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Alyssa

In ‘The Michael J. Fox Show’ And ‘Ironside,’ NBC Bets Big On Characters With Physical Limitations

Amidst all the business-oriented discussion of whether NBC, which cancelled much of the new programming it tried to introduce last year, can succeed by starting over, going middlebrow, or recreating past hits, there’s one part of the network’s programming decisions that merits mention on the content rather than the financial or audience calculations. The network is remaking Ironside, a show about a detective who uses a wheelchair after he’s shot in the line of duty that ran on NBC for eight seasons between 1967 and 1975. And it’ll be airing The Michael J. Fox show, a sitcom featuring the titular comedian, who did seven years on NBC with Family Ties, which ran from 1982 to 1989, as a news anchor who returns to work despite the way his Parkinson’s Disease, from which Fox suffers in real life. In other words, NBC is putting two shows on air that feature characters with physical limitations, moving a kind of character who’s often relegated to supporting roles—and who’s often there to illustrate the goodness of or provide moral tests to fully able-bodied characters—to the center of the frame. And from the trailers, it looks like both Ironside and The Michael J. Fox show won’t shy away from discussing their characters’ physical limitations, and other people’s reactions to them, directly.

Ironside presents its main character as a man who isn’t limited in his work—or from the trailer—his love life by the fact that he’s had to learn how to use a wheelchair. But the show does look like it’s going to give him something of a chip on his shoulder about it. There’s an interesting moment in the trailer when one of Ironside’s (Blair Underwood) colleagues suggests that he’s demanding for wanting more than the standard, and legally required, accommodations that make it easier for him to maneuver his home and office, and Ironside snaps at him that he was only pursuing what’s due him. It’s nice to see Ironside push back against the idea that people with disabilities need to be saintly exemplars to people who don’t have to use wheelchairs or other adaptive technologies. But it does look like the show might fall into another trope, that of demonstrating just how fully people with disabilities can live their lives, instead of taking that fact for granted. “You really a cripple?” a criminal asks Ironside at one point in the trailer. “You tell me,” Ironside shoots back:


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Alyssa

The Murder Charges Against Oscar Pistorius And The Financial Interests Of The Olympics

The case of Oscar Pistorius, the Olympic runner who has been charged with the shooting murder of his girlfriend, Reeva Steenkamp, has shone a dispiriting light on everything from the horrendous rates of violence against women in South Africa to the media handling of Pistorius, a famous athlete, and Steenkamp, who was a model. But while this is a decidedly minor concern, I’ve found myself thinking about the gap between Pistorius’ legend and what appears to have been the reality of his domestic life alongside the decision by the executive board of the International Olympic Committee to recommend that wrestling be dropped from the games starting in 2020.

The official declaration that one of the foundational sports of the Olympic games doesn’t have enough interest from the public to justify its continued inclusion in the competition, and an accusation of murder against an athlete who transcended the loss of his legs to compete against the best runners without disabilities in the world, may not seem to have much in common. But collectively, they’re an illustration of the financial and commercial stake has in burnishing the reputation of someone like Pistorius.

Because the Olympics—and NBC, which owns the broadcast rights to the games in the United States—can’t trust that extremely large audiences follow many of the sports involved, and thus that they’ll develop rooting interests on the merits, they need something else to pull those viewers in, to help them decide which competitors they’ll back if there are multiple candidates on the American national team, and to help them identify which athletes they’ll root for if no Americans are available. Inspirational stories are the primary mechanism of doing this, and to a certain extent, the main product NBC is actually selling. It may be frustrating to some viewers that life stories and interviews with athletes take up so much broadcast time, and make it harder to broadcast competitions live. But without them, it’s hard to imagine that the ratings of the games would be so high, and thus so financially valuable.

The Olympics and its broadcast partners have a direct financial interest in Oscar Pistorius being an extraordinary young man who transcended the loss of his legs below the knee, rather than someone who had had the police visit his house on multiple occasions because of “domestic incidents.” They have an investment in the idea that competitive ice skaters are nice little girls, rather than women with ex-husbands who solicit assaults on their competitors—Olympic athletes have financial interests, rather than simply national honor, at stake, too. Sometimes those interests mean that the Olympics get behind a useful story, championing someone like Gabby Douglas, and as a result, highlighting the whiteness of that sport, and bringing in new audiences for it. And sometimes it means obscuring what it means to live in some place like South Africa, and the extent to which overcoming some of the limitations his disability placed on him doesn’t mean that Pistorius was somehow exempt from participating in or becoming a victim of the violence, particularly the violence against women, that plague South Africa.

