Big Noise

The Season of Growth

2011-12-11T18:52:00.001-06:00

Spring brings forth buds; the rebirth of mother earth lifts our spirits. Summer celebrates the sun showing off the full flowering of beautiful blossoms. But growth, real natural growth happens now, under gray skies, bare trees, brown grasses and shriveled shrubbery.

It is happening hidden from view, under the earth. In the fall, sap retreats from the branches. It heads down deep into the earth to the roots and goes to work growing the tree. Right now, fed by the sap, the roots are pushing outward and downward creating a more firm foundation for the tree. Without this process, the tree would be uprooted in the spring with top heavy growth.

I have used this metaphor before to describe the ebb and flow that organizations go through and personal growth as one grows older. It is apt in so many instances. Most recently, I have been thinking of the issue of winter and the Occupy Movement.

The bureaucrats and police may be doing us a favor by breaking up camps, denying permits, and forcing the movement to “winter” our discontent. We should not squander the opportunity.

At Occupy Springfield, we are offering teach-ins. They are not for us alone but are open to the community. So far we have had teach-ins on conviction of the innocent, how the legal system perpetuates one class’s domination over others. Future teach-ins include topics that include revolution and insurrection, conflict resolution, radical therapy, revolt and occupy, women and genders studies, Israel-Palestine conflict, Illinois election process and law, and more.

Photo by Jacob McCulley

We have moved outside the confines of our small encampment. We discovered “freedom chalk”; an outrageously fun water soluble sidewalk chalk; and we learned how to make it rather than buy it. It is the medium and public space sidewalks our free speech canvas to carry the message of the 99%.

Our movement is connecting with activists and activist organizations. We are homeschooling ourselves about to get an ID card if you are homeless (a topic for another blog later), researching city ordinances, finding free, accessible and occupy-friendly businesses to meet inside. We are “occupying” our city council meetings and OUR house, the Illinois State Capitol in incredibly creative ways.

Photo by J.J. Keating

We have even occupied the back of a couple of squad cars, and lived to write about it. The outrage solidified our commitment to one another and the 99%.

The Occupy Library is growing and people are using it for their personal growth and education. Knowledge is power, and; we are becoming very powerful. Our root system is moving the earth under our feet to create a firmer foundation. It is impressive growth for a three month old movement. We are saplings on steroids!

And, winter has yet to officially arrive!

Supporting the Occupy Movement if you Cannot Occupy

2011-12-09T15:29:00.001-06:00

Dedicated to… you know who you are.

By Big Noise and Magitator

In the 60s Jim Morrison snarled at his audiences, “They have the guns, but we have the numbers.” In a nutshell it was why progressives could pressure the power structure to end the war, advance civil rights, and move society forward. The rabble-rousing agents of change fought the 1%. For every person in the street, there were friends, families, neighbors, and co-workers backing them up, supporting their efforts, and took on activities to support the movement.

The same is true today. There are a generation of people who are in the process of establishing themselves as stable parents, workers, and homeowners. While these people support the Occupy Movement, the risk to their newly established responsibilities constrains their participation. Their risks are greater than students, retirees, people who work for progressive organizations, or those who have already lost their jobs.

While constrained, it does not mean they must be passive. There are many ways they can support the movement, from the covert to public activities. Here are a few ideas.

· Sign online petitions. They are less likely to get back to the boss than local hard copies.

· Teach your children well. Help them understand that poor people are no lazier than rich people, in many cases they work harder; that the inequity of opportunity and limited life experiences because of poverty has a dramatic affect on people’s lives.

· Contribute financially.

· If your city has an occupy site, take or send food for the Occupiers. Provide them with hand and foot warmers or some cold weather gear in the winter.

· Move your money from “too big to fail” banks to local banks and credit unions.

· Avoid debt if you can. It just feeds the machine. If you have credit cards, you cannot avoid Visa, Discover, or MasterCard, but you can get them through a local bank or credit union.

· Buy locally. Avoid the big box stores if you can.

· Know the issues. Read alternative news sources. Find out what the other side is saying. Use your critical thinking skills to analyze an issue.

· Don’t cross a picket line. Picketers are directly confronting the ruling class.

· Contribute your skills after work. Your technology, videography, and/or writing skills would be willingly accepted without having to acknowledge who provided it.

·        Don’t get discouraged. The Occupy Movement is in it for the long haul.
·   If you have an idea, share it with more active members. Your creativity may spark an entire new strategy.
·   If someone bad-mouths the Movement, have a comeback ready that you can say, that will neutralize the negative. (ie: “Those Occupiers are lazy; they should get a job”. You could say, “I think a lot of them are students, retirees or unemployed who want to work and some DO have jobs.”)

· Encourage others who can, to become active in the Occupy Movement.

· There can be safety in numbers at large scale demonstrations. Come on out. Bring the kids and the dog. And if they do identify you, say “Demonstrating? No Sir! I was just walking and found myself in the middle of this thing.” J

· Volunteer at organizations that support the social safety net for the 99%; a domestic violence shelter; tutor or mentor a child who has less then you; the local senior citizens’ center; a homeless shelter; adult education centers; food pantries, etc. They are less controversial, yet support the very things the Occupy Movement stands for.

Lastly, I will leave you with a Mario Salvio quote. Maria Salvio was a leader of the student movement in the 60s.

There's a time when the
operation of the machine becomes
so odious—makes you so sick at
heart—that you can't take part.

You can't even passively take part.

And you've got to put your bodies upon the gears and upon
the wheels, upon the levers, upon
all the apparatus and you've
got to make it stop.

And you've got to indicate to the people who
run it, to the people who own it, that unless you're free, the
machine will be prevented from working at all”

Who Are My Brothers and Sisters in the Struggle for Justice?

2011-12-05T12:46:00.014-06:00

Updated 12/7/2011 11:33 AM
It is impossible for me to express the degradation I feel. A progressive group put on a one-day workshop Sunday. I was not allowed to go. My friends went; my husband went; but not me. I wasn’t excluded because my big mouth got me in trouble again; not this time. I could not attend because a left-leaning group of people made a decision to have the training in a three story building with no elevator. No way to get in; no way to participate.

We with mobility disabilities know better than to show up to an unfamiliar location and expect to get in; we who are deaf or hard of hearing know better than to show up at a meeting and assume an interpreter to be there; we who are blind know better than to show up and expect to receive materials in alternate formats.

A week and a half ago my husband and I learned about the training; we signed up and worked on carpool details. We were excited about heading out of town for the event. I was positive it was not going to be a problem; this was after all, put on by a group of freedom fighters. But caution and experience made me ask about accessibility.

The organizers assured me, that accessibility was a grave concern to them; they discussed it at length. But in the end they decided to have the training in an inaccessible location. They thought the fact that they struggled over the issue should make me feel all better. I should understand that they are trying to do a good thing. I should quiet myself, settle down, and stay home. Maybe next year…

Being quiet is not my long suit. In the next set of exchanges, I suggested that they could have postponed the training until they found an accessible site. From the tone of their electronic communications, they felt irritated or frustrated by my insistence that an injustice anywhere (by anyone) is an injustice everywhere. Their response was that the event was too close to postpone. I, in no way, was suggesting they cancel the event now; but that they should have postponed it in the planning phases until they could access a suitable inclusionary location.

They told me if they HAD TO accommodate people with disabilities they would HAVE HAD TO cancel the event altogether. I was outraged that they would be willing to blame people with disabilities, (well, not all of them, just me) for preventing the event by my insistence that they do a bit of self criticism about their discrimination. Is that not blaming the victim? I was the one facing discrimination; yet, if I kept telling them that they were wrong to exclude people, they would have to cancel and it would be my fault.

One person told me I should stop picking on the organizers who are just trying to make the world a better place. For whom? Everyone-- or just those people who were most like them? It was a bourgeois excuse. I told them that I too, was trying to make the world a better place. It was my wish to join others who were trying to do the same. Was providing free meals more important than full inclusion? It is too ludicrous to even consider.

They assured me that they had no money and had tried as hard as they could to find a free accessible location, but could not. I asked them if they had contacted the centers for independent living in the area: LINK in Belleville; IMPACT in Alton, or; Paraquad in St. Louis to help them find a location. There is also ADAPT St. Louis. They had not contacted any disability related organizations. Only one person acknowledged that I did have a point there. That particular planner gave me what seemed to be a sincere apology, but still many excuses. I thanked him for at least listening.

Watching my husband and our friends leave our house for the event early that morning filled me with emotions ranging from deep sadness to humiliation. I spent the day, locked away from the information, from the camaraderie of like-minded people, from the synergy that can only happen when people are together attempting to solve society’s serious inequities.

Now, I know that I should not feel degraded or humiliated; I know the problem is not a personal failure on my part. But, that is how it feels on the receiving end of bigotry. Marginalization gets internalized; no matter how well-intentioned the perpetrators may be. A worker feels a personal sense of failure if employers won’t hire her because she has been under or unemployed for too long. African-Americans feel it when they walk through a jewelry store. Women feel it when no man volunteers to take notes at a meeting.

What the disability and other civil rights movements did in helping me understand this, the Occupy Movement is doing for the 99% today. The fact we face systemic problems does not relieve individuals of privilege from their responsibility to fight their own privilege, whether based on race, sexual orientation, education, or disability. And, we must never let the oppressors control our sense of self.

My husband reported that at the meeting summation the organizers still did not get it. One of the organizers told him, “The complainant was happy with resolution”.

Mike responded, “The complainant is my wife… and she is NOT happy.”

The organizer flippantly tried to end the dialogue by saying, “That sounds like something you have to take care of when you get home.” Seriously? Was he saying all I needed was a good "poke" and this would go away?

That is when young man in the back of the room criticized the organizers for not taking the issue seriously, as did a minister, as did our friends who attended. They were all met with boos from the organizers supporters.

Organizers and their supporters never did exercise any criticism/self-criticism for making their exclusionary decision. They never put down their defenses to listen to what others were saying. Rather, the majority of attendees defended the organizers for their hard work; and organizers patted themselves on the back. The lack of accessibility was excused because of the lack of funds; more bourgeois blather. This was a conference for the predominately white, middle class radicals. Organizers believed they would only support their efforts if it was free.

I have been a member of small organizations that operated on left-over grocery money most of my adult life. We always had and have inclusive meetings. Their inaccessible meeting happened, not for the lack of funds, but for the lack of will.

Inclusion is just one, but an important reason I joined the Occupy Springfield Movement. To a person these young enthusiastic people, relatively new to progressive politics, (when compared to those of us who have been around since the ‘60s) inherently knew that it was wrong to exclude anyone and found accessible meeting locations to hold our General Assemblies. I should not have to feel grateful for that; but, I am. They are a microcosm of the new socialist women and men developing… And I love them.

Let’s hope that the training organizers can learn a thing or two from the people they attempt to teach.

Check out: the Invisible Backpack of Able-bodied Privilege Checklist

Crossposted at:
Occupy Springfield IL Blog
Occupy at Home

Tis' the Season...

2011-11-23T21:38:00.003-06:00

Tis' the season of conspicuous consumption; Black Friday is just around the corner. United States shoppers will spend ten BILLION dollars in the next 32 days.

Just as the Occupy Movement has changed our conversation about the distribution of wealth, it changed my feelings about the holidays. My daughters and I have not exchanged gifts for many years. We believe our gift to one another is the time we spend together. Not that we are all that altruistic; it was a matter of finances that first led us to the decision to not give gifts. Once we did it, we realized that the holidays had less pressure and more of the good stuff we liked.

Now that we have a nearly four yr. old granddaughter whom we adore, we had to re-think our non-gift-giving tradition. That is until we saw the bounty of her first Christmas. The outpouring of love in the forms of gifts from mom, dad, auntie and grandparents was so overwhelming that gifts from Santa were lost in the pile. So we decided that the delayed gratification of a savings account in her name would be better than things that went blinkie-blinkie. I got savings bonds as a kid and did not appreciate them one bit; until I was able to use that lump of cash for the down payment of my first home. We can wait for her to feel the same.

Back to the Occupy Movement

The official unemployment rate is hanging around 9%. However, when the underemployed and the discouraged are added to the numbers, the unemployment rate rises to 16.6% according to The Bureau of Labor Statistics, a unit of the Labor Department. I cannot prove it, but that number probably does not include working aged adults with disabilities who say they want to work; their unemployment rate is nearly 70%.

