Category Archives: politics

Deportation by Default, Part Two: United States Wrongfully Deports Disabled Citizen

In July, a study was released discussing disabled immigrants and revealing some alarming facts about who is in immigration detention in the United States. I wrote about it here, and the numbers were pretty astounding. The study uncovered the fact that 15% of the people in immigration detention in the United States had disabilities that impaired their ability to understand immigration proceedings. They were unable to defend themselves in court and unable to understand their legal rights. Some were kept for years in detention while officials debated what to do with them.

Immigration law is one of the most tangled areas of law in the United States. The system is complex and labyrinthine and it’s extremely difficult to navigate. It’s even harder when you’ve been held in detention for weeks, months, or years and you’ve been provided with inadequate care; being in confinement is stressful, and can exacerbate mental illness for some people, making it even more challenging to make your way through the court system. The ACLU set out some immediate demands in their report to get better protections for disabled detainees; as far as I know, those demands have not been met.

The report also documented cases of US citizens with disabilities who were deported because they were the wrong colour and they were unable to defend themselves in court. Just last week, I read a followup on a case I discussed; the American Civil Liberties Union is suing on behalf of Mark Lyttle, who was deported and left to fend for himself in Mexico, Honduras, Nicaragua, and Guatemala for four months before he was able to get assistance from a US embassy. This case has been dragging on for over a year.

Lyttle is of Puerto Rican descent, but he’s lived in the United States his whole life. He only speaks English. The government knew this when they deported him:

The U.S. government admitted in April that it had wrongly deported an N.C. native, but newly released documents show that federal investigators ignored FBI records and other evidence showing that the man was a United States citizen.

At the time of Mark Lyttle’s deportation, immigration officials had criminal record checks that said he was a U.S. citizen. They had his Social Security number and the names of his parents. They had Lyttle’s own sworn statement that he had been born in Rowan County. (source)

His story started when he was briefly jailed for ‘behavioural problems’ in a home for people with mental illness. Officials referred his case to Immigration and Customs Enforcement (ICE) despite being aware that he was a US citizen. ICE detained him, investigated, denied him legal counsel, and deported him to Mexico.

As he drifted homeless and penniless through Central America, he was unable to access the medications he was taking to treat his mental illness. Unstable environments contributed to a deterioration of his mental state. He considered suicide. He was imprisoned by multiple sets of officials and deported a second time when he managed to re-enter the United States. Finally, after reaching an embassy, his family was contacted and he was brought safely back into the United States.

There are layers of problems with this case. There’s the documented issue that ICE fails to serve people with disabilities in immigration detention, making it impossible for undocumented immigrants, documented immigrants, and wrongfully detained citizens alike to make their way through immigration proceedings; it’s pretty much impossible for anyone to self-represent in immigration court, let alone someone who is disabled, isolated, frightened, and not getting adequate care. It’s clear that a better system needs to be put in place to screen people when they enter detention so they can be provided with adequate services, if we are going to be detaining people at all.

And there’s the problem, not restricted to people with disabilities, of deporting people simply because they appear to be undocumented immigrants. If you have brown skin, if you ‘look Mexican,’ whether or not you are, whether or not you have documentation, there is  a potential risk of deportion. ICE raids in workplaces across the country have swept up legal immigrants along with US citizens, including some people who have never been outside the US. Despite ample documentation, these people have been deported. Because they look wrong.

Cesar Ramirez Lopez, a San Pablo truck driver, won a $10,000 settlement in 2007 after he was held for four days by U.S. Immigration and Customs Enforcement agents even after his lawyer convinced ICE investigators that he was a citizen.

Rennison Castillo, a Washington state man who was born in Belize but took his oath of citizenship while serving in the U.S. Army in 1998, who spent seven months in an ICE prison in 2006. He is suing the government with the help of the Northwest Immigrant Rights Project in Seattle.

