the wording. Most of these misconceptions are rooted in the medical model of disability. That is, they assume disability to be an inherently bad affliction, and of course from there conclude that disability is something someone suffers from. Here are a few examples of arguments people use to base the idea that one suffers from a disability, upon…

After Gadget – Lyme Awareness Month, Part I

The next three After Gadget blogs will specifically address Lyme awareness from the service dog perspective:

  • How Lyme can affect your dog, and what you need to know about it (that your vet might not).
  • How Lyme can affect you, and what you need to know about it (that your doctor might not).
  • How Lyme transformed my experience specifically as a service dog partner.

Note: Since this blog series focuses on awareness, I’m honing in on the issues that I think are most important for you to be aware of. My goal is to prevent more cases of Lyme — especially chronic or untreated Lyme — in dogs and people. So, I’m going to skip a lot of general information. For example, telling you the name of the strange organism that causes this disease will probably not be what impels you to rethink the limp that comes and goes in your dog, or that frustrating “flakiness” of your sister-in-law. It won’t change your mind about whether you are taking adequate precautions against tick-borne disease (TBD). On the other hand, I hope this series will.

Leaving Evidence – Creating Collective Access

What is collective access?  Collective Access is access that we intentionally create together, instead of individually. Most of the time, access is placed on the individual who needs it.  It is up to you to figure out your own access, or sometimes, up to you and your care giver, personal attendant (PA) or random friend.  Access is rarely weaved into a collective commitment and way of being; it is isolated and relegated to an after thought (much like disabled people). Access is complex.  it is more than just having a ramp or getting disabled folks/crips into the meeting.  Access is a constant process that doesn’t stop.  It is hard and even when you have help, it can be impossible to figure out alone.

USA Today [so take it with a grain of salt!] – World Cup matches may boost your mental health

Scientists have shown that fans who feel personally invested in a team or, better yet, who attend games and cheer along with like-minded fans, reap the mental health benefits that come from a feeling of social connectedness. “The main thing that people achieve via sports fanship is a sense of belongingness, or connectedness, with others,” said Edward Hirt, a professor of psychological and brain sciences at Indiana University. “Sharing a common allegiance with others bonds people together in a special way. We can relate to others who share fanship with our team and feel a camaraderie with them that transcends ourselves.”