Banks and Mortgages companies have foreclosed on two and one third million homes since 2007; and the numbers continue to grow. At the same times they amass record profits. Big money buys politicians big and small.

The Occupy Movement was born because of these inequities of wealth and poverty, of disenfranchisement and moneyed influence. Michael and I got involved with Occupy Springfield, IL. The group shook me from my lulled sense that I have done my justice work and it was someone else’s turn. We cannot change the corporate/congressional unholy marriage, unless we ALL take a stand. And that includes thinking about what you are buying, where it came from, who made it, and if it perpetuates the disparities in this country.

So, before you begin to check items off your holiday list, let me make a few suggestions:

If you have to buy something, think about buying “Made in America”.
Buy locally: Pottery or glasswork from a local art alliance; theater tickets to a local production; gift certificates at a neighborhood restaurant.
Make a donation in a loved-ones name to a PAC that wants to change the status quo.
Plant a tree in someone’s name.
If you are young and spry, clean a relative’s gutters, paint a room, buy seed packets and attach a note saying you will be there in the spring to plant them.
Make a donation to the Heifer Project. It is a wonderful program working to end hunger in third world nations, and
Be creative. Think of something yourself, and post it below so we can all benefit from your ideas.

Let’s not skip though this season without thinking of the environment we in which we currently find ourselves. Let’s be more socially aware and make our gifts reflect our commitment to “the least of us” rather than the corporate giants who caused this current crisis.

Lastly, I will make a shameless pitch for the occupy movement. As of Nov. 23, 2011, at least 4,180 documented arrests in 61 cities. Make a donation to a bail bond fund.

Happy Holidays!

The Bad Samaritan: Low-Life Refuses to Respond to Giffords Shooting

2011-02-18T12:18:00.010-06:00

U.S. Congresswoman Gabby Giffords was shot in the head January 8, 2011. An internal Tucson city memo unearthed February 17, 2011, revealed that Mark Esktrum, a 28-year old veteran of the Fire Department, refused to go to the scene of the shooting. Why? Esktrum shucked his sworn duties citing political differences between himself and Giffords.

Seriously?

The Arizona Daily Star reports, an internal Tucson city memo states that Esktrum “started to say… he had a much different political viewpoint than the rest of the crew and he was concerned.” Fire Capt. Ben Williams wrote in a memo that when Esktrum told him he would not go on the call, "he mentioned something about 'political bantering' and he did not want to be part of it." Esktrum told the Captain he was going to be sick for the rest of the day. His squadron had to go to another fire department to pick up a replacement before going to the scene of the shooting.

Humanity, just basic humanity, compels us to be better than that. His hatred for Giffords political beliefs were so strong, he felt somehow justified to ignore Giffords and the other killed and injured in the mass shooting.

It makes me wonder about the care and service Esktrum gave others who might not agree with him, or be like him. Did he let an African-American’s house burn a longer by not directing the fire hose directly on the hot spot? Did he treat people with disabilities less inhumanely than able bodied people? All his actions become suspect.

I’ve read several news sources about this story and none say if Esktrum is a tea-partier, but my guess is, he is. I feel relatively comfortable making broad brush judgments about this scumbag, since he had no trouble making them about Giffords. The callousness of his actions mirror those tea partiers who claim Christianity but do not believe they are their “brother’s keeper.”

This reminds me a story I learned as a child.

A man asks Jesus, "…who is my neighbor?"

Jesus said: A Jewish man walked along a road. He was coming from Jerusalem and was heading to Jericho, a two-day walking trip.

The road was rocky and hilly. The man was walking and enjoying the nice day when suddenly a group of men jumped him. They took all his belongings and tore off most of his clothes. They beat him very badly, and left him lying and bleeding on the side of the road.

A few minutes later a priest was walking down the same path and noticed the man lying on the side of the road. He crossed the road and walked on the other side and acted like he didn't see the man.

Later another man called a Levite; (Levites assisted priests) was walking down the road. He slowed down and walked a little closer to the man, but then kept walking without helping him at all.

Then a Samaritan walked toward the injured man. Jews and Samaritans didn't get along well. But as soon as the Samaritan saw the injured man he went over to him and felt compassion for him. He put bandages on his sores and poured oil and wine on the sores to prevent them from getting worse. Then he lifted the man onto his own donkey and took him to a hotel to take care of him.

The next day the Samaritan gave the innkeeper enough money so the man could stay at the hotel and receive care for two months. If he wasn't better after about two months the Samaritan told the innkeeper he would come back and pay for any extra cost.

Jesus asked the group, "Which of the three men do you think was a neighbor to the man who was left beaten on the side of the road?"

A man replied, "The one who had compassion and helped him." Jesus told him, "Go and do the same."

Esktrum and every so-called “Christian” legislator in Illinois, New Jersey, Ohio, Arizona and Wisconsin should read the parable and examine their own actions. So should the “Christian” US legislators as they give tax breaks for the richest 2% in the land, wage war against the poor, and cut social programs.

Ever out for his own interests, Mark Ekstrum, quickly retired two days later, as the department was deciding what kind of disciplinary action they should take against him.

Is U.S. Immigration Policy a Disability Issue?

2010-11-04T11:14:00.004-05:00

Hang in there with me on this one. It is a horrifying and complicated story.

I just finished reading a 62-page Petition filed against the U.S. Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), for the illegal deportation of a disabled citizen. No one could make this story up. It covers the gamut of bigotry: racial profiling, indifference to and manipulation of a person with a disability, and several violations of the person's constitutional rights.

The Gist of It
Mark David Lyttle is a 33 years old man who was born in Salisbury, Rowan County, North Carolina to parents of Puerto Rican descent. He is a U.S. Citizen with all the birthrights to life, liberty and the pursuit of happiness that any person should enjoy. Because of an abusive home life, he was taken from his birth parents and adopted by the Thomas and Jeanne Lyttle when he was seven.

Mark is a person with multiple disabilities. He is bi-polar; has type II diabetes; cognitive delays; and significant reading, writing, comprehension, visual processing, conceptualization and memory disabilities. He does not speak Spanish.

The U.S. Department of Immigration deported Mark Lyttle to Mexico. Until is deportation, he had never been outside the U.S. What followed was four months of torment, wandering in and out of four Central American countries. Finally one sympathetic bureaucrat took the time to check out his claims. She found Mr. Lyttle's family, who were looking for him, but was unaware of what had happened to him. She issued him an U.S. Passport and sent him home to his family. That should have been the end of the story. Instead, it is just the beginning.

All this information comes from a Petition filed with the U.S. District Court, Northern District of Georgia, Atlanta Division. The disability language used in the petition is what you can expect from people who are not in the movement. Be prepared to cringe. If you want to read the entire petition, email me at bignoiseblog@gmail.com and I will send it to you.

The Details
I've tried several ways to tell Mark Lyttle's story; it such a complicated and convoluted story, I finally settled on just telling it in chronological order. It makes the piece a little longer, but it is much easier to follow.

In the summer of 2008 Mr. Lyttle was a patient at Cherry Hospital (a psychiatric hospital in Goldsboro, NC). While there he was charged with inappropriately touching a female attendant and subsequently convicted of a misdemeanor charge of assault on a female. It wasn't his first brush with the law; his disabilities make it difficult for him to get along easily in society.

August 14, 2008: Mark Lyttle was sentenced to 100 days at the Neuse Correctional Center. He started serving that sentence on August 22, 2008. Because of his “obvious cognitive disorder” He was placed in the prison's mental health ward.

September 2, 2008: For reasons known only by ICE and Neuse Correctional Center, Mr. Lyttle was “apprehended” and interrogated by an ICE agent, without a witness present, an ICE rule. She gave him an assumed name of Jose Thomas, noted she believed the name Mark David Lyttle was an alias, and that he was a native of Mexico. She listed his home address of an assisted living facility in Elizabeth City NC. She also noted he entered the US without permission at age three. Where or how she got that information is unclear.

When she finished her interrogation, she did not let Mr. Lyttle review the entries on the “Record of Sworn Statement in Affidavit Form” on Jose Thomas, or get him help to understand anything that happened. The form includes the question if the subject is eligible for special status program; the agent wrote, “Mental illness and bipolar.” She instructed him to sign his name. He complied by signing his real name, Mark Lyttle.

September 4, 2008: Just two days later, the agent searched several computerized databases, found no record of a Jose Thomas, or that Mark Lyttle had ever used an alias.

September 5, 2008: The agent did a search of his criminal record that produced several entries indicating that Mark Lyttle was a U.S. citizen and had a valid Social Security number. Still, no finding of him ever having or using the name Jose Thomas.

Despite the evidence, another ICE agent signed a “Warrant for Arrest of Alien” and a “Notice of Intent to Issue Final Administrative Removal Order”. The documents show that ICE had already determined Mr. Lyttle was not a citizen of the U.S. ICE declared him a native of Mexico, and was deportable (sic) because he was convicted of aggravated felony.

To summarize: In three short weeks, Mark Lyttle went from serving a 100 day sentence for a misdemeanor, to being detained by the Department of Homeland Security until an immigration judge reviewed his status. All this happened to him without the benefit of any help, support, or legal representation. No one read or helped him understand the forms he was manipulated into signing. ICE continued to call him Jose Thomas, Mark continued signing all the documents with his real name.

ICE notes continued to note that Mr. Lyttle had a valid Social Security number.

September 23, 2008: One month and one day after beginning his misdemeanor sentence, He was transferred to the New Hanover Correctional Center. A week after that, he was transferred again to Greene Correctional Center where he was scheduled to be released about October 28, 2008.

October 28, 2008; He was not released. He was delivered into ICE custody and transferred to Stewart Detention Center; a place to house people awaiting determination of their immigration status.

November 3, 2008: In yet another interrogation by an ICE agent, Mark Lyttle stated definitively he was a citizen of the U.S., not a Mexican citizen. The agent noted that Mr. Lyttle was “a native of and citizen of the U.S.”

November 5, 2008: Nonetheless, ICE decreed that Mr. Lyttle should be deported. Why? The Petition states that it was because he had criminal convictions. Hell, I guess the U.S. could deport Scooter Libby for the same reasons... oh, no. They would not do that to Scooter. He's not brown.

Also on that day an agent filed a Notice to Appear for a Removal proceeding by an immigration judge, speeding up the process by removing a step; a hearing to see if the case was valid.

November 17, 2008: Mark Lyttle attempted suicide. Tragically sad, but not surprising considering what he was going through, the callousness of his treatment, and the lack of any sort of support whatsoever.

Georgia Public Health laws require that incarcerated people cannot self-medicate. Their medications must be distributed, one pill at a time. On this date, staff gave him a bottle of 60 Glucophage tablets. He was to take one a day to control his type II diabetes. Back in his cell, he took all of them. His life was saved after being rushed to Doctors Hospital in Columbus, GA.

December 9, 2008: Without the opportunity to present evidence and without legal representation, a judge issued an order that Mark Lyttle should be “returned” to Mexico. Under the law, judges are prohibited from doing just what was done to “unrepresented, incompetent respondents. Homeland Security is also prohibited by law to file charges on a person known to be “mentally incompetent.”

December 12, 2008: Yet another agent did a database search and found several references to Mr. Lyttle's Social Security number and that he was born in the U.S.

December 18, 2008: ICE took Mark Lyttle by plane to Hidalgo, TX, forced him to cross the border on foot, in his prison-issued jumpsuit. He had three dollars in his pocket.

Four Months in Central America
December 29, 2008: Mark had spent the proceeding days begging for food and sleeping in the streets. On this date, he tried to cross back into the U.S., at the same place he was dropped off. He was insistent about his U.S. Citizenship and residency in NC. So, Custom Border Patrol (CBP) looked him up in the database, saw he was a “prior deported alien” and that he had been returned to Mexico. He was not allowed back in.

Eventually, missionaries picked him up and moved him to Mexico City. They told him to find the American Embassy. Instead, Mexican Immigration officials arrested him for being unable to prove his Mexican citizenship and deported him to Honduras.

I am not making this up.