Some longtime observers of the immigration agency say that, while citizens make up a tiny fraction of the roughly 400,000 people who pass through ICE custody each year, such cases occur with some regularity. The problem is exacerbated, they say, by the fact that immigration detainees, unlike those in the criminal justice system, lack the right to legal counsel and other due process protections. (source)

One of the cornerstones of the legal system in the United States is supposed to be the premise that people are innocent until proven guilty. Yet, in the case of deportation proceedings, people are…guilty until deported. Denial of basic legal rights to people in immigration detention is a travesty and a human rights violation. People are intimidated into complying with deportation proceedings:

The young man was bullied into signing a form authorizing his voluntary deportation, except that it wasn’t made clear to Delgado that by affixing his John Hancock he was okaying being shipped off to Mexico. His belief was that he would be allowed to return home in Houston if he just did as he was told. (source)

This is a problem that goes far beyond the issues with disabled detainees in particular. The current state of our immigration system is a travesty that needs to be addressed; it is a foreign policy issue, it is a human rights problem, it is a fundamental violation of everything the United States claims to stand for. Providing basic legal rights to all people in immigration detention should be an immediate priority for the United States, because this has got to stop.

Canadians: Tell Your MP To Vote for C-304

One of the ways I entertain myself on the bus is looking at houses and apartment complexes we pass and deciding whether or not we’d ever be able to live there. “Hmm, that looks like a ramp could be built to the front door.” “Wow, that’s a useless step that could be taken right out. Is that there for decoration?” “Damn, I hope no one in that apartment building ever breaks a leg because that’s never ever going to be accessible to people who can’t climb a flight of stairs.”

Finding housing is one of the main challenges facing people with disabilities and their families. Don and I spent months looking for an apartment building in Halifax that didn’t have “just a tiny flight of stairs”. I’ve talked to people with service animals who have repeatedly struggled with being refused housing for having a “pet”, even though such refusal is illegal. Mia Mingus, Crip Chick and their supporters have been documenting their attempts to find accessible affording housing.

On top of this, finding affordable housing when one or more members of your household have a disability can be incredibly difficult and daunting. Disability is expensive, even with Canada’s patch-work attempts at assisting with the many and varied costs. Assistive technology and its upkeep is costly. Medications are costly. Having in-home assistance is costly. “Special” foods that are necessary if one has any dietary restrictions are costly. Transportation, adapted or otherwise, is costly. These bills add up, and trying to adapt or locate accessible housing on top of it can lead to hopelessness and despair. (Certainly it did when Don and I tried to find accessible affordable housing in Halifax.)

Next Wednesday, October 20th, Canadian Members of Parliament will be voting on the Private Members Bill C-304, “An Act to ensure secure, adequate, accessible and affordable housing for Canadians”.

This Bill has been pretty much off the radar for anyone who isn’t on poverty-rights mailing lists – a search through CBC, for example, finds only two hits, one from 2009 and the other in a 2010 blog entry that mentions it in passing at the end. This isn’t particularly unusual, since Private Members Bills, especially ones supported by opposition parties, don’t really get a lot of attention because they don’t often pass.

At the same time, though, this is the problem. This bill explicitly talks about housing as a right. It explicitly talks about housing for people with disabilities. To quote:

“accessible housing” means housing that is physically adapted to the individuals who are intended to occupy it, including those who are disadvantaged by age, physical or mental disability or medical condition, and those who are victims of a natural disaster.

It is so rare to see any bill in parliament that acknowledges disability, let alone one that actually talks about housing needs. It would be great if we could make some noise, if we could make it clear to our Members of Parliament, our elected representatives, that we as Canadians care about accessible and affordable housing needs, so even if this bill doesn’t pass, the next time the topic comes up our MPs know: This is something that Canadians want addressed.

The people behind Red Tents have planned a National Day of Action in support of Bill C-304 on October 19th. Their main event is in Ottawa, but I know there are other events planned around the country: Halifax’s event is all day Saturday and Sunday, for example, and a quick internet search found events in Winnipeg and Vancouver as well.

I would also recommend contacting your Member of Parliament between now and Wednesday to let them know that you support Bill C-304. Your contact with them doesn’t have to be long – mine was only a few sentences – but let them know that you support accessible affordable housing in Canada, not only for people with disabilities, but other groups that are also included in this Bill. You can find the contact information for your Member of Parliament here, but be aware that, like all Government of Canada websites, this one may not be accessible to screen readers. Another option is to use Make Poverty History’s email form to contact your MP.

For more information:

Here is the text of the Bill, in both English and French.
Open Parliament has all the debate on the Bill in a handy searchable format.
The Council of Canadians with Disabilities has a history of the Bill.
Centre for Equality Rights in Accommodation has details as well.
Red Tent’s details on the Bill.