The Olympics were initially supposed to bring the world’s countries together. But it’s one thing to get the nations to set their differences aside and observe a truce, and another to use uniformly cheerful stories about adversity overcome to paper over the differences in where athletes come from, and even their own varied humanity. That anyone’s surprised that an Olympic athlete could end up charged in a domestic violence murder is a testament to the success NBC does in creating a uniform product, and to how deeply and easily we buy into it, over and over again.

Alyssa

Blair Underwood’s Star Turn In ‘Ironside’ And How To Make Television More Diverse

The news broke this morning that NBC, which has been making efforts to improve the diversity of its casting, is not only rebooting Ironside, the show about a police detective who uses a wheelchair which debuted for the first time on NBC in 1967, making it the only broadcast network to have a show with a lead with a disability, but is casting Blair Underwood in that lead role, making him the only black male lead on broadcast television. That’s great news, and I’ve got my fingers crossed for the show, but Media Matters’ Oliver Willis raises a good point:


As I told Oliver, one of the reasons Underwood was cast is that NBC has a holding deal with him, which means that he’s committed in advance to work on a set number of projects for them. When networks are casting characters for new shows, it makes sense for them to look to the people they have holding deals with first: it’s a pool of actors they’ve already determined that they like, and that they have incentives to work with immediately to get as much value as they can over those existing deals. It’s one thing for an actor to break in to one role, but another one entirely for a network to decide that they want to be in the Blair Underwood business, or the Vanessa Williams business, in a genuine and long-term way.

In other words, if television is to get more diverse, we need more actors of color who are not just breaking in as one-time things, but who are being treated like franchise players. I’m encouraged by the news that Echo Kellum, who was wonderfully winsome and funny on the now-cancelled Ben & Kate has already found work again on NBC’s The Gates. Television isn’t going to start looking like the United States if there’s only a tiny pool of actors of color who have been stamped network-approved.

Health

How One Iowa Senator Secured Civil Rights For Americans Living With Disabilities

This past weekend, Sen. Tom Harkin (D-IA) announced he will not seek re-election in 2014, bringing an almost 40 year career in Congress to a close. But as Harkin steps aside, his legacy — particularly his work to champion increased protections for Americans living with disabilities — remains.

Twenty two years ago, President George H.W. Bush signed the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA) into law. Either law would have been considered landmark civil rights legislation on its own merits — taken together, they represented nothing short of a legislative revolution for disabled and special needs Americans. And those bills were made possible by Harkin, who authored and shepherded them to overwhelming bipartisan approval.

Every handicapped spot in a parking lot, each mechanical wheelchair ramp on a public transport vehicle, and any company that employs qualified Americans with a disability, is only made possible because of the ADA. The law’s provisions — which include protections ranging from anti-workplace discrimination, to public transport and public facility accommodations, to telecommunications support for the visually and hearing impaired — have given millions of Americans the means to pursue independent livelihoods. As one disabled American put it, “I have traveled 18,000 miles between Los Angeles and Bakersfield in an externship, and without the ADA and the Department of Transportation’s provisions, I would not have managed to remain independent and commute.” According to one study, the percentage of disabled Americans citing public transport accommodations as a barrier to their commute dropped from 49 percent to 31 percent between 1989 and 2004.

IDEA applied these same principles to disabled children in the public school system, establishing early intervention and special education requirements for all schools in states accepting federal funding under the statute, as all 50 states now do. And although the concept of providing proper educational facilities and services for Americans with disabilities is now considered an obvious obligation of the American safety net, before IDEA and its precursor law — the Education for All Handicapped Children Act — most of the 6 million disabled American children did not have access to an effective public education.

Granted, not all legislative efforts to assist America’s disabled have enjoyed the successes of the ADA and IDEA. Since many of Medicaid’s benefits for disabled Americans are considered “optional,” they are often a target for austerity measures and deficit reduction. And a recent effort to ratify a United Nations treaty based largely on the ADA was defeated by Senate Republicans, despite widespread support and a last minute lobbying effort by former Republican presidential nominee Bob Dole.