In Honduras, immigration officials arrested Mr. Lyttle and put him in an immigration camp, then transferred him to another. It was in Honduras, where Mr. Lyttle endured ”severe, harsh... and inhumane” physical and mental abuse. The Petition does not go into detail about what abuse, but it doesn't take much of an imagination to think what that might include.

Apparently, the Honduran media got wind of the story and the public outcry was so strong, they released him from jail. He was also arrested in Nicaragua because he could not produce any papers.

After four months he wandered and was in and out of jails and shelters. Eventually he ended up in Guatemala and found the U.S. Embassy. It was there that one person took the time to listen to him. The Embassy verified his identity, and contacted his brothers (both serve in the military). The brothers faxed the necessary forms (birth certificate, adoption records). The Embassy issued Mr. Lyttle a passport within 24 hours, booked him on a flight to Nashville to reunite with his family and on April 22, 2009, Mark Lyttle left Central America for home.

It's not the end of the story. Not even close!

Unfortunately, he had to travel through Atlanta GA customs. No surprise, CBP detained him because he was in the database as a deported alien. He told his story to the customs agents, who filled out a form, “Record of Deportable (sic)/Inadmissible Alien.”

April 23, 2009: ICE again issued an expedited removal order against him. But this time, his family was looking for him, since he did not arrive at the airport in Nashville. His brothers hired an attorney in Atlanta.

April 24, 2009: Mark David Lyttle is finally and forever (or until they racial profile him up again) released from ICE.

April 28, 2009: Mr. Lyttle's attorneys filed a motion to terminate efforts to ever deport him again.

October 2010: Attorneys for Mr. Lyttle filed a case in U.S. District Court against several agencies and individuals within the Department of Homeland Security for violating his fourth, fifth, fourteenth amendments rights, false imprisonment, negligence and several other crimes.

To date no one from the DHS, ICE or CBP has provided an explanation, or apologized to Mr. Lyttle for their actions.

Is this an isolated case? How often is it happening? What is Homeland Security doing, if anything, to create safeguards for people with cognitive and/or mental disabilities?

I will attempt to answer those questions in a second installment, in a few days.

Why Vote Tomorrow

2010-11-01T09:53:00.012-05:00

I received this as an email. It was so good, I had to put it on my blog.

This is the story of our Mothers and Grandmothers and Great Grandmothers who lived only 90 years ago.

Remember, it was not until 1920 that women were granted the right to go to the polls and vote.

The women were innocent and defenseless, but they were jailed nonetheless for picketing the White House, carrying signs asking for the vote.

And by the end of the night, they were barely alive.
Forty prison guards wielding clubs and their warden's blessing went on a rampage against the 33 women wrongly convicted of 'obstructing sidewalk traffic.'

(Lucy Burns)
They beat Lucy Burns, chained her hands to the cell bars above her head and left her hanging for the night, bleeding and gasping for air.

(Dora Lewis)
They hurled Dora Lewis into a dark cell, smashed her head against an iron bed and knocked her out cold. Her cellmate, Alice Cosu, thought Lewis was dead and suffered a heart attack. Additional affidavits describe the guards grabbing, dragging, beating, choking, slamming, pinching, twisting and kicking the women.

Thus unfolded the 'Night of Terror' on Nov. 15, 1917, when the warden at the Occoquan Workhouse in Virginia ordered his guards to teach a lesson to the suffragists imprisoned there because they dared to picket Woodrow Wilson's White House for the right to vote. For weeks, the women's only water came from an open pail. Their food--all of it colorless slop--was infested with worms.

(Alice Paul)
When one of the leaders, Alice Paul, embarked on a hunger strike, they tied her to a chair, forced a tube down her throat and poured liquid into her until she vomited. She was tortured like this for weeks until word was smuggled out to the press.

So, refresh my memory. Some women won't vote this year because - why, exactly? We have carpool duties? We have to get to work? Our vote doesn't matter? It's raining?

(Mrs. Pauline Adams in the prison garb she wore while serving a sixty-day sentence.)
Last week, I went to a sparsely attended screening of HBO's new movie 'Iron Jawed Angels.' It is a graphic depiction of the battle these women waged so that I could pull the curtain at the polling booth and have my say. I am ashamed to say I needed the reminder.

(Miss Edith Ainge, of Jamestown , New York )
All these years later, voter registration is still my passion. But the actual act of voting had become less personal for me, more rote. Frankly, voting often felt more like an obligation than a privilege. Sometimes it was inconvenient.

(Berthe Arnold, CSU graduate)
My friend Wendy, who is my age and studied women's history, saw the HBO movie, too. When she stopped by my desk to talk about it, she looked angry. She was--with herself. 'One thought kept coming back to me as I watched that movie,' she said. 'What would those women think of the way I use, or don't use, my right to vote? All of us take it for granted now, not just younger women, but those of us who did seek to learn.' The right to vote, she said, had become valuable to her 'all over again.'

HBO released the movie on video and DVD. I wish all history, Social studies and Government teachers would include the movie in their curriculum I want it shown on Bunco night, too, and anywhere else women gather. I realize this isn't our usual idea of socializing, but we are not voting in the numbers that we should be, and I think a little shock therapy is in order.

(Conferring over ratification [of the 19th Amendment to the U.S. Constitution] at [National Woman's Party] headquarters, Jackson Place Washington, D.C.]. L-R Mrs. Lawrence Lewis, Mrs. Abby Scott Baker, Anita Pollitzer, Alice Paul, Florence Boeckel, Mabel Vernon (standing, right))
It is jarring to watch Woodrow Wilson and his cronies try to persuade a psychiatrist to declare Alice Paul insane so that she could be permanently institutionalized. And it is inspiring to watch the doctor refuse. Alice Paul was strong, he said, and brave. That didn't make her crazy.

The doctor admonished the men: 'Courage in women is often mistaken for insanity.'

Please, if you are so inclined, pass this on to all the women you know. We need to get out and vote and use this right that was fought so hard for by these very courageous women. Whether you vote Democratic, Republican or Independent party - remember to vote.
(Helena Hill Weed, Norwalk, Conn. Serving 3 day sentence in D.C. Prison for carrying banner, 'Governments derive their just powers from the consent of the governed.')

History is made everyday. You can make it happen for the disenfranchised and forgotten tomorrow. Go Vote.

How to Paint A Room, While Sitting on your Rump

2010-10-31T20:59:00.008-05:00

I hear that necessity is the mother of invention; for us, necessity took the form of poverty.

We are fixing up our home, with the plan of putting it on the market in the Spring. For different reasons, Mike and I both have difficulty standing; we thought we could never do it ourselves; so we got a couple of bids to paint the six rooms we need to paint.

Yoikes, painters are expensive! Immediately after recovering from the sticker shock, we decided that we were going to become DIYers. However, there was no way we could do it the traditional way. With no other choice, we adapted the job to fit our abilities.

We just finished the living room, dining room and hallway today; and are struttin' like peacocks over our new neutral-so-buyers-can-see-their-own-stuff-in-the-room “Cincinnati Hotel Taupe” walls.

We also thought there may be others who might not think they can paint their walls, because they use wheelchairs or cannot stand for any length of time... Hence, this blog on how we did it.

I use a scooter for mobility (my new power chair is in the pipeline—can't wait); it's not conducive for painting at all, so I used our office chair. To ensure that it stayed clean, it got its very own drop cloth. It slid around the house nicely while I was painting. I do have the use of my legs; so, I could just push off in any direction with ease. I do think that power chair users who cannot push off, could use their chairs, just as easily. Unless you are really really really neat, drop cloth cover it too.

It took us about three weeks to finish the job. That is probably longer than it would take most people. Among my list of medical conditions, I have chronic fatigue. Mike has to baby his back since his surgery in June. We could only work on the project a couple hours, every other day (sometimes 3 days would pass before we got back to it). Here's how we did it:

Room Prep

I moved the furniture... in my office chair. I pulled out the small pieces, turned my office chair around, touching the furniture and pushed it backward to one end of our living/dining room.
When we finished one area, I'd push it back the same way.
Power-chair users could accomplish these tasks much easier.
We did need a little help; taping the tops and down the sides of windows and doors about a foot. The rest we could reach from a chair. We were able to tape off baseboards, and ¾ way around the windows/doors while seated.

Painting

Supplies: You will need the traditional paint supplies, paint, drop cloths, a cut-in brush and a roller (we also used a mini roller, which was good in small spaces). The adaptive technology you will need is a long-handled broom stick handle. Make sure the roller brush holders have a place to screw the broom handle. And, of course, beer.
We used a canvas drop cloth to protect the floor from spatters, drips and beer spills; because you will knock over an open one with your chair; I personally guarantee it. The chair moved easier on canvas than those thin plastic dropcloths. Don't buy a canvas drop cloth at the hardware store. Go to a fabric store (Jo-Ann Fabrics). I found canvas in the bargain bin; it was less than half the price Lowe's wanted for a smaller size. Who cares if its edges are raw and not sewn, its a freaking drop cloth! A vinyl tarp might work well too, if you have one.
Applying paint from the baseboards to over our seated heads was easy and required no accommodation, except of course that we were on our rumps.
Once we could no longer reach, we attached a broom handle to the rollers and duct taped the brush to another. We did all the roller work in a section first; then used the cut in brush for the corners and around the windows. I was surprised at how easily the high work was. Note to self: Use much more duct tape on the paint brush, or use two screws to attach the paintbrush to the handle.

Trim

We are going to have crown molding installed in the living/dining areas, (HGTV says it adds value to a house and I believe everything the Channel tells me). For that reason, we did not have to paint all the way to the ceiling.
However, in the hallway, we just painted the ceiling the same color as the walls—no need to tape off that unreachable area at the ceiling.
I even painted the smoke detector, since I could not get on a ladder to take it down. It was old and looks much better painted.
Painting around the hallway ceiling light was time consuming.
We needed help removing, then putting the light cover back on after we painted around the light.

That's pretty much it. The rooms look great. Three down, three to go. But now I feel very confident we can do it, be done by Spring. Hope “springs” eternal that we can a reap a small mint, in a depressed market ,and another family will continue the history of our current, lovely cozy home. :)

No Purchase Necessary

2010-10-29T19:57:00.003-05:00

That small print will get you every time. Mike and I went through the drive through at McDonald's and asked for a Monopoly game thingy. The sweet young thing at the window said, "You didn't buy any of the premium items, so you aren't entitled to a "no purchase necessary" Monopoly thingy.

We, as nicely as we could told, her we just read the sign, at the drive up ordering place, that the first three words under the Play Monopoly ad are "No Purchase Necessary." Poor girl, went back to the manager, who handed her a piece of paper. She, in turn, handed it to us.

In a size 7 font was the following:To receive a game piece without making a purchase, mail a legibly hand written, self-address stamped envelope (SASE) with sufficient postage and a return address (first and last name, street address, city, state and zip or postal code) to [address listed]. Do not send any... comments or questions to this address...

In even smaller print it reads: two game pieces (a total of 4 game stamps) will be mailed in response to each mail-in request that complies with the requirements of the official rules, while supplies last. Mail in requests including both outer envelope and SASE must be hand written. Outer envelope must include a return address in the upper left hand corner that matches the requestor's street address... and that's the simple directions. If you happen to live in Vermont, it is three times more complicated.

Then in all caps on the front side in large lettering is the pharse "No Purchase Necessary". I nearly peed my pants.

I just heard on Keith Olberman that Ohio McDonald's employees received a letter saying they had to vote republican... And they should, afterall, we need people in congress who are willing to keep the term, NO PURCHASE NECESSARY, mean the exact opposite.

I can't blame the folks at the store. They don't make the policy. And, It's not just McDonald's; it's generally accepted corporate policy to lie to those who enrich them.

Please vote in your own best interests on Tuesday, rather than voting to enrich the corporate giants.

Cross posted on my Facebook page.

WTF: Too Disabled to Fly?

2010-10-18T15:14:00.019-05:00

I just read an article that said Johnnie Tuitel, a guy who has already flown over 500,000 miles, is now suddenly too disabled to fly alone. Johnnie is 47, has CP and uses a power chair for mobility and lives in Grand Rapids, MI. Apparently, the gate attendant believed he would be a risk to other passengers. If he wanted to fly, he would have to buy another ticket for a “caregiver”. Evidently, he was able enough to get himself to West Palm Beach, through the airport, through security, and to his gate alone, but poor Johnnie can't fly. Why I oughta...