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.

Today in Journalism: Arnieville

Back in May, I wrote about the rampant slashing of the sections of California’s budget pertaining to disability services. abby jean has also written about how California structures social assistance programs and their funding.  These are issues seen not just in California, but across the United States, where states are struggling to come up with ways to provide services while facing falling revenues and funding shortfalls in every direction. The most vulnerable populations in many states are the first to face cuts, and some of those people have decided to fight back.

Which brings us to Arnieville1. In June, disability rights activists occupied a traffic island in Berkeley to fight budget cuts. The Arnieville protests continued off and on throughout the summer and protesters led demonstrations in other areas of the state as well, leading to things like arrests in Sacramento.

Arnieville put disability rights issues front and center. People passing by couldn’t help but notice a large encampment of people with disabilities, and their numerous signs, protesting policy and budget cuts. It was a very in your face protest, and it makes sense that such a thing would take place in Berkeley, a city long known for its active disability community and disability rights activism.

Yet, if you rely on mainstream media for your news, you wouldn’t know about Arnieville. A search on the website of the San Francisco Chronicle, one of the largest Bay Area newspapers, for ‘Arnieville’ returns no results. Likewise with the Press Democrat, a smaller regional paper that still manages to find time to cover other local news. The Los Angeles Times, an award-winning California newspaper with a long history of investigative journalism and coverage of both disability issues and the California budget, also has absolutely no coverage of Arnieville.

If you don’t follow the disability community in the Bay Area closely, you probably wouldn’t know about Arnieville. Unless you happened to read independent media like IndyBay, The San Francisco Bay View, The Berkeley Daily Planet, or New American Media. Coverage in the East Bay Express, SF Weekly, and San Francisco Bay Guardian, three farily large independent media outlets? Nil. Zero results. Coverage on radio and television news is a little more difficult to track as I can’t search through months of broadcasts as conveniently as I can through months of print media, but I suspect coverage has been relatively minimal, if not nonexistent, with the exception of KPFA in Berkeley.

Arnieville is news. People with disabilities camping out in a traffic island to protest budget cuts, to demand independence from institutionalisation, to challenge social policy, is news. Yet, most of California’s media is completely ignoring the Arnieville protest, let alone its implications. This is typical. Disability issues are rarely covered in the media and when they are, it’s usually in a very patronising, frustrating kind of way.  An article on budget cuts, for example, might focus on interviewing parents of children with disabilities instead of interviewing the children themselves, or interviewing adults with disabilities.

Activists from other movements are profiled in the news in California. Protests demanding everything from clean energy to better accountability in police brutality cases are covered, extensively, as they should be. Because protest is one of many legitimate forms of communication with the government, and newspapers have an obligation, and a mission, to report on issues of interest to citizens. Disability rights is an issue of interest to many California citizens, not just people with disabilities, yet, the media seems very disinterested in covering it.

What about Arnieville isn’t newsworthy? The Los Angeles Times had no problems covering a tent city in Sacramento in March of 2009. A whole series of articles was run, including profiles of members of the encampment and a number of very strongly written editorials about social responsibility, budget crises, and public shaming. But a disability rights protest in the form of an encampment on public land? Not even a stray word.

One of the reasons our lack of visibility in the media makes me angry is that the general population is often unaware of the issues that affect us, and of the long history associated with many of those issues. It’s extremely hard to fight social attitudes when the media either ignores us or reinforces its social attitudes with its coverage, instead of debunking those attitudes through news stories. Arnieville conflicts with a lot of beliefs about people with disabilities, and I suspect that’s part of the reason why it hasn’t been covered in the media, because it threatens established social attitudes.

To cover Arnieville might suggest that the protesters have a legitimate grief and have something important to say. It might even hint that some people with disabilities are not happy with the current state of social services. That people with disabilities do not want to be institutionalised and have the capacity to live independently. That people with disabilities have a right to live, have a right to participate in governance, have a right to voice their objections to policy that harms them. These are scary, scary things to many nondisabled people, which is why they are being swept under the carpet.

  1. A reference to encampments established during the Great Depression by people who lost everything, nicknamed ‘Hoovervilles’ after President Herbert Hoover, blamed for the policies that led to the catastrophic economic collapse; in this case, the camps are named for Governor Arnold Schwarzenegger of California.

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), 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.

  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.