But Sen. Harkin deserves an enormous amount of credit for the myriad opportunities and independence that the ADA and IDEA have afforded to disabled and handicapped Americans — the freedom to pursue an education, a career, and to effectively navigate the country, rather than be relegated to an institution or permanent home care. Harkin pushed the bill to an outsized victory despite the protestations of business groups such as the U.S. Chamber of Commerce, who claimed that the law would be a “job killer” and cost entirely too much money for potentially little benefit. As the Iowa senator winds down his career, he can be assured that the legislation he pioneered during his time in office will go down in history.

Alyssa

With ‘Legit,’ FX Tackles Disability, Independent Living, And Sex—And Makes It All Very Funny

Over at The New Republic earlier this week, I wrote about how FX’s new comedy Legit, which premieres tonight at 10:30, encapsulates an underlying theme that animates all of the network’s programming: what does it mean to be a legitimate and successful American man? While not ever FX watcher is loyal to the network’s entire lineup, if you drop in on its comedies and dramas, you’ll find men dealing with everything from how to be better fathers to their children than their own were, coping with the consequences of sexual double-standards, and grappling with downward mobility or weaker economic positions than their partners. Legit, an enormously agreeable show that’s simultaneously sweeter and tarter than many of FX’s offerings, fits in that formula and expands it in some exciting new directions.

Legit has a relatively simple premise: a stand-up comic, Jim (stand-up comedian Jim Jeffries), who lives with his divorced friend Steve (Second City alumn Dan Bakkedahl), who he met when Jim came to live with Steve’s family as an exchange student (Steve tells his mother, who hates Jim, at one point that “I wanted a Swedish female!”), decides to become more “legitimate,” with a vague sense of what that might mean. But he finds some purpose when Steve encourages Jim to reconnect with Steve’s younger brother Billy (DJ Qualls), who has muscular dystrophy, and who is confined to an assisted-living facility. Deciding that Billy, who is 31, has been overly coddled and needs to experience more of life, Jim first takes it upon himself to break Billy out of the facility for occasional adventure, and then decides to move Billy in with him and Steve and begin caring for him. The show, run by Peter O’Fallon, starts off a bit rough around the edges. But it grows quickly in its first couple of episodes, and Legit‘s portrayal of both life with disability and the friendships among maturing men has the potential to be something special.

To start with, it’s very funny. Many of the stories are drawn directly from Jeffries’ experiences with his friend with muscular dystrophy or O’Fallon’s helping to care for his father, who died of ALS. Much of the punch of Jim’s stories comes from his character’s utter lack of social awareness. Sometimes, he’s hilariously entitled, spinning out a fantasy about having a child with a terminally ill woman who will die once their child is old enough to get him beers from the fridge, saving him from having to be a good husband, and guaranteeing that his child will always be grateful. And in other moments, that lack of respect for social norms mean Jim’s capable of caring for Billy without inhibition, whether he’s helping the other man urinate because he’s decided the bottle Billy uses is a genius invention, or helping him through the awkwardnesses of Skpye dates and cybersex. Jim may believe that Billy’s going to be the perfect wing man, and that taking him out and helping him develop a social life may mean that he’s “going to get so much pussy.” But despite his frattish inclinations, Jim spends a lot more time hanging out with Billy at home than taking him out and making use of him. If selfishness set Jim on his quest to become legitimate, it seems that once he’s started visiting Billy again, Jim finds himself in it for the pure enjoyment of Billy’s company—and the joy of tweaking Billy’s mother, Janice.

Steve is an appealing straight man to Jim’s wildness, and an ongoing illustration of the limitations of Jim’s approach to life, and the practical realities of caring for someone with muscular dystrophy. When the two men take Billy on an exuberant road trip to a Nevada brothel so he can lose his virginity, they deposit him in a room with a cheerful prostitute (and Jeffries real-life girlfriend), only for Steve to realize that he’s forgotten to undress his brother. After Jim hands out dating tips to Steve and Billy, Steve initially finds success with an attractive woman from his office by complimenting her eyes, only to end up stuck with variations on that theme after he finds he doesn’t have anything else to talk to her about. Good intentions and low inhibitions aren’t enough, as it turns out, to navigate every situation or to negotiate a truly fulfilling life.
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Health

How Medicaid Coverage Can Fall Short For Americans With Disabilities

The last four years have produced historic debates over the nature of America’s health care safety net. But Medicaid — a state-federal partnership program that serves some of the sickest, poorest, most overlooked Americans — is still in need of serious reforms when it comes to its approach toward covering Americans with special health care needs.