On the other hand, I'm not too crazy about disabled inspirational speakers; but hey, it's a living. Johnnie has trademarked himself as “America's Pioneer Handicapitalist”. [Oh, wait, I just threw up a little bit in my mouth.] I would be tempted to discriminated against disabled inspirational speakers; but, that's not why Johnnie didn't fly.

Johnnie was already seated when a U.S. Airways ground attendant forced him to leave the plane, just before it left the gate from West Palm Beach Airport in Florida. He was on his way to the National Self Advocacy Conference in Kansas City to speak. He missed the gig. Two days later he took another flight, but missed his session at the conference. So, of course, he didn't get paid. Bummer, but you can expect that when you enable capitalist companies to discriminate against you.

Tuitel said: “I was raised to believe I could grow up doing what I wanted to do and it didn't lead me to any entitlement. By them denying me the ability to fly, I couldn't do my job.” More about that later. He also stated, ”Second of all, the people that made the decision are not medical doctors.”

The ground attendant's rationale: “If something were to happen, Tuitel would be unable to help himself or anyone else.” US Airways said the ground attendant had been following airline guidelines for disabled passengers.

Valerie Wunder, on behalf of US Airways said: “The airline requires that the passenger has to be physically able to assist himself or herself in the event of an emergency. If the passenger cannot, the airline requires that someone else travels with the passenger who can provide assistance in the event of an emergency.”

The Problem with Being Inspirational

Tuitel was dissed for sure. His rights were violated. He was humiliated and suffered a financial loss because of discrimination. Tuitel said he was not going to sue the airline.

Earlier in this piece I quoted Tuitel saying, “I was raised to believe I could grow up doing what I wanted to do and it [being disabled] didn't lead me to any entitlement.”

Entitlement, man, is the name of the game!

Johnnie, If you tell people to pull themselves up, work hard, be like Johnnie, you can do anything if you try hard enough; you deny the systemic discrimination that thrives in the world against people with disabilities and other minorities. You can't say, it does not exist. You cannot ignore it and strive to climb over it. It's you against society. You, as an individual, will always lose; just as you did with US Airways.

The only reason he was able to travel through an airport unescorted is because our people broke that barrier down. Every accessible place he goes to, is there because our people made it accessible for him. The only reason he is an entrepreneur, is because our people demanded the right.

The only way to overcome baseless discrimination is to demand what you are entitled to. The only way to do that is to ORGANIZE against the mainstream and demand your rights. You can't charm your way, or speak your way, or ask politely for your birthrights. You must demand them; because, baby, US Airways, or CitiBank, or McDonald's does not speak to people with disabilities best interests.

We can hope US Airways will become more disability friendly, but they won't; unless we barrage them with demands that they do. Frederick Douglass taught us well when he said, “Power concedes nothing without a fight”. To begin the barrage visit: http://www.usairways.com/Forms/CustomerRelations.aspx and start complaining!

I also hope Mr. Tuitel stops being so damned inspirational and starts advocating and organizing others to demand their rights as a class of people who deserve them, instead of individuals who can achieve their rights if they try harder, on their own. His dedication to upholding capitalism, despite capitalism denying him his rights, means he's part of the problem, not a solution. We can take a lesson from the gay/lesbian community... gay marriage will happen in the US, not because capitalism said, "sure, let's do the right thing."

Second of all, if most medical doctors had to make the decision about whether or not Johnnie could fly, little Johnnie would be institutionalized.

UPDATE: 8:00 PM. U.S. Airways agrees to discuss policy changes with West Michigan man they booted off flight for being 'too disabled to fly'

Dedicated to Mike Ervin, who got me off my ass to start blogging again! Thanks Mike.

I'm just like you... I don't think so!

2010-10-11T13:10:00.010-05:00

Updated: 10-11-10, 3:45 pm

Christine O'Donnell's newest commercial says, “I am not a witch. I'm you... I'm just like you.” She's trying to separate herself from her Bill Maher moment when she said, on camera, that she dabbled in witchcraft. I'm not like her, I'm not a witch (apologies to witches).

This is the same Delaware Tea Party Republican Senatorial candidate, who said she has top secret information from Chinese missionaries, that China has a plan to overthrow the U.S. It would be rare indeed that missionaries would be privy to China's long term world domination “strategery” plans. I don't buy that.

O'Donnell believes that masturbation equals infidelity. Nope, I do not buy that either.

So, if O'Donnell is not me; who is she like? Well, this newest political ad did remind me of someone. Her name is Linda Tripp.

She also said “I'm just like you” during her 15 minutes of infamy. Linda was the phoniest of best friend to Monica Lewinsky, President Clinton's intern girlfriend.

Tripp befriended Lewinsky only to learn more about Lewinsky getting cozy from then President Clinton, and profit from it. She convinced Lewinsky that she was helping, supporting, and looking out for her (Lewinsky's) best interest. Tripp tape recorded all of Lewinsky's phone conversations, urged her to hold on to the “stained” dress (rather than sending it to the cleaners as Lewinsky planned) wore a wire, went shopping for a publisher, and had leading conversations with Lewinsky almost daily, among other offenses against human dignity. She committed the ultimate betrayal of friendship, and her actions were as flagrant as a school yard bully.

Clinton and Lewinsky behaved stupidly. Tripp behaved despicably. Among all the infidelities, tricks, manipulations and lies related to the matter by many people; Linda Tripp's lack of a moral compass was glaring.

The response to Tripp's unfaithful, duplicitous, and nonexistent friendship was swift, brutal and on target. After a few days of being hounded by the media, She made her, “I'm just like you” speech.

The overall amorality that O'Donnell and Tripp share is that they will do anything, and say anything, to get what they want. They are NOT like most people, who are decent, loyal, and truthful. I hope Delawareans will remember that on election day.

How Much Are We Worth?

2010-03-28T22:13:00.020-05:00

In 1937, the US Congress passed the Fair Labor Standards Act (FLSA). This legislation allows people with disabilities to be paid less than the minimum wage. Prior to the 1960s disabled workers made $1.60 an hour. After that the law changed to pay disabled, "commensurate" wage, a very differnt way to calculate wages.

At a recent meeting I sat next to a man who had worked at a sheltered workshop and received his "legal" “commensurate wage”. A commensurate wage is the rate you work compared to someone with a disability. Therefore, if he worked 20% as fast as a non-disabled employee, he would receive 20% of a non-disabled workers wages.

He worked for two weeks and looked forward to payday. When he finally received it, he stopped talking. When he got home, he went into his room and cried uncontrollably… for a long time. He kept asking himself, “Is this all I am worth? Is this my value on this earth?” For two weeks, he earned less than two dollars. It thoroughly depressed him; it was stunningly hard to get over. Through support and friends, he began to realized he was not worthless, the system was.

Congressional Report on Subminimum Wages for People with Disabilities
I significantly edited, “Concluding Observations,” the summary report from the Congressional Research Service in 2005. The published 38 page report (linked below) by William G. Whittaker is titled, “Treatment of Workers with Disabilities under Section 14(c) of the Fair Labor Standards Act” (FLSA). Congress uses reports like these to educate themselves, set policy, and change laws. It partially reads:

Two issues from the 1980 hearings [arose]… the role of work activities centers (WAC) and calculation of a commensurate wage rate.

Largely, Section 14(c) issues involve wages. How much must employers pay disabled workers in sheltered jobs? Even concern about separation of the workshops from the Work Activity Centers (WACs) has been largely wage-based. The wages in question have always been minimal.

As noted above, the wage rests upon a foundation of individual worker productivity, however measured. Also, disabled workers are often engaged in group work, where personal productivity may well be beyond their own individual ability to control.

Although there is testimony, largely anecdotal, that the workers engaged in sheltered employment through recent years are more severely disabled than those of earlier periods, However documentation is not available. The degree of worker satisfaction with sheltered employment probably can’t be shown with any reasonable accuracy either.

Much of the administrative structure supportive of Section 14(c) is at its base, an issues of wages. Finally, in theory, options for appeal of wage determinations that are poorly documented, rarely used and does not receive DOL priority attention.

Since the mid-1960s at least, the severely disabled may find themselves striving to meet challenges that are beyond their capabilities, the less severely disabled may be subjected to a collectively calculated sub-minimum wage. Though workshop managers find it useful to deal with the disabled as a homogenous group, but, it is more reasonable to distinguish between levels of disability.

The Section 14(c) sub-minimum wage option is rooted in the premise that, in order “to prevent curtailment of opportunities for employment,” a wage rate “lower than” FLSA minimum may be justified. There is little hard evidence whether or not a reduced wage rate prevents curtailment of work opportunities.

Some argue, the option of paying lower wages, encourages employers more readily to hire the disabled and to spend the time to deal with their presumed idiosyncrasies. Whatever their productive level, the sub-minimum wage opens the door to employment: thus — an opportunity wage. Some argue that the sub-minimum wage option inflicts an additional burden: the disabled worker must prove that he is sufficiently productive to merit at least the minimum wage; a worker without a recognized disability is presumed to be worth at least the FLSA minimum.

Some may view the progression from the client, to the worker in the workshop, and to the worker in competitive industry as a continuum. WAC compete for contracts to sustain their nonprofit activities. Thus, while they seek to transition their clients into competitive industry, they may at the same time be reluctant to lose their best workers. In practice, do the managers of workshops and WACs regard themselves as corporate CEOs, as social services workers, or both — and, do these several identities sometimes clash?

Making commensurate wage rate determinations is a technically challenging task. It is not clear, that workshop operators/managers have the expertise effectively to implement such a wage structure. Nor is it clear that the DOL, has the means necessary to effect compliance.

A variety of policy options might be considered by Congress in dealing with this matter. In addition, other options might include:

developing additional financial subsides for those in sheltered employment;
attempt to establish a clearer distinction between rehabilitation, with different patterns of activity for workers and for clients or patients engaged under Section 14(c);
reconsideration of the concept of minimum compensation (and commensurate rates) in the Section 14(c) context; or
elimination of the Section 14(c) exemption entirely; or
decide that no remedial action is warranted

[emphasis added]

Ironically, this document ends, just as I left it; without a period. I have no idea if Mr. Whittaker meant to leave the discussion open. But, it feels prophetic.

It was as if he knew the work must go on. Since 2005, nothing has happened with subminimum wages for workers with disabilities. Perhaps now is the time to set an end date.

What Disability Organizations are Saying about Subminimum Wages

TASH set a date of end of 14(c) certificates by 2013
National Disability Rights Network, in their 2007 legislative agenda:
Eliminate the payment of Subminimum wages by amending section 14c of the FLSA; plus other recommendations.
Framing Disability Policy, National Center on Workforce and Disability in their 2001 report suggests: Iliminate the 14(c) certificate and subminimum wage option. It would require congressional action. Emerging Best Practices in customized employment across diverse work settings provide compelling reasons to reevaluate and rationale for cintinuation of the 14 (c) process
The Justice for All Action Network calls for a plan to implement a carefully structured, time limited phase-out plan so the 434,000 currently employed under 14 (c) are not harmed. They also all for a "planned partial obsolenscense of the program and to discontinue issuing new certificates by 2013 among its recommendations.

Put a period at the end of subminimum wages. There must be a threshold below which no worker, no matter how disabled, no calculation of a commensurate wage rate must fall. Period.

See Full Report http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1211&context=key_workplace

Preventing Worker Exploitation: Protecting Individuals with Disabilities and Other Vulnerable Populations

2010-02-28T20:14:00.003-06:00

Excerpted Testimony of Curtis Decker, Executive Director, National Disability Rights Network to U.S. Senate Health, Education, Labor and Pensions Full Committee Hearing, March 9, 2009

The concept that individuals with disabilities should be earning less than other workers is an outmoded concept with its origins in the creation of the Fair Labor Standards Act of the 1930’s, a time when veterans and other people with physical disabilities were seeking factory jobs in the manufacturing industry. But our world has changed significantly since the 1930’s.

Services and supports for individuals with a disability that were only a dream in the 1930’s are now a reality. The creation of assistive technology devices, advances in supported employment services, experience in the use of behavioral supports, and the concept of reasonable accommodation were not considered in the 1930’s. Subsequent amendments to the § 14(c) provision in 1966 and 1986 failed to take into consideration these advancements.

