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NEWS FLASH

Debt Collector Allegedly Tells Disabled Vet ‘You Should Have Died’ After Illegally Seizing Savings | A disabled veteran is suing Gurstel Chargo, a debt collection agency that allegedly illegally seized his savings to pay off a $6,000 defaulted student loan. According to his complaint, Michael Collier was rendered 100 percent disabled from spine and head injuries received during his time in the Army, a condition that exempts him from debt garnishment on Social Security payments. Collier says that when he asked for his money back, a paralegal at the agency told him, “If you would have served our country better you would not be a disabled veteran living off Social Security while the rest of us honest Americans work our ass off. Too bad; you should have died.”

Justice

Court Requires Disabled Rape Victim To Prove She Resisted, Calls For Evidence Of ‘Biting, Kicking, Scratching’

Defendant Richard Fourtin Jr.

In a 4-3 ruling Tuesday afternoon, the Connecticut State Supreme Court overturned the sexual assault conviction of a man who had sex with a woman who “has severe cerebral palsy, has the intellectual functional equivalent of a 3-year-old and cannot verbally communicate.” The Court held that, because Connecticut statutes define physical incapacity for the purpose of sexual assault as “unconscious or for any other reason. . . physically unable to communicate unwillingness to an act,” the defendant could not be convicted if there was any chance that the victim could have communicated her lack of consent. Since the victim in this case was capable of “biting, kicking, scratching, screeching, groaning or gesturing,” the Court ruled that that victim could have communicated lack of consent despite her serious mental deficiencies:

When we consider this evidence in the light most favorable to sustaining the verdict, and in a manner that is consistent with the state’s theory of guilt at trial, we, like the Appellate Court, ‘are not persuaded that the state produced any credible evidence that the [victim] was either unconscious or so uncommunicative that she was physically incapable of manifesting to the defendant her lack of consent to sexual intercourse at the time of the alleged sexual assault.’

According to the Rape, Abuse, and Incest National Network (RAINN), lack of physical resistance is not evidence of consent, as “many victims make the good judgment that physical resistance would cause the attacker to become more violent.” RAINN also notes that lack of consent is implicit “if you were under the statutory age of consent, or if you had a mental defect” as the victim did in this case.

Anna Doroghazi, director of public policy and communication at Connecticut Sexual Assault Crisis Services, worried that the Court’s interpretation of the law ignored these concerns: “By implying that the victim in this case should have bitten or kicked her assailant, this ruling effectively holds people with disabilities to a higher standard than the rest of the population when it comes to proving lack of consent in sexual assault cases. Failing to bite an assailant is not the same thing as consenting to sexual activity.” An amicus brief filed by the Connecticut advocates for disabled persons argued that this higher standard “discourag[ed] the prosecution of crimes against persons with disabilities” even though “persons with a disability had an age-adjusted rate of rape or sexual assault that was more than twice the rate for persons without a disability.”

Update

An astute reader pointed out that the prosecution appears to have made an egregious error in the trial. Instead of prosecuting the sexual assault on grounds that the victim was “mentally defective” (subsection 2 of this code), they charged that sexual assault took place because the victim was “physically helpless” (subsection 3). Without the subsection 2 evidence, the Court could not consider the mental capacity of the victim and hence ruled only on physical helplessness, perhaps wrongly. As noted above, disability rights advocates still have major concerns about the majority’s holding on subsection 3 grounds, as it appears to set a higher standard of proof of “physical helplessness” for disabled victims relative to able-bodied ones.

Alyssa

Five Famous Members Of The 47 Percent Who Could Teach Mitt Romney About Public Assistance

There are a lot of things deeply wrong with the vision of the world Mitt Romney laid out for a group of fundraisers in May in remarks recorded on video released by Mother Jones. There’s the idea that the very poor are sponging off the labor of the very rich. The misplaced idea that people who receive any form of government assistance inevitably vote for Democrats. But one of the things that stuck with me, as it always does, is that everyone receiving government assistance, whether in the form of tax credits, Supplemental Security Income, or help from the Supplemental Nutrition Assistance Program likes it, that help from the government is something people develop a taste for and want to continue consuming. It’s a narrative that doesn’t allow for the idea that needing help actually becomes a substantial spur to success for a lot of people. I’m sure these five people—and many others—might be able to enlighten Romney about the impact of getting help from the federal government on their lives, and what they do and don’t think they’re entitled to.

1. Natalie Hawkins, mother to Olympic gold medal gymnast Gabby Douglas: Hawkins is on long-term disability, something that doesn’t seem to have prevented her from helping raise an Olympic gymnast. Shockingly, I’m pretty sure she doesn’t enjoy having had to declare bankruptcy, or the fact that her daughter’s endorsement earnings after her Olympic all-around gold medal will probably be the thing that can lift her out of it.

2. Tobey Maguire: The actor told Barbara Walters in 2002 that “Me and my Mom would go into a grocery store and get groceries and pay for them with food stamps, and I would run out of the store embarrassed.” That doesn’t really sound to me like someone who believes “that they are victims, who believe the government has a responsibility to care for them.”

3. Oprah Winfrey: Winfrey’s mother, Vernita Lee, sometimes relied on welfare to supplement her income during Winfrey’s childhood—in fact, she gave up Winfrey’s half sister, Patricia Lee, for adoption because she was afraid the burden of raising another child would make it impossible for her to get off the welfare rolls. The experience doesn’t appear to have bred in Winfrey a love of government assistance. During the debate over welfare reform, Winfrey declared she wanted to “destroy the welfare mentality,” and gave $6 million for a program run through the Jane Addams Hull House Association to help Chicago families move off the welfare rolls.