Federal requirements for the populations and services that states must cover under their Medicaid programs are currently broken up into “mandatory” and “optional” categories — misleading characterizations that have nothing to do with the actual medical or financial realities of the Americans these broad generalizations claim to encapsulate. For instance, nursing facility care coverage for Americans over age 21 is considered a “mandatory” service, but more extensive in-home health care services are “optional;” certain groups of the working disabled are considered a “mandatory” coverage population, but disabled Americans with slightly higher incomes can be covered “optionally.”

In an era of perpetual budget deficits and in the absence of federal matching funds for certain Medicaid benefits, states sometimes end up cutting these supposedly “optional” benefits — even for severely disabled Americans who rely completely on that care for everything from following a drug regimen to assistance in carrying out basic day-to-day activities such as moving around the house or going to the bathroom.

That’s exactly what happened to California’s Pablo Carranza, who suffers from severe muscular dystrophy. As Kaiser Health News reports, Carranza received in-home nursing care he needed through Medi-Cal, the state’s Medicaid program, until his 21st birthday — the age at which he became an adult in the eyes of the law and therefore was no longer a member of a “mandatory” beneficiary group. That’s when Carranza decided to challenge Medi-Cal’s in-home nursing benefit policy, claiming that the coverage cutbacks violate the Americans with Disabilities Act:

“We call it the nursing cliff,” said Elissa Gershon, an attorney with Disability Rights California. “When they turn 21, their needs haven’t changed, but the services available are much more limited.”

In a lawsuit filed in federal court in Sacramento, Calif., Tuesday, Carranza asked a judge to stop the state’s Medicaid agency from reducing his in-home nursing care, arguing that the limited hours would force him into an institutional facility, thereby violating his civil rights under the Americans with Disabilities Act. [...]

[T]he reductions in health care spending since the start of California’s fiscal crisis in 2008 — more than $15 billion — are coming into conflict, legal advocates say, with federal protections for disabled people. The Americans with Disabilities Act, signed by President George H.W. Bush in 1990, along with subsequent court rulings, require that states help people with disabilities to remain in their homes or in their communities — and out of institutions like nursing homes or psychiatric hospitals — for as long as possible.

Carranza’s story is by no means unique. Millions of Americans with disabilities face these arbitrary, devastating benefit cuts, and federal Medicaid standards aren’t rigorous enough to ensure that Americans in need of “optional” services stay protected in the current scheme. So when politicians talk about block-granting Medicaid to the states in order to promote “innovation,” what they’re really proposing is giving states more authority to leave Americans like Carranza without adequate coverage or the means to live something approaching a normal life.

Carranza’s lawsuit has the potential to spur real change for those suffering with a disability. But ultimately, his story is emblematic of a government health care program that still hasn’t received the attention it should from lawmakers — even in a time of unprecedented reform.

Security

Senate Republicans Vote Down International Disabilities Treaty

Bob Dole lobbied Republicans to vote for the disabilities treaty

The U.S. Senate today killed the ratification of a United Nations treaty designed to improve the prospects of those with disabilities around the world by a vote of 61-38, ending the best chance of any significant treaty making its way through the lame duck session. All “no” votes came from Republicans and the measure fell just five votes short of achieving the two-thirds of the Senate approval required for passage.

In voting down the Convention on the Rights of People with Disability, Senate Republicans have rejected a treaty based principally around the United States’ own Americans with Disabilities Act (ADA), which passed 91-6 in 1990. The major provisions of the treaty were modeled after ADA’s requirements of providing equal access to all citizens regardless of disability; it’s passage also would have given the United States a seat on a committee charged with aiding in implementation.

An impassioned Sen. John Kerry (D-MA) took to the floor just prior to the vote, challenging arguments that the treaty would encroach on American sovereignty and require significant changes in current law. Instead, Kerry charged, the treaty could be boiled down to four words, “Be more like us.” Kerry, the Chairman of the Senate Foreign Relations Committee, was joined in pressing for the approval of convention by Sen. John McCain (R-AZ) in a rare moment of bipartisanship.