It is inappropriate to single out and stigmatize workers with disabilities, especially in an era of demonstrated progression in thinking about disability through passage of such legislation as the Assistive Technology Act [this page has a read aloud feature for any user], the Americans with Disabilities Act, [summary, easier to read] the Ticket to Work and Work Incentives Improvement Act, and the strengthening of Section 504 of the Rehabilitation Act.

Employers such as Hyatt Hotels and Walgreens continually prove that individuals with a disability can meet the productivity and quality standards required of these businesses, and thus earn the minimum‐wage or prevailing wage for their position.

From a public policy perspective, we should ask the question: if the § 14(c) waiver did not exist, is it something Congress and the disability community would devise today? I believe the answer to that question is “no.” That said, we must be cognizant of the consequences an immediate abolishment of section § 14(c) would have on current employees and employers, as well as individuals with significant disabilities.

We must work together in the short term to improve the § 14(c) provision while Congress, the Department of Labor, disability service providers, disability advocates such as the P&A/CAP network, and others evaluate the efficacy of the § 14(c) provision.

NDRN has been working in conjunction with our affiliates, the Client Assistance Program and Protection and Advocacy systems in Iowa, Texas, Illinois, Indiana, Georgia, Missouri, South Carolina, and Wisconsin regarding the recent discovery of frightful work and living conditions for employees at Henry’s Turkey Farm in Atalissa, IA.

We have also worked closely with Client Assistance Program and Protection and Advocacy systems such as Hawaii, Kansas, Louisiana, Nebraska, North Dakota, Oregon, and Washington in the past on wage and hour violations.

While the exact facts surrounding the Atalissa incident are still unclear, it’s impossible to ignore the systemic flaws that have been uncovered. In Atalissa, the weaknesses of § 14(c) and a lack of oversight enabled Henry’s Turkey Service to exploit the labor of individuals with disabilities in order to increase the profit of the business. This is outrageous.

Henry’s Turkey Service is certainly the catalyst for this hearing, but updating employment regulations for individuals with disabilities is long‐overdue. But, this is not a new issue. A Government Accountability Office report in 2001 highlighted many shortcomings in the § 14(c) waiver provision. The same year, the Department of Labor Inspector General also conducted a review of how the Wage and Hour Division issues and oversees the wage certificates allowed under § 14(c) and offered specific recommendations. Since then, some progress has been made to improve oversight of the certificates.

Among other improvements, the Department of Labor has worked to eliminate redundancies in their § 14(c) records and better verify accuracy. The Wage and Hour Division is now tracking the number of staff hours their investigators devote to the special minimum wage provision and use this information to better manage employers who possess the § 14(c) wage certificate.

Additionally, employers are now provided with written guidance for § 14(c) requirements and other technical assistance.

While the Department of Labor took positive steps to improve § 14(c), Henry’s Turkey Service lingers as an ugly reminder that more is still required. Inadequate oversight and compliance at worksites covered by a § 14(c) certificate still continues. To address this, NDRN offers the following recommendations:

The guidelines for employee evaluations must be more explicit and standardized.
A system of transparency must be enacted. Current data is not easily accessible, and making a FOIA request is a lengthy process and requested information cannot be received in a useful time frame or fashion.

Critical information about the § 14(c) program should be on the Department of Labor’s Web site, and presented with clarity and in such detail that red flags can be detected. For example, for worksites operating with a § 14(c) certificate the percentage of employers operating under the certificate, the productivity level of these individuals, and the dates for which the certificate renewed must be easily accessible. Current regulations require the employer to maintain these records so assuring better accessibility would not represent an additional burden. Information about employers which held a § 14(c) certificate that has been revoked, not renewed, or expired should also be made easily available.

Clearly enforcement of the § 14(c) program needs to improve. However, just increasing enforcement of these provisions by the Department of Labor is not enough. Independent oversight of the program provided by the Client Assistance Program and Protection and Advocacy network is warranted. Specifically, CAPs and P&As should be allowed access to §14(c) sites to ensure individuals with disabilities are being treated fairly, without having to maneuver difficult hurdles.

Another concern for employees with disabilities is the deduction from cash wages to cover room and board provided by an employer. Though allowed under the FLSA, to expose violations for individuals with disabilities who could be subject to exploitation, intent to make deductions should be noted on § 14(c) applications. Deductions for room and board should not be handled by the same entity. This would disincentivise exploitative room and board charges which re‐claim most of or all wages paid to employees, a practice that should have expired alongside sharecropping and indentured servitude.

The role of the Office of Disability Employment Policy (ODEP) is currently vague. The role of ODEP should be clarified through statute and include a mandate to work with the Wage and Hour Division to oversee enforcement of § 14(c) wage certificates. ODEP’s experience working on disability and employment issues could be better utilized to assure the proper implementation and enforcement of federal employment laws under Department of Labor’s jurisdiction which impact individuals with disabilities, such as § 14(c). In fact, ODEP has already funded an analysis of the § 14(c) wage certificates in terms of Community Rehabilitation Providers, a training assistance center on sub‐minimum wage, and expansion of the role of the office to assist with enforcement is a logical means to address the shortfall in oversight by DOL.

Lastly, for employers to take their responsibilities more seriously, stiffer penalties must be enacted. Though Department of Labor statute allows for revocation of a § 14(c) certificate as far back as the date of issuance or date of a violation, there is no clear provision to obtain liquidated damages for violations of Section § 14(c).

The Section § 14(c) waiver program is just one piece of the puzzle of employment for individuals with disabilities. In order to reach a comprehensive solution, we need to ultimately examine a number of issues including access to supports and services, disincentives to work within the Social Security program, and archaic attitudes by some service providers.

Thank you again for holding this hearing. I look forward to working with you and your colleagues in the House and Senate to address this issue.

From: http://help.senate.gov/Hearings/2009_03_09/Decker.pdf.

Arizona Eliminates Sub Minimum Wage Certificates FAQ

2010-02-25T21:08:00.004-06:00

LAST REVISED 12/30/20081

Frequently Asked Questions and Answer

Under A.R.S.23-364(A), which became effective January 1, 2007, the Industrial Commission of Arizona was given the authority to enforce and implement the Arizona minimum wage. The following questions and answers flow from the language of the minimum wage initiative (2006 Proposition 202) and the final administrative rules under Title 20, Chapter 5, Article 12 which became effective on January 12, 2008.

What is Arizona’s minimum wage?
Effective January 1, 2009, Arizona’s minimum wage will be $7.25 per hour. Every employer covered under the Act is required to pay each employee wages not less than this amount. Arizona does not provide for a training or sub-minimum wage for different classes of employees (e.g. young workers, students, etc.). The minimum wage shall be paid for all hours worked, regardless of the frequency of payment and regardless of whether the wage is paid on an hourly, salaried, commissioned, piece rate, or any other basis. For a discussion on the treatment of employees who customarily receive tips, please see below.

When will the minimum wage be increased?
Effective January 1, 2009, Arizona’s minimum wage will be $7.25 per hour. The minimum wage will be increased again on January 1, 2010, and increased annually every successive January 1st by the increase in the cost of living.

Do the requirements of the Arizona Minimum Wage Act apply to all employers?
The Arizona Minimum Wage Act applies to all employers except:

The State of Arizona
The United States; and
Small businesses that are not subject to the Federal Fair Labor Standards Act and which have less than $500,000 in gross annual revenue. This exclusion for small businesses under the Arizona Minimum Wage Act is very limited. Practically speaking, most Arizona small businesses will be subject to the Arizona Minimum Wage Act. This is because most employers, including small businesses, are subject to the Federal Fair Labor Standards Act.

Under the Federal Fair Labor Standards Act coverage extends in one of two ways: Enterprise coverage or individual coverage. Employees who work for an “enterprise” that is engaged in interstate commerce or the production of goods for commerce are covered under the FLSA. Likewise, regardless of the volume of sales of an enterprise (more or less than $500,000), individual employees whose work affects interstate commerce are covered under the FLSA.

Are there any exemptions under the Arizona Minimum Wage Act?
Unlike the Federal Fair Labor Standards Act, the Arizona Minimum Wage Act has very few exemptions. The Arizona Minimum Wage Act applies to any employee employed ban employer except the following:

A person who is employed by a parent or a sibling;
A person who is employed performing babysitting services in the employer’s home on a casual basis;
A person employed by the State of Arizona or the United States government; and
A person employed in a small business grossing less than $500,000 in annual revenue, if that small business is not required to pay minimum wage under the Federal Fair Labor Standards Act. This exclusion for small businesses under the Arizona Minimum Wage Act is very limited. Practically speaking, most Arizona small businesses will be subject to the Arizona Minimum Wage Act. For additional discussion of this exemption, please see the preceding question.

Does the Arizona minimum wage apply to part-time or temporary employees?
Yes. The Arizona Minimum Wage Act does not make any distinction between whether an employee is full-time, part-time, or temporary.

Does the Arizona minimum wage apply to an independent contractor?
Except for the exemptions described above, the Arizona Minimum Wage Act applies only to the payment of wages to employees. It does not apply to independent contractors. You are generally considered to be an employee if you are economically dependent on the business for which you are performing work. While no one factor or set of factors is controlling, factors showing this dependence include the degree to which the work performed is integral to the employer’s business, the degree to which the employer controls the manner or method in which the work is performed, whether the employer provides the equipment or material necessary to do your work, the degree of skill required for the work, and the permanence of the working relationship.

Does the Arizona minimum wage apply to volunteers?
No. An individual that works for another person without any express or implied compensation agreement is not an employee under the Arizona Minimum Wage Act. This may include an individual that volunteers his or her services for civic, charitable, or humanitarian reasons that are offered freely and without direct or implied pressure or coercion from an employer, provided that the volunteer is not otherwise employed by the employer to perform the same type of services as those which the individual proposes to volunteer.

Is the Arizona minimum wage the same for both adult and minor employees?
Yes. There is no distinction made between adults and minors when it comes to payment of the minimum wage.

Does an employer have to pay for all hours worked?
Yes. The minimum wage shall be paid for all hours worked regardless of the frequency of payment and regardless of whether the wage is paid on an hourly, salaried, commissioned, piece rate, or any other basis. If in any workweek the combined wages of an employee are less than the applicable minimum wage, the employer shall pay, in addition to sums already earned, no less than the difference between.

What is the Arizona minimum wage for employees who receive tips?
For an employee who customarily and regularly receives tips or gratuities, an employer may pay a wage up to $3.00 per hour less than the minimum wage. This means that an employer must pay not less than $4.25 per hour in direct wages for a tipped employee. If, however, an employee’s tips combined with the employer’s direct wages do not equal the Arizona minimum hourly wage, then the employer must make up the difference.

Who is a “tipped” employee?
A tipped employee is an employee who customarily and regularly receives tips, including the occupation of waiter, waitress, bellhop, busboy, car wash attendant, hairdresser, barber, valet, and service bartender. The employee must actually receive the tip free of any control by the employer
The tip must be the property of the employee. May employees pool, share, or split tips? Yes. Employees who customarily and regularly receive tips may pool, share, or split tips between them. Where employees’ pool, share, or split tips, the amount actually retained by each employee is considered the tip of the employee who retained it.

May employees pool, share or split tips with employees who do not customarily and regularly receive tips in the occupation in which they work, such as management or food preparers?
Yes, but the tips received by the employee who does not customarily and regularly receive tips may not be credited toward that employee’s minimum wage.

What hours may a “tip credit” be applied towards?
A tip credit is available only for the hours spent in the tipped occupation.

Where a tipped employee is routinely assigned to duties associated with a non-tipped occupation, such as maintenance or general preparation work, no tip credit may be taken for the time spent in such duties. Is compulsory charge for service a tip?
Only if it is actually distributed by the employer to the employee in the pay period in which the charge is earned. A compulsory charge for service imposed on a customer ban employer is not a tip if it is considered part of the employer’s gross receipts and is not distributed to the employee in the pay period in which the charge is earned.

What steps must an employer take to assert a “tip credit”?

If an employer elects to use the tip credit provision, then the employer must:
Provide written notice to each employee prior to exercising the tip credit;
Be able to show that the employee received at least the minimum wage when direct wages and the tip credit are combined; and
Permit the tipped employee to retain all tips, whether or not the employer elects to take a tip credit for tips received, except to the extent the employee participates in a valid tip pooling arrangement.