California Judge Says State of California is Still Providing Inadequate Health Services to Inmates

Currently, health care in California’s prison system is under court supervision, in the aftermath of a lawsuit pointing out that conditions were so poor in California’s prisons that an average of one inmate per week was dying due to inadequate health care. Huge numbers of people in California’s prisons are disabled; just for example, people with developmental disabilities make up around four percent of California’s inmate population. This adds considerably to the complexity of providing health care services in California prisons, as does the very high rate of infectious disease observed in most prisons.

The state recently attempted to end the receivership of its prisons on the grounds that conditions had improved. More studies were conducted to assess the current situation, and Judge Charles Breyer issued a tentative ruling that the court supervision must continue because conditions in many California prisons still do not meet basic standards of health and safety. The human and civil rights of California prisoners are being violated, in no small part because the state is struggling with a massive prison population paired with epic budget cuts, which is pretty much a recipe for disaster.

Here’s the judge, discussing why he decided not to end the receivership:

Breyer, brother of U.S. Supreme Court Justice Stephen Breyer, went further in his proposed findings.

The inmates “are regularly verbally, physically, and sexually assaulted, exploited, and discriminated against in California prisons,” he wrote. “Developmentally disabled prisoners are punished for violating prison rules that they do not understand, and are punished at hearings which they cannot comprehend.”

They regularly have their food and property stolen, or give it up to buy protection or help from other inmates. They often lack the help they need with basic hygiene, or with getting routine medical treatment, the judge found.

At one point, Breyer suggested that the state sought to end his oversight “simply because ongoing Court supervision is annoying them.”

Billions of dollars are being spent, and it’s still not enough. Of the 17 prisons expected, only two ‘met the minimum standards for health care.’ Perhaps unsurprisingly, one of the biggest areas of failing was in preventative care. The prison environment is stressful and crowded, which tends to increase susceptibility to infectious disease while also making inmates more prone to the development of mental health problems. For intellectually and developmentally disabled inmates, prison conditions are even worse, as many prisons don’t know how to handle these inmates, don’t provide basic services they need, and essentially leave them at the mercy of the general population.

It’s not surprising that HIV, tuberculosis, and hep C infection rates are all on the rise in prisons as a result of poor preventative care and infection control. We should be asking ourselves when it was decided that a prison sentence should also came with an almost certain sentence for developing an infectious and potentially fatal disease, just as we should be asking ourselves why prison rape continues to be tolerated.

Prisoners are not receiving the health care services they need, when they need them. That’s a problem. It’s a problem when the state is imprisoning people in my name, using my tax dollars to fund it, and it can’t even promise me that those people will have access to basic health care services. It can’t promise that the people being imprisoned ‘for public safety’ will be safe themselves in prison, and this is categorically unacceptable. We owe a duty of care to prison inmates, no matter who they are, no matter what crimes they have committed, and prisoner rights is one of the most ignored areas in the human rights community in the United States. The conditions in California’s prisons can be seen elsewhere across the United States, where prisoners die because they can’t access medical care in addition to being raped, exploited, and abused.

The findings of the report on California’s prisons recommend that the most effective way to improve access to health care for California inmates is to reduce the prison population by releasing inmates. Early release has already been promoted to deal with overcrowding as well as budget problems. However, we also need to approach this from the other side; it’s important not just to reduce the prison population, but to put fewer people in prison in the first place. This requires a major overhaul of California’s mandatory sentencing laws and approach to law enforcement, both of which are long overdue.

There are also colossal intersections with race here. Nonwhite people and people of colour are far more likely to be incarcerated in the United States. This is not because members of these communities are more likely to commit crimes, despite the beliefs of some conservatives. It is because they are more likely to be profiled as criminals, more likely to be arrested and prosecuted when a white person would get a warning, more likely to get longer prison sentences, more likely to be convicted. We need to address the racialised dynamics of the ‘justice system’ in the United States to get at the bottom of why so many people are in prison.

I’m glad that the decision to continue court supervision of health services in California prisons was made. It’s clear that the prison system can’t regulate itself or provide the services it is legally and ethically obligated to provide, and I hope the court can compel it to do so. At the same time we work to secure safer and healthier conditions for prisoners now, I want to see a radical shift of the way we handle law enforcement and justice for people in the future.

“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.