Kerry also wrote a op-ed in the Huffington Post earlier today, laying out the provisions of the treaty and shooting down arguments against it:

So let’s be clear: the Disabilities Convention is a non-discrimination treaty. It won’t create any new rights that do not otherwise exist in our domestic law. What are the U.S. obligations under this Treaty? Simple: prevent discrimination on the basis of disability only with respect to rights that are already recognized and implemented under U.S. law. In other words — keep doing what we already have done for the 22 years since we proudly passed the Americans with Disabilities Act.

As for the notion that this treaty supports an expansive “social” rather than a “medical” definition of the term “disability,” shifting the focus from physical to attitudinal barriers for persons with disabilities, don’t let the critics fool you.

It’s true that some countries were advocating for an unacceptable definition of “disability” during treaty negotiations. But those efforts failed. The counterarguments of the United States–and Dick Thornburgh–were successful and the flawed definition was not included in the treaty. Bottom line: the Treaty leaves it up to each country to apply the term “disability” consistent with its domestic laws.

Opposition to new treaties has become endemic among Republicans. GOP obstruction also lead to the blocking of the Convention on the Law of the Sea during this session, despite the united support of business and military leaders behind it. The near failure also implies that the Convention on the Rights of the Child and the Convention on the Elimination of Discrimination Against Women, both opposed by the 2012 GOP Platform, won’t be moving forward anytime soon.

Former Sen. Bob Dole (R-KS), also a previous Senate Majority Leader and 1996 candidate for President, was on the floor to lobby for Republican votes to help pass the treaty, but not even his presence, just days after being released from a brief stay in the hospital, was enough to save the vote.

Instead, Republicans chose to stand with former Sen. Rick Santorum (R-PA) in his castigation of the treaty’s provisions. In doing so, they’ve managed to prevent millions of parents around the world from being afforded the safe protection of their children with disabilities that Santorum enjoys and denied the United States the ability to prompt other states to live up to its standards.

Update

Senate Majority Leader Harry Reid (D-NV) has vowed in a statement to bring the Convention on the Rights of People with Disability back to the floor next year:

This treaty was about 57 million Americans who live with a disability. Republicans such as former President George H.W. Bush, Senator McCain and former Senator Bob Dole called on their Republican colleagues to support these Americans. I am saddened those Senators did not listen. Their arguments against the treaty had no basis in fact – the treaty does not change United States law. That is why I plan to bring this treaty up for a vote again in the next Congress. Our wounded veterans and millions more around the world deserve better.

Justice

CA Police Allegedly Covered Up Serial Rape At Facilities For The Disabled

California police tasked with protecting developmentally disabled patients turned a blind eye to a pattern of sexual assault by their caregivers, according to an investigation by the independent journalism group California Watch. While there were 36 accusations of sexual abuse at state-run facilities for the disabled in the past four years, the Office of Protective Services — the specialized police force in charge of the facilities — routinely failed to take the basic steps necessary for a real investigation into the allegations. Most notably, they did not order a single rape kit in any one of the cases in question, even though the kits are “widely regarded as the best way to find evidence of sexual abuse:”

Without physical evidence, it can be nearly impossible to solve sex crimes, especially those committed against people with cerebral palsy and profound intellectual disabilities. In the three dozen cases of sexual abuse, documents obtained by California Watch reveal that patients suffered molestation, forced oral sex and vaginal lacerations. But for years, the state-run police force has moved so slowly and ineffectively that predators have stayed a step ahead of law enforcement or abused new victims, records show.

Much of the alleged sexual abuse in the California institutions has occurred at the Sonoma Developmental Center, where female patients have been repeatedly assaulted, internal incident records show. In one case, a caregiver was cleared by the police department of assault and went on to molest a second patient.

The mentally disabled are particularly in need of zealous police protection, as their limitations make it significantly harder for them to testify or identify their attackers. That’s why mentally handicapped persons are twice as likely to be sexually assaulted. Moreover, some of the evidence of assault was unequivocal: one mentally disabled patient, Jennifer, was found with “blue bruises shaped like handprints covering [her] breasts” and, later, turned out to be pregnant. Though she pointed to an employee of her facility as her rapist, the Office of Protective Services “took no action” besides opening a case.