How does an employer establish that direct wages combined with tips equals or exceeds the Arizona minimum wage?

In computing the minimum wage, tips are counted in the workweek in which the tip is earned. For purposes of the Arizona Minimum Wage Act, it is the employer’s responsibility to maintain a record of the tips considered for purposes of asserting a tip credit. The amount per hour that the employer takes as a tip credit must be reported to the employee in writing each workweek.

What if tips are not sufficient to make up the difference between the employer’s direct wage obligation and the minimum wage?
The employer must pay the difference. What if the employee earns more than the minimum wage after adding the tips received to the base hourly wage? The employer has fulfilled its obligation under the Arizona Minimum Wage Act.

May an employer take a credit against the minimum wage for tools or uniforms?
No. Unless included by a bona fide collective bargaining agreement applicable to the particular employee, an employer may not credit towards the minimum wage the cost of any tools, equipment, uniforms, or any other garment worn by an employee as condition of employment. This also includes the cleaning or maintenance of uniforms and tools.

May a credit for board or lodging be applied against the minimum wage?
No. Unlike other state and federal statutes, the Arizona Minimum Wage Act defines “wage” to include only “monetary compensation.” Credit for the value of lodging and other items is not allowed when computing an individual’s entitlement to receive minimum wages under the act.

What can an employee do if an employer is not paying an amount at least equal tithe minimum wage?
An employee has different options if the employee believes that an employer is violating the requirements of the Arizona Minimum Wage Act. The employee can file an administrative complaint with the Labor Department of the Industrial Commission of Arizona or file a civil lawsuit.

Who can file an administrative complaint and when must it be filed?
Any person or organization may file an administrative complaint with the Labor Department of the Industrial Commission of Arizona charging that an employer has violated the Arizona Minimum Wage Act as to any employee or other person. An administrative complaint must be filed within one year from the date the wages were due.

Who can file a lawsuit and when must it be filed?A civil action to enforce the Arizona Minimum Wage Act may be filed by a law enforcement officer (which means the Attorney General or a city, town, or county attorney) or by any private party injured by a violation of the Act. The civil action must be filed no later than two years after a violation last occurs, or three years in the case of willful violation. The civil action may include all violations that occurred as part of continuing course of employer conduct regardless of the date of the violations.

Can an employer retaliate against an employee for asking questions about not being paid the minimum wage or for asserting any right under the Arizona Minimum Wage Act?
No. The Arizona Minimum Wage Act prohibits an employer from retaliating against an employee or other person for asserting any right under the Arizona Minimum Wage Act. Additionally, if an employer takes adverse action against an employee within 90 days of the employee asserting a right under the Act, the presumption is that the employer retaliated against the employee. This presumption can only be overcome if the employer shows by clear and convincing evidence that the action taken against the employee was for a permissible reason.

What can an employee do if an employer retaliates against the employee for asserting a right under the Arizona Minimum Wage Act?
An employee may file an administrative complaint with the Labor Department of the Industrial Commission of Arizona or file a civil lawsuit.

What remedies are available to an employee for violations of the Arizona Minimum Wage?
An employer who fails to pay the minimum wage is required to the pay the employee the wages owed with interest and an additional amount equal to twice the underpaid wages. An employer who retaliates against an employee is required to pay penalties sufficient to compensate the employee and deter future violations, but not less than $150 for each day that the violation continued or until legal judgment is final. The Commission and courts also have the authority to order other appropriate legal or equitable relief for violations of the Act. Will the State Labor Department keep an employer’s payroll records confidential? Payroll information provided to the Labor Department of the Industrial Commission of Arizona will be kept confidential except as necessary to prosecute violations under the Act.

Can an employee’s identity be kept confidential after an administrative complaint misfiled?
The Labor Department of the Industrial Commission of Arizona shall keep the name of an employee identified in an administrative complaint confidential for as long as possible. If the Commission determines that an employee’s name must be disclosed in order to conduct a further investigation, it may do so only with the employee’s consent.

What other responsibilities do employers have?
In addition to paying the correct Arizona minimum wage, employers are required to:

Keep accurate records of employee wages and hours. Most of the information required to be kept is the type that employers generally maintain in their ordinary business practice;
Allow inspection at the worksite of all payroll records by the Labor Department of the Industrial Commission of Arizona (“Department”);
Furnish copies of payroll records requested by the Department;
Cooperate with the Department’s investigation into complaints of violation with the Arizona Minimum Wage Act;
Allow the Department to interview employees; and
Post the Arizona Minimum Wage Poster in a conspicuous place where employees can read the poster. This poster is available for free from the Department at http://www.ica.state.az.us/.

What kind of records is required?
The records required under the Arizona Minimum Wage Act consist of information that employers generally maintain in their ordinary business practice, and, in large part, track what is required under the Federal Fair Labor Standards Act. An employer is required to maintain payroll records showing the hours worked and wages paid, including basic time and earning cards or sheets, wage rate tables, records of additions to or deductions from wages paid and any written agreement relied upon to calculate credits toward the minimum wage.

Separate recordkeeping requirements are permitted for employees unfixed schedules and employees who are compensated on a salary basis at a rate that exceeds the minimum wage required under the Arizona Minimum Wage Act and who, under the Federal Fair Labor Standards are an exempt bona fide executive, administrative, or professional employee, including an employee employed in the capacity of academic administrative personnel or teachers in elementary or secondary schools, or in outside sales.

How long am I required to keep the records?
Four years. What happens if an employer violates the recordkeeping, posting, or other requirements under the Arizona Minimum Wage? An employer who violates these requirements is subject to a civil penalty of at least $250for the first violation and at least $1000 for each subsequent or willful violation. Special monitoring and inspections may also be imposed. Additionally, if an employer fails to maintain the required records, it is presumed that the employer did not pay the required minimum wage. An employer has the right to rebut this presumption with evidence that the employer paid the employee the required minimum wage.

How can Arizona’s minimum wage be higher than the federal minimum wage?
Under federal law, a state may require a minimum wage that exceeds the federal wage as the federal law establishes only the minimum wage that must be paid. Which minimum wage law applies? An employer will likely be subject to both the federal and state minimum wage laws. When there are different requirements between the laws, the employer must follow the requirement that is the most beneficial to the employee. Since Arizona’s minimum wage law requires a higher minimum wage rate than does the federal law, an Arizona employer who is subject to both laws must pay the Arizona minimum wage rate.

What is the wage rate that forms the basis for calculation of overtime?
The Arizona minimum wage rate is considered the “regular rate” for purposes of calculating overtime under the Federal Fair Labor Standards Act. May an employee agree to work for less than the minimum wage? No. The minimum wage is an obligation of the employer and cannot be waived by any verbal or written agreement or employment contract.

This is the html version of the file http://www.ica.state.az.us/docs/minimumWage/minWage_FAQs.pdf.

The NOT SO FAIR Labor Standards Act

2010-02-25T20:36:00.003-06:00

Activists,

It’s hard to believe that an act passed 73 years ago still has such a negative impact on the lives of workers with disabilities. But, it has and Springfield Area Disability Activists and others think it’s time to throw this law on the trash heap of time.

Access Living started a group about the same time we did. Earl Smith’s group at Access Living called “DAWWN (Disabled Americans Want Work Now)”. He has made a few contacts when he attended the US Department of Labor’s Listening Tour during 2/2010, who are also interested.

The Fair Labor Standards Act of 1937, specifically section 14c, still excludes certain workers (those with disabilities, farm workers, older workers and others), from basic worker protections like:
• collective bargaining
• minimum wage
• hours,
• and more.

In this section of the act, (14C), businesses and organizations can apply for a “special certificate” that allows them to discriminate against the above mentioned workers. No legislation, like the ADA, or Older American’s Act has improved working conditions of those groups, except for farm workers.

In the 1970’s farm workers organized pressured, committed civil disobedience and went on hunger strikes to improve their conditions; it worked.

Understanding the Law(s)
The federal government issued several fact sheets about specifically about 14C; and a few related laws to give it more teeth. Unfortunately, when I ran it through the Kincaid-Flesh grade analysis software that comes with Word, it is written for someone who completed 22 years of school… in other words, it would take a person who completed post doctoral work to read the law.

That is ONE reason why disability activists.org and Access living are starting a Facebook cause and web page. We will convert the Department of Labor’s mumble-jumble into regular English: so people can understand the law and its effects on people with disabilities lives. We also want people to join our cause to demonstrate that this is an issue important to all of us.
It is SADA & DAAWN’s hope that this law never sees its 75th birthday. We hope activists from around the country will mount a campaign and destroy this despicable law.

It’s Been Done!

It’s more than possible. It’s been done! In 2007, Arizona stopped granting “certificates of discrimination”. All the certificate holders predicted job loss, gloom, despair and agony. But it hasn’t worked out that way at all. Read this article to learn more about what is happening in Arizona.

Community “Placements” & Sheltered Workshops

14C covers both people who work in the community as well as sheltered workshop. Some of these workers make less than a dollar a day. I heard someone say, “They don’t know how much money a dollar is anyway. They are just as happy with that as we are with our checks.” It’s obvious that the concept of dignity is absent from this person’s emotional inventory. People with disabilities deserve more than the dignity afforded them in 1937; we need to reward their sometime behemoth effort just to get to work, and the work they do when they get there. The rewards need to be in 2010 dollars, not 1937 dollars. And we need to let them know we believe that all work is honorable and worthy of descent compensation.

Join our cause. Pass this along to your friends and encourage them to join. Let’s bring this issue to the light of day. We will be adding more material, strategies and suggestions for action in the near future.

DOL Conducting “Disability Listening Tours” Now
There is only one disability Listening Tour left in Boston, MA, March 3, 2010 from 8 am to 11 am and from 1 pm to 3 pm. Go to the website below at the appropriate time and you can connect to the live webcast. http://www.dol.gov/odep/disabilitylisteningtour.htm

Healthcare for All

2009-04-06T20:41:00.003-05:00

If there was ever a cry for universal single-payer, this is it!

Boyfriend With Health Benefits - Watch more

Frida Kahlo

2009-03-21T09:02:00.010-05:00

I hope for a happy exit and I hope never to come back.
--the last entry in the diary of Frida Kahlo, 1954

She too lived in pain because of disability. Someone once asked her what to do with her body after she died, she replied, "Burn it…I don't want to be buried. I have spent too much time lying down…Just burn it!"

Some days, I know just how she feels.

Dear Mr. President:

2009-03-20T10:53:00.007-05:00

I am writing this letter for my sixteen month old granddaughter, Sabine. Some letters are still hard for her to write.

She’s very smart and , as is her mommy, Suzi (my daughter), despite the fact they called me at 5:15 AM because Sabine wanted me to write you immediately.

Apparently, Sabine and her Mommy were up late last night because molars make a sixteen month old mouth sore, and the rest of the body grumpy. Sabine said she was watching you on television; she thought you looked very nice.

However, she asked me to tell you that even though you were the “bestest” president of her whole life; she did not like your comments on Jay Leno about the Special Olympics.

First, she wanted me to let you know that in the Special Olympics, it does not matter what your score ends up being. What matters is that you tried your best. Trying is the most important part, especially if you are learning something new. Sabine says she’s trying to learn many new things and isn’t good at all of them yet, but she still enjoys trying.

Sabine says you have to be mentally ready for the game. So, if you tried your best, and still didn’t get a good score, unless you are proud of your efforts, then you are not even allowed to be a special Olympian. So, work on that. Be proud of your best. Sabine knows this because some of her friends and family members have disabilities.

Sabine said she knows you are very busy with two wars in the middle east, the second great depression, a banking crisis, possible past presidential war crimes, a shrinking economy, the lack of a cohesive health care plan, Veteran issues, and a crumbling infrastructure; however, she thinks you need to take a minute or two to talk to Sasha and Malia about this, just in case they got the wrong impression.

Lastly, Sabine wanted me to tell you that, just last night Grandma told her that humans are 99.9% the same, no matter how they look, or talk, or hear, or walk or think. Grandma told Sabine to judge a who might be person different from her, not by their bowling score, but by the content of their character.