Liberal ableism

I consider myself to be a dyed-in-the-wool liberal, at least in the way that the term is commonly defined in the United States. Hesitant as I am to list all of my “liberal” qualifications, let’s just get some things out of the way: I am unapologetically feminist, pro-LGBQTIA rights, and am actively working to be anti-racist (which is an ongoing process). I am against capital punishment, as well as the current prison system. U.S.-ian imperial, cultural and economic hegemony across the globe does not sit well with me, and I am of the opinion that it should be actively dismantled. There are also other classically “liberal” opinions that I hold which would take entirely too much space to list here.

My own political stance is a huge part of the reason why ableism from people who are ostensibly my “allies” feels like such a giant thorn in my side. Because it seems that no matter how much we may align politically on the surface, some liberals seem to be incapable of viewing me — and other people with disabilities — as fully human, and treating us accordingly.

Many will protest, “But I can’t be ableist! I’m progressive/liberal!”  But here’s the thing: You can be liberal and also behave in an ableist manner, even without knowing it. It is indeed possible — even with the best of intentions.

Ableism is there when a liberal makes “jokes” about a condition or conditions that ou does not have, such as Restless Leg Syndrome. Or OCD. Or depression. Or schizophrenia. Or chronic fatigue syndrome. Or mental disabilities. Often, these “harmless” jokes are made at the direct expense of people with disabilities or health conditions — both physical and mental. Ableism is there when someone insinuates that diet changes (EAT ORGANIC!!11) and exercise (What? You mean you DON’T work out every day?!) are the solution to all bodily problems, including disabilities, mental health issues, and chronic health conditions. It’s there when someone calls those on the opposite side of the political spectrum “insane.”

It’s most definitely been there when “liberals” with whom I once got along decided that my illness — and the physical and energy limitations that come with my having a chronic illness — no longer suited them and their needs, and so they were free to do things like make unsolicited comments about my illness or how I manage it, or sigh and roll their eyes if I needed to slow down or take a break. Or, worse, tell me that although they have “sympathy” for my health issues, granting me access or even basic accommodations so that I could participate in an activity to the best of my ability just “wouldn’t be fair” to other (abled) group members. For these liberals, everyone deserves respect and opportunity — so it follows that disabled people absolutely deserve to participate in society! Until, of course, accommodations for PWDs conflict with the desired pacing or focus of the liberals in question — or until the PWD no longer conforms to the “angelic” and/or “in need of uplift by the kind liberals” image. Yet often, these same liberals still insist that they can’t be ableist — they’re so progressive!

This is precisely what makes liberal ableism so insidious, and so often hard to bring up (much like hipster ableism and, to some extent, hipster racism and liberal sexism, as well as liberal racism, though I do not wish to conflate all of these as the exact same type[s] of oppression) precisely because so much energy is dedicated to brushing off any discussion of ableism in liberal circles with some claim to liberal or progressive “cred.” Instead of deflecting and immediately whining, “But I’m not like that! I’m liberal!” many of these folks might do well to take a step back and consider how they themselves are contributing to so much of the offal that PWDs face daily with their actions and words.

An open letter to non-disabled people who use disabled parking spaces

Dear abled/non-disabled people without disabled parking placards who use disabled parking spaces anyway,

I don’t care if you want to use the space “because it’s so convenient.”

I don’t care if you only “need” to use the space “just for a minute.”

I especially don’t care if you back up your illegal use of said disabled parking space with some bizarre justification like, “But some people FAKE being disabled to get these permits, so what’s the difference?” or “Well, if a person in a car with a blue placard shows up, I’ll move” or “But there isn’t anyone disabled who needs to use the space here right now, so what’s the harm?”

The harm is that I or other disabled people are so often witnesses to your saying these things, and we are presumably expected to not react at all to your taking advantage of something that is not for you. I personally do not own a motor vehicle, so while I don’t need a disabled parking permit, I also don’t need your entitlement complex and your basically telling me — a person with disabilities — that some of the regulations intended to benefit me and people like me are rules that can be bent by you if it’s the most convenient option for you, an able(d) person.

Just don’t do it. It’s illegal and carries penalty of a possible fine for a reason.

This sort of legislation? Is not intended to benefit you, or be a convenient thing that you can take advantage of when you feel like it. Most of the world is already set up for you. These “convenient” parking spaces don’t have to be set up for your use, too.