One former patrol officer at a facility, Joe Guardado, said the program administrators were to blame for this unconscionable negligence. “They didn’t want anything to get out, so they handled it internally. They call the shots,” Guardado told California Watch.

The failure to properly collect and test rape kits is, sadly, not limited to California facilities. Several states have charged rape victims hefty sums for their kits, potentially limiting access to justice for indigent victims. The federal Violence Against Women Act requires rape kits be provided free of charge as a condition of states receiving federal dollars. There are also thousands of rape kits that have been collected, but have not been analyzed for use in investigations or trials: by one estimate, “400,000-500,000 untested rape kits sitting in police evidence storage facilities and crime labs across the country.”

Health

Rick Santorum Opposes Equal Rights Treaty For People With Disabilities

Rick Santorum and his daughter Bella

On Tuesday afternoon, Sen. John McCain (R-AZ) read a letter from former Sen. Bob Dole (R-KS) imploring Senate Republicans to ratify a United Nations treaty affirming equal rights for disabled individuals. Dole, who was hospitalized on Tuesday, was a World War II veteran who suffered lasting disabilities after his service.

Senate Majority Leader Harry Reid (D-NV) announced Monday that he plans to bring the treaty up for a vote in the Senate — but, despite widespread support for the measure, Republicans seem bent on killing it again this time around after blocking Democrats’ last attempt to ratify the treaty in August.

Former GOP presidential candidate Rick Santorum is leading the charge against the treaty. Santorum, whose daughter was born with a rare genetic disorder, takes issue with protections that allow the state to separate a child from a parent if “such separation is necessary for the best interests of the child,” such as in cases of emotional or physical abuse. At a press conference with Sen. Mike Lee (R-UT), Santorum called this “a direct assault on us and our family.” He expanded on that point in an interview with CNN’s Piers Morgan on Monday night:

It’s the convention for the Rights of People with Disabilities, which sounds like a wonderful thing. But the problem is there’s a provision in this international law which we would be adopting if the Senate ratifies this that puts the state, the state in the position of determining what is in the best interest of a disabled child. And as the — as the father of a little girl who, if you look up the medical definition of her condition, says it’s incompatible with life, I hesitate to think what those in government and in charge would think that — how our daughter should be treated and what medical treatment should be available to her if her diagnosis is — it’s incompatible with life.

And so this would be something unprecedented in American law to give the state the ultimate authority as to what is in the best interest of your child. Historically the United States has been clear. Parents, unless they’re unfit for some reason, get that decision. This would change under this convention, and that’s why Karen and I stood forward today and along with Mike Lee from Utah, and said we have to oppose this.

Watch it:

The treaty, which bans discrimination against people with disabilities, was originally signed in 2006 under George W. Bush’s administration and re-signed in 2009 by President Obama. More than 150 nations have signed it and 126 have already ratified it, and it is backed by a range of disabilities and veterans groups as well as the U.S. Chamber of Commerce. The specific article that Santorum is concerned about actually ensures that disabled children are not separated from parents against their will or on the basis of their disability or a parent’s disability. Only in cases where a judge determines a child is being abused or neglected would a separation be allowed. This is more or less identical to the U.S.’ current policy, which Santorum himself acknowledges.

In fact, as Dana Milbank points out, the treaty requires other nations to model their laws on the Americans With Disabilities Act, which already forbids discrimination based on disability.

The ADA ensures that Santorum’s daughter, Bella, cannot be blocked from going to school or from receiving the medical treatment and accommodations she needs. In opposing the treaty, Santorum is actually opposing those same protections for other disabled people all around the world.