Sincerely,
Sabine (with Grandma's help)

P.S. Grandma wants me to tell you she also thinks you are the best president of her life and has hopes you will be the best in the life of our country too. Keep up the good work and watch your language. :)

Crossposted at: Suzi & Sabine's Notebook

Bailout: Bonus Bologna

2009-03-15T19:30:00.004-05:00

Wait a minute! I learned today that AIG (American International Group), the same company that took more than $170 billion in taxpayer bailout money… my money; your money through our Federal Reserve System, now plans to give executive bonuses to the tune of $165 million. The same people that took AIG to the brink of collapse are rewarding themselves for their unimaginable mismanagement.

Tim Geithner, the Treasury Secretary pretended to be outraged on the Sunday morning talk show this weekend. He said he was foot-stomping mad and demanded that AIG not give the money. Unfortunately, he sighs forlornly, these bastards are going to get their money because lawyers said that AIG is contractually obligated to pay it.

Oh really? Contractually obligated, ey? Tell that to the auto worker in Detroit. Tell that to the retirees or those close to retirement, who paid into pension plans their entire work life, and had them guaranteed in their contracts, but will not receive them because the company claimed it could no longer afford it, and the courts backed them up.

What makes a contract between millionaires sacrosanct while contracts between corporations and their employees can be ripped into little pieces?

A while back I heard a pundit say that this was a war between the people who showered before work and those who showered after. It is the absolute truth. And our “liberal” new administration has taken its stand with those who shower before work. Geithner can act and shout as loudly as he wants on television. However, unless the government does something about it, it’s hollow blather. AIG bigwigs should be worried about joining Bernie Madoff, rather than collecting their bonuses.

DD Fight Club Predictable

2009-03-11T17:59:00.004-05:00

I am home sick today; but still got three calls about the story below. While I can’t write much between my naps on my road to health, I felt I had to write something. My callers all used the word “shocked” in each of their conversations.

The only reason this story saw the light of day, is because some stranger found a lost cell phone and turned in to the police. There was no state oversight, no eager reporters, no nosey parents, and no outraged staff.

I’m not shocked; I am not even surprised. I am sickened. This is just the kind of thing that happens when people are locked up and dehumanized. This is exactly what the parents at Howe Developmental Center fear for their children and don’t realize that the more “institutionalized” the setting, the more dehumanized are its prisoners.

For those who live outside Illinois, Howe Developmental Center is at the forefront of the struggle to shut down Illinois state-funded institutions for people with developmental disabilities. Over 30 suspicious deaths have occurred at Howe in the last few years.

Shocked… sadly no.

Here is the article from the Dallas Morning News

Corpus Christi State School investigated after 'fight club' videos of residents found

12:00 AM CDT on Wednesday, March 11, 2009
By EMILY RAMSHAW / The Dallas Morning News
eramshaw@dallasnews.com / The Dallas Morning News
Robert T. Garrett contributed to this report.

AUSTIN – Gov. Rick Perry suspended admissions to the Corpus Christi State School on Tuesday after police allegations that profoundly disabled residents had been forced into "fight club"-style battles by the employees hired to care for them.

Authorities say vivid cellphone videos show Corpus Christi State School staffers goading young mentally disabled male residents into physical altercations.

Authorities say vivid video footage captured on cellphone cameras shows staffers goading young mentally disabled male residents of the institution into physical altercations, then shoving them at each other until fights ensued.

The investigation into the 11 current or former state school employees identified in the videos is continuing, and police say it's not clear whether they were betting on the outcome of fights or uploading them to the Internet. While the video indicates some residents were hurt in the fights, none sustained serious injuries. Officials would not say how many residents were involved.

"Workers were staging fight clubs with the residents for their own entertainment. It's awful abuse – some of the worst I've seen in over 30 years," Corpus Christi police Capt. Tim Wilson said. "I've heard of isolated incidents before, but what's most appalling is that it's obvious this is organized."

Arrests could come later this week, the local prosecutor said.

State school overhaul

At the governor's direction, officials with the Department of Aging and Disability Services halted new admissions to the Corpus Christi State School on Tuesday and ordered that video cameras quickly be installed at all 13 institutions for the mentally disabled. They also ordered more security officers and overnight supervisors for the facilities, as well as staff to monitor the cameras.

The revelation of the videos, first reported by The Dallas Morning News, comes as lawmakers are debating how to overhaul the state schools for the disabled, which the U.S. Department of Justice accused of systemic abuse and widespread civil rights violations late last year.

On Monday, the Senate unanimously approved a bill to protect state school residents from mistreatment – a measure deemed an emergency by Perry. His chief of staff, Jay Kimbrough, who traveled to Corpus Christi on Tuesday evening, said he planned to stay until safeguards were in place.

"This is exactly why we wanted this to be an emergency priority," Kimbrough said. "There are things we can do immediately. We need to implement as much of this as quickly as possible."

Administrators at the Corpus Christi State School did not return phone calls.

The brawls are captured on repeated videos filmed during 2007 and 2008, along with one that appears to have been taken last month, authorities said. Wilson said they show "staged events" where residents push, kick and punch each other, then have their arms raised in victory when they "win."

The videos, which also have sound, were discovered on a cellphone that was turned in to an off-duty police officer at a local hospital after being found lying in the road. The videos were so clear that investigators were able to determine that they were captured in public "day rooms" at the state school, which is home to 350 residents.

Democratic Rep. Abel Herrero, whose district includes the 100-acre Corpus Christi State School, said he was told that the fight clubs occurred during an overnight shift.

'Disgraceful'

The Corpus Christi allegations are "disgraceful, unacceptable," said Rep. Patrick Rose, a Dripping Springs Democrat who has authored state-school safety legislation and a separate bill to close some of the institutions in favor of community living. "It provides further proof of the fact that we need greater oversight and accountability in our state school settings."

Wilson said police learned of the cellphone last week and opened a joint investigation with the Texas Health and Human Services Commission's inspector general. He declined to say how many residents were involved.

Seven current state school employees in the videos have been put on emergency leave pending the outcome of the investigation. Four other employees identified in the videos no longer work for the state school.

So far, no arrests have been made. Nueces County District Attorney Carlos Valdez said his office is taking the allegations very seriously, and expects police to seek arrest warrants late this week.

The state school safety bill, which still must be approved by the House, would appoint an independent ombudsman to oversee all abuse and neglect investigations in Texas' institutions for the disabled. It would require fingerprinting, background checks and random drug testing of all state school employees, and would install security cameras in all public areas of the facilities – something Kimbrough says might have prevented the Corpus Christi situation.

Rep. Solomon Ortiz Jr., D-Corpus Christi, called the state school case "unbelievable," and said lawmakers have been trying for years to bring attention to the state's dismal care for the disabled.

"We've been sounding the alarms," he said. "Unfortunately, it took a long time to get the leadership of Texas to focus on this issue."

Staff writer Robert T. Garrett contributed to this report.

Those First Few Steps

2009-03-10T19:50:00.003-05:00

by Cilla Sluga & Mike Meiselman

It’s unusual to have such an in-depth conversation with a total stranger. But, we liked her almost immediately. She was tall, in her twenties and had a cute three cornered smile. She asked pointed questions and was not the least bit interested in chit-chat. Pretty remarkable since Jen was our server at a semi-fast food restaurant.

We’re not quite sure how the conversation started; however, within no time at all, Jen was asking us about our politics. She didn’t believe we were as lefty as we claimed. She asked if we knew any leftist anthems. Mike obliged her, there in the small restaurant dining room, by singing The Internationale, clenched fist in the air.

Eventually, she wanted to know what kind of activism we were currently involved in; when we told her we were disability rights activists, her eyes widened. Her sister had spina bifida.

Jen, was not just our server, it turns out she was the restaurant manager. She asked if our group needed money. What? Someone was offering to help our organization with cash. We tried to tell her we weren’t an official 501(3) C; that we probably weren’t eligible. However, she would not be deterred. She said, “If we can have a fundraiser for the local high school cheerleaders, surely we can have one for an organization that works for the rights of disenfranchised people.”

So, we promised to provide her with the information she required.

A week or so later, we took requisite documents to the restaurant and she sat down with us again. Her intensity and inquisitiveness had grown. She confessed she was not much of an activist, but was angry about a lot: School of the Americas, the wars, the budget crisis, poverty, racism, bigotry, and Rush Limbaugh to name a few.
She wanted to know what our group was doing right now. We told her about projects great and small. We talked about an accessible fishing pier at the lake. We told that the statue of Lincoln at the state capitol was still inaccessible, on this the bicentennial of “the great emancipator’s” birthday. When talked about involuntary sterilization act being debated in the state legislature; and other mutilations that children with disabilities have gone through, all at the hands of parents and guardians. She cried tears of anger and sadness.

She reminded us of others we know. They care, deeply, about the world and its people, but feel powerless to change it. She said she felt unable to change things… so rather than stay angry, she confessed, she put it out of her mind as much as she could.

We told her that anger was a good motivating force, and to use it; but it would not sustain her. The only real antidote to frustration and/or anger is activism. Jen said it was all so overwhelming; how could she just pick one or two things when so many things were wrong?

Both of us also remember feeling that way. The frustration Jen and others feels is like burning rubber off the tires; it makes a lot of smoke, just doesn’t get you anywhere. We found progressive groups of people and started working together to change things. We felt less angry because we were actually doing something. In fact, it was invigorating.

One thing you quickly learn once you start fighting back is that is that the enemies turn out to be the same entities. If you are fighting for a clean environment, you learn that the people behind the pollution are also responsible for derailing regulations on Wall Street. The same forces that profit from keeping institutions open are the same ones who profit from prescription drugs that are priced out of reach for people of poor and moderate means. They don’t want regulation either… they want profits. They don’t want equality, they want it all.

The ruling class wants us to fight with one another for limited resources so we don’t focus on them and their system of wealth for the rich and crumbs for the rest of us. We must continually fight, not just for the daily needs of our people, but also to knock chunks of power out of their hands and put it in ours.
She still wasn’t sure. We believe there are a lot of people in the same position. For them the most difficult step of a journey isn’t the first one. It’s more like the second or third step. Once you stick your toe into an issue, you can feel the power on the other side. What usually happens after that; people get scared, put blinders on and refuse to look at injustice any longer. It also requires us to examine our system of equality, wealth distribution and privilege. Once you start doing that, you get called names, like “red” and “socialist”. It is enough to scare most people away.

We want to say do not be deterred. Take Barack Obama’s story about grassroots organizing in Chicago. He saw the poverty; he knew the issues; he spoke to the people; yet at his first meeting, no one showed up. That’s pretty devastating. He was disheartened and thought about quitting. Then he thought that quitting and realized that wasn’t going to improve anything for the people he cared about. He felt he had no choice to but to try and try again. He succeeded in building leadership from the community where little existed before. That enabled him to go on to create or sustain other social movements.

Find your passion. Bring about change in your neighborhood, or city. Fight for women’s rights, or cleaning up the superfund site down the road, or racism, or disability equal rights. Change a neighbor, or local council’s idea about how to deal with people who are disfranchised and you are changing the world.

Crossposted at Magitator.

Stand Up for Education

2009-03-07T13:10:00.002-06:00

“Sit down and be still,” might be the most commonly heard phrase in elementary schools everywhere.

What are we teaching our children when we expect them (even those without disabilities) to do what they are developmentally and physically not ready for. Children are active creatures. It is how they interact with the universe: they fidget, dance like no one is watching, wave their hands wildly when they talk. It only makes sense that a standing desk can help burn off some of that energy and give students a new way to interact with their studies.

Look at the picture to the right. At the bottom of the standing desk is a swing bar. A child can put his foot on the bar and swing it back and forth as he learns. For children who need to be active, this little bar can keep them active, without being disrupting.

I am hooked on this idea. Maybe it should be part of the stimulus package: A new jobs bill for mom and dad; and a standing desk for every student. Obviously, for students who cannot stand or prefer to sit, traditional desks should still be available.

I did an unscientific study of about 30 high school freshmen. I showed them a picture of the standing desk and stool and asked which they would prefer. ALL of them wanted the standing desk. I really do understand.

I was a great “fidgiter” in school; still am. I am forever clicking and swirling pens, shaking my leg, rapping fingers on a table, toe tapping, playing with the phone cord, doodling, playing with phone settings, and losing hours playing Bookworm. I cannot just watch television, I must be typing, or playing a game, or wrestling the dog or some other thing. It drives my husband crazy when we are lying in bed and I pull up the laptop to check mail or play scrabble, while we are watching Keith or Rachael. He asks, “Did you see/hear that?” I say “yes” and give him a short synopsis to prove I was listening. I am writing this now, as we are driving to Chicago. I am a walking, talking, human-doing, not a human-being. But… I digress, as my kind frequently do.

Why is sitting to learn the educational standard? What kinds of adults are we raising if we tell them that they must sit with their hands in their laps? My second purely unscientific analysis in this blog is as the industrial age belched onto the scene, employers wanted workers to be docile, obedient, and follow orders. They wanted workers to sit and do repetitive tasks without leaving their station. Sitting in school facilitated all of that and the education system trained the students the way the industry wanted.

Before the industrial revolution (I actually did a little research), standing desks were common. Think “The Christmas Carol.” Both Bob and Ebenezer stood while doing their bookwork. They had stools they could use if they needed to rest a bit but mainly they stood. For two centuries, (18th & 19th), standing desks graced the homes and offices of the rich. Only the poor had to sit and slouch.

The study of ergonomics is a field of study that grew mainly because of sitting; time spent working on computers, driving, watching television and repetitive motion. Ergonomic experts analyze the way we work, and how we can do so more effectively and with less stress. Here is what one website on the subject had to say about stand-up desks:

It turns out that the stand-up desks of history are extremely good for reducing injury. Standing doesn't allow the leaning and slouching that is possible in a seated position, your back and neck remain straighter, and a properly positioned monitor allows users to look straight ahead, minimizing neck movement and strain.

Working while standing does provide more energy, and eliminates the afternoon doldrums almost entirely - in fact, some proponents use their stand up desks only in the afternoons, finding that sitting through the morning appeals to them.

Adults without known disabilities were the focus of this study. It appears to me that something as simple as a stand-up desk could actually save a child’s academic career if it works for him/her.

It’s IEP Season

As parents and children get ready to develop plans for students who fidgit or become easily distracted, consider a standing desk. They are rather cheap at about $250 each. However, before buying a desk consider these “trials.”

Cinderblocks – They are cheap and versatile. Use cinderblocks, bricks, or wooden blocks to lift a conventional desk. Ask a janitor or handyperson to build a little jig for the rocking arm.

Podiums are ready-made workspaces for standing. Borrow one from a church, convention center and see what happens. Most students will need more room than a traditional podium; but it can give an IEP team some idea if it will work.

Stools give students the option to rest tired feet if they want to, but they still have the option of the fidget bar. Did I mention I love the fidget bar?

Probably the oddest thing about my new standing desk fetish is that I could never use one. I can only stand for a few minutes without extreme leg pain.

However, I am not thinking about me, I am thinking about all those children (me included) who year after hear from their teachers that their behavior is disruptive, that they do not pay attention, and they are not compliant. They hear it so often they give up and drop out.

I do not know how I am going to do it; but I have decided I am going to become a one-woman zealot about standing desks.

If you want to learn more, Google, “standing school desk”. There’s a wealth of information and also places to buy them.

Involuntary Sterilization in Illinois - Do Something

2009-03-03T13:11:00.003-06:00

Involuntary sterilization in 2009: It seems nearly impossible to even conceive that such a thing could still be happening. Yet it is; with regularity; and with state approval. But we have a good chance to end it in Illinois. Sign the petition here: http://www.petitionspot.com/petitions/hb2290/.

Here is background information from F.R.I.D.A.

In Illinois, the Probate Act of 1975 outlines the general duties for guardianship of an adult with a disability (i.e., a ward). However, currently there are no guidelines for when a guardian seeks to have the ward sterilized. As a result, the involuntary sterilization of people with disabilities can be abused. It is possible for a guardian to violate a person’s basic right to not be sterilized without knowledge and/or consent. Most states in the U.S. have due process protections to prevent this extreme, irreversible and dehumanizing situation… but unfortunately Illinois is still one of 16 states lacking any protections against sterilization without consent.

We need to let Illinois legislators know that we want to end involuntary sterilization now by pushing the passage of H.B. 2290!

H.B. 2290 updates the Probate Act of 1975 by adding guidelines requiring that the guardian must file a motion to request the court’s authority to consent to the sterilization procedure (except when a procedure is necessary to save the ward’s life or to prevent harm to the ward); and other due process protections to prevent the involuntary sterilization of a ward without the ward's knowledge or consent. For example, the amendment requires that there be a determination of the ward's capacity to consent, and that the decision of the ward be respected.

Many parents of adult children with disabilities are not the legal guardians of their children (although they may think that they are), and have NO legal authority to seek the sterilization of their adult children. However, physicians unaware of this fact may agree to do a sterilization based on the parent’s consent, without realizing that doing so is illegal.

Sign this petition to show your support of H.B. 2290 and the end to the involuntary sterilization of people with disabilities in Illinois!

Mistakes, I’ve Made A Slew

2009-02-19T16:32:00.004-06:00

I’ve been involved in the disability rights movement for a little over 30 years. If I had to say one thing about that time it is this: it is a good thing you can’t get thrown out for making a mistake.

I’ve gotten angry when I should have stayed calm; and I stayed calm when the situation called for rightous anger. I’ve dominated meetings, held my tongue, walked out, stayed, joked, was too serious, took things too literally and not literally enough. I’ve cried tears of sadness and sorrow, when i needed to be strong and was blindly ignorant of people’s feelings when I should have been more sensitive.

If there was a mistake to make, I made it. But, it was how I learned. I still have things to learn, but after so many years in the movement, my peers have taught me a lot. I think one of the most important lessons I’ve learned is that risk taking, and screwing up, come with the territory.

One of my elders often said to me, “Some people live and learn; and some people just live... which will you be?” Of course, I wanted to be the person who would live and learn. But this learning thing is hard. I was going to have to deal with my mistakes, errors, misjudgements, stubbornness, arrogance and my own insecurities.

Now, inexperience doesn’t mean that you cannot be a good advocate any more than 30 years in the movement means you will do things flawlessly. Each situation calls for certain skills we may or may not possess. It is a continual struggle to balance what we know with the situation at hand. That is a difficult task if you're going it alone. However, if you get involved in grassroots organizing the going is easier and one can learn a whole lot more.

As a young advocate, I had to overcome my fear, face the fact that I was going to say or do something that wasn’t right. Luckily, I was part of a group of supportive peole who worked together. Rather than making me feel foolish, or kick me out, they explained what I had yet to learn; they guided me, suggested alternatives, encouraged me to try again and celebrated each one of my learning milestones.

When I began advocating for my daughter I thought every issue I had with the school district meant a take-no-prisoners war. IEP meetings were more like hand-to-hand, full bayonette attacks on “those people”. After a while I learned how to control my behavior; how to negotiate and when to pull out the bayonettes. A few years after that, I never needed to pull out the bayonette; they knew I was a parent that would do what was necessary to assure my daughter received what the federal law promised. They conceeded to my “requests” for services.

You can learn a lot by just hanging around for 30 years. You can learn even more if you stick your neck out and try to make a difference. Don’t expect perfection. Don’t be intimidated by a fear of making a mistake. Do be self reflective and willing to accept a job not-too-well-done, and learn from it. President Obama in his first few weeks in office admitted to making several mistakes. Personally, I found it refreshing that he was willing to be self-critical and honest; then move on, a little smarter. I like a person who can admit they are not infallable; i trust him more now than before.

When I was doing parent advocacy training, I would encourage parents to try one new thing at a school meeting; to shake everyone’s hand and look them in the eye when they entered the room; to write notes about what theysaw their child doing at home and share it at the meeting; to know their bottom line and not settle for less, etc. Why? Because it helps equalize the roles between “just the parent” and the professionals.

That’s is why grassroots activists can flourish in a group. There is a synergy combining everyone’s experiences. Young people have energy and enthusiasm on their side that can overcome older person’s exhaustion. An older person can guide an unbridled person’s anger. All of us are smarter and more effective than one of us.

It is not what we do,
but also what we do not do,
for which we are accountable. - Moliere

The "Other" Other Unemployment Rate

2009-02-07T09:40:00.010-06:00

Ok, I am officially pissed; royally, utterly and angrily pissed off.

Today, (February 6, 2009) the Wall Street Journal featured an article titled, "The Other Unemployment Rate". In part, it stated:

The Labor Department’s official unemployment rate hit 7.6% in January, and its jump from 4.9% a year earlier marks the largest annual increase in the unemployment rate since 1975.But the government’s broader measure of unemployment hit a more stunning level: 13.9%, up from 13.5% in December.

The figure, which largely accounts for people who have stopped looking for work or can’t find full-time jobs, is the highest since the Labor Department started the data series in 1994. It’s just shy of a discontinued and even broader measure that hit 15% in late 1982, when the official unemployment rate was 10.8%

All these stories of doom and gloom about the unemployment rate hitting 7, 10, maybe even 15%. Oh, we are definitely heading in that direction. We may even hit the 20% unemployment rates of the Great Depression.

It's a national crisis. It consumes the front pages of every newspaper. Television and radio analysts cannot let 10 minutes pass without mentioning it. Throw your hands in the air and start screaming, "The sky is falling... the sky is falling; and it is.

Yet for decades the unemployment rate for working aged adults who want to work has remained fairly and dismally steady since the passage of the Americans with Disabilities Act.

A 2004 survey found that only 35% of working-age persons with disabilities are in fact employed compared to an employment rate of 78% in the rest of the population. Two-thirds of unemployed respondents with disabilities said they would like to work but could not find jobs. www.un.org/disabilities/default.asp?id=18

For graduates of four-year colleges, the employment rate, for both men and women, is 89.9%. For college graduates with disabilities, the employment rate is 50.6%. www.accessiblesociety.org/topics/economics-employment/labor2001.htm

Where are the front page stories about these stats of the other, other unemployed? Where are the pundits and analysts screaming about this national outrage? Of course there are none. They are silent.

So yes, I am more than a little pissed off that my society views me and my kind as worthless. So worthless, in fact, we don't even get counted in the climbing unemployment rates. We don't even get factored into the people who have stopped looking for jobs. We are invisible.

How can any federal stimulus package designed to stir the economy ignore people with disabilities in its plan.

Well, there was a little money initially; not enough, but some. Now the stimulus bill passed by the House that contained $13 billion for IDEA, $500 million for Vocational Rehabilitation, and $110 million for Independent Living are in jeopardy. Senators are now considering The Economic Stimulus bill; and all of the above provisions are prime targets for cutting!

Call to Action:

The American Association of People with Disabilities wants you to take this IMMEDIATE ACTION.

Call 202-224-3121 and ask for your Senators' offices and leave the message below:

"I urge you to keep funding for Vocational Rehabilitation, Independent Living and IDEA in the Economic Stimulus bill. People with disabilities deserve the opportunity to benefit from the economic stimulus package. With EVERY STATE facing looming budget deficits, the funding for these programs in the Economic Stimulus bill will offset any state budget cuts that would hurt people with disabilities and also ensure that people with disabilities are not left behind."

If you're not pissed... you're not paying attention!

It's not enough. Even what they have proposed is not enough. I want more.

I want any contractor with a federal or state contract to have a certain percentage of their workforce be someone with a disability. Affirmative action? Damn straight!
I want universal single payer national healthcare, so people with disabilities don't have to worry about losing their healthcare if they get a job, and employers won't be burdened by the cost of healthcare and will be able to employ more people... more people more stimulus.
I want equal pay for equal work.
I want a career ladder program for people with disabilities, so they can be considered for promotions.
I want those archaic statutes in the Fair Labor Standards Act that allow companies pay people with disabilities less wages for the same work amended or made illegal.
I want the ADA amended so that the public accommodation portion of the law actually fines violators who are inaccessible, rather than having to file a lawsuit against the business/agency. Like speeding, don't comply, get a ticket.
I want every freaking state run institution in the country shut down and the money used to "care" for that person follow the individual into a community based setting. Just think of all the housing starts that would stimulate.
Oh, I could go on, but I think I just popped my migraine cork and I must stop.

I thought if I wrote this all this down I could "talk myself down," like Rachael Maddow; it didn't help. I'm still pissed, maybe even more so. (She writes while reaching for her Zomig and Xanax.)