Alyssa

‘The Sessions,’ And Why Stories About Disabled Characters Aren’t All About Triumphing Over Disability

I agree that Hollywood often does a rather sappy job when it tries to tell stories about people with disabilities, but unlike Ian Buckwalter, writing on The Sessions, which I reviewed in February (when it had a different title), I don’t actually think the answer is that our depictions of disability need to get more despairing:

There’s no rule that says the tougher film has to be the better one, but the problem with Intouchables and The Sessions is that they achieve their sunny dispositions by pulling punches. Any hint of difficulty is immediately tempered so as not to upset the lightly comedic tone of both films. Nowhere is this more apparent than in the scene in The Sessions when a power outage causes a failure in the iron lung that allows Mark to breathe. While it’s in character for the devoutly Catholic Mark to greet potential death with the same beatific acceptance he carries through much of the rest of his life, that doesn’t mean the film can’t recognize the dire nature of the circumstances. This should be a tense moment, but The Sessions refuses to acknowledge highs and lows, tension and release. It flatlines from start to finish, even if Mark doesn’t.

Audiard strikes a better balance in Rust and Bone, demonstrating that one can take a pat inspirational story and infuse it with the hardship required to make that inspiration feel earned. Following the loss of her legs, Stéphanie is nearly as defeated as the stroke victim of Amour. As a whale trainer, she makes her living on her feet, and her character’s despair is palpable. More importantly, Audiard makes it impossible to turn away from that despair, unlike the glossed-over expository conversations in Intouchables and Sessions about how their characters dealt with that loss.

The thing is, there’s a difference between a story about someone learning to cope with a newly-acquired disability, and a story about someone with a disability doing something else, like having sex or falling in love. In that first category of story, the goal of the movie is presumably to communicate to a majority able-bodied audience that their negative expectations for what their lives would be like if they suddenly lost, say, the ability to walk, aren’t accurate or complete, and that joy, love, and physical pleasure are still possible. As much as I dislike the idea that movies about people with disabilities need be tragic, I understand why these categories of films include that register of emotions, because they’re a way of hooking in audiences who fear the idea of grave accidents or infections that suddenly change their capacities.

But I don’t think The Sessions is a movie about a man learning to cope with a disability—in fact, it’s a movie about a man who’s coped very well with the limitations in his mobility for years. The film explains those arrangements because it assumes that an able-bodied audience will be interested in how Mark gets around and makes a living. But it’s emphatically not about him coming to terms with the fact that he has to use an iron lung, or hire an aide, or even that in a power outage, Mark could be in considerable danger. Instead, The Sessions is a sex comedy with Mark’s experience with polio as the reason he never lost his virginity. It’s a more concrete explanation than The 40-Year-Old Virgin, and the tone is kinder and more emotionally attuned than that movie (Legit, which FX plans to put on its schedule at some point, has a pilot that is basically a glorious mashup of The Sessions and em>The 40-Year-Old Virgin). But it’s essentially a similar concept.

And I don’t see why a movie like that has to be dark, or despairing. In fact, way the arcs for a lot of the best sex stories work is that there’s a lot of anticipation, and then an anti-climax, rather than an enormous climb and an inspiring victory. The 40-Year-Old Virgin ends with relatively brief sex and a goofy sing-a-long: the emotional work’s done, the victory achieved. Rats Saw God, one of my favorite young adult novels, actually draws some wonderful drama from the main characters’ reactions to the first time they have sex: the fact that it isn’t a transformational experience leaves them feeling confused and somewhat alienated from each other. In The Sessions, the obstacles are Mark’s anxieties, premature ejaculation, his desire to give pleasure as well as to feel it. These are not the things of triumph-over-disability movies: they’re things that a lot of us experience, and Mark’s confinement to his iron lung is the particular thing that inflects his journey through them. But that doesn’t make these experiences and emotions unimportant—if anything, that Mark is concerned with giving pleasure even though it’s harder for him to, say, touch his partner, makes him a hero in comparison to less thoughtful people, whether they have physical limitations or none at all. Sex comedies shouldn’t have to automatically move into a tragic key because a person with a disability is involved in them. Rather, how persons with disabilities—not all of whom acquire those conditions dramatically or suddenly—navigate circumstances that they share with those of us who don’t have disabilities tells us about the universality of those experiences, rather than offering testaments to the resilience of the human spirit.

There’s something disquieting about the idea that the only uses of characters with disabilities should be to provide those testaments. As with, say, gay characters, telling stories about difference is only a first order accomplishment when it comes to diversity. By all means, tell stories about what it means to suddenly move into the ranks of people with disabilities, the legions of wheelchair users. But remember that people are born with disabilities too, and people who have disabilities do far more with their lives than accommodate themselves to the limitations and difficulties they face.

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