4. Cecil Fielder: While Fielder worked his way up to the big leagues, his family couldn’t make ends meet on minor-league paychecks. His wife Stacey got the family food stamps to cover the gaps. Fielder finally made it in the bigs, and his son followed him to a Major League career. Taking some public assistance doesn’t appear to have given the family a multi-generational taste for the culture of dependency.

5. Whoopi Goldberg: Before she was an actress, she sometimes relied on public assistance—People reported that she worked however she could while trying to make it as an actress, including a stint as a morgue beautician. That doesn’t sound like someone who would have preferred to be supported by the government to winning an EGOT.

LGBT

Pennsylvania Christian School Fires Teacher For Having A Disability, Blames Her Gay Son

The Covenant Christian Academy in Harrisburg, PA believes that “the practice of same-sex relations is a sin and that promotion of such a lifestyle is a sin,” and they’re now using that belief to justify the firing of a teacher.

When Sharon Wright’s son announced on Facebook during his senior year (2009) at the school that he was gay, he was indefinitely suspended and not allowed to return to the school. This created an interesting dilemma for Wright, who was a teacher at the school. She continued to teach there despite her support for her son, but endured comments from school administrators like, “your son is broken, and it’s your job to fix him” and that this was a “battle for his soul.” The ongoing stress of the situation exacerbated her mental health diagnoses of “adjustment disorder with mixed anxiety and depressed mood” and impaired her “thinking, concentrating, interacting with others, and sleeping.”

Wright requested a medical leave of absence in January 2010 for her disability, which was granted. She insisted that she could resume the duties of full-time teaching for the following school year provided future medical leave be accommodated, if needed. The school, however, tried to impose an involuntary sabbatical because she “needed a year to heal.” Rejecting Wright’s request for intermittent medical leave, Covenant was not rehired for a full-time position for the following year. Now, she has filed suit in federal court claiming that she was discriminated against in violation of the Americans with Disabilities Act.

The school argues that they did not rehire Wright because of a letter she ultimately wrote in May 2010 criticizing its anti-gay policy, calling her suit a “personal vendetta” that attacks the school’s “constitutionally protected religious doctrine.” Of course, her suit does not address the school’s anti-gay policy whatsoever, but it does point out that the recommendation to not hire her preceded the letter she wrote. Covenant denies almost every claim Wright makes in the suit.

No doubt, the academy’s anti-gay policy and its treatment of Wright’s son are odious. But now it seems the school is using that policy to justify discriminating against one of its teachers. Though the school did not accuse her of violating its tenants in her capacity as a teacher, she endured an environment so hostile that it impacted her mental well-being. Ultimately, the school used that as justification for her termination. If the anti-gay policy was directly to blame, there is little explanation for the school’s unsatisfactory offers of part-time work or a year-long sabbatical. It seems more likely that Covenant simply didn’t want a teacher who loved her gay son.

Read Wright’s full complaint and the school’s laconic response.

Alyssa

Untangling the Paralympics

With the Paralympic games on in London, disability is on the world stage, and in a positive framing, for once. Instead of the usual disability-as-tragedy narrative, we’re seeing skilled athletes at the top of their game competing against each other in a range of events, from equestrian (my favourite!) to goalball, a sport designed for blind and low-vision athletes. Inevitably, with increased visibility comes increased discussion and awareness, which is in resulting in some positives, and some negatives, but a conversation that is fascinating overall; the disability community itself is a bit split when it comes to reception of the Paralympics, for example.

Fireworks at the Paralympics opening ceremonies

The origins of the games lie in the Stoke Mandeville Games of 1948, which ran alongside the Olympic Games. Their organiser, Ludwig Guttmann, was a neurologist who worked with disabled veterans. In the wake of the Second World War, large numbers of men were occupying military hospitals and convalescence centres with spinal cord injuries, amputations, head injuries, and other disabilities acquired in battle. Patients injured in bombings and other events were also changing the landscape of disability in Britain.

Guttman started engaging them in sports as a form of therapy to ‘rescue these men, women and children from the scrapheap.’ His argument, that people with disabilities were often mired in long-term care facilities with little social or medical support, still holds true today. Patients were rotting in their beds then and they still are; so he used sports therapy to get them moving, and he developed the games to showcase the diversity within the disability community, and illustrate that people with disabilities weren’t inherently useless or less capable than the nondisabled community.  Read more

Alyssa

Web Series Wednesday: ‘Husbands,’ ‘My Gimpy Life,’ ‘H+’ and ‘Lauren’

There are a lot of terrific online sitcoms and dramas coming online every day, which is a blessing. But it can be hard to hunt down the best of that content across all the platforms where it lives. So every Wednesday, I’ll bring you a roundup of the best of online television that I’m watching in a given week. And if you have recommendations for shows I should be watching, let me know.

1. Husbands: Season 2 of the marriage equality sitcom from Brad Bell and Jane Espenson begins today as our newlyweds, baseball player Brady and unemployed actor Cheeks start navigating what boundaries look like in married life. And if you need a refresher, check out my behind-the-scenes look at the series and the challenges and opportunities of making television for the internet.

2. My Gimpy Life: There are a lot of funny, unsentimental comedies about people with disabilities in the pipeline, including The Sessions, the Oscar-bait movie starring John Hawks as a polio-stricken man who sets out to lose his virginity in his thirties and FX’s upcoming sitcom Legit, which follows the misadventures of three men, one of whom uses a wheelchair. Actress Teal Sherer beat them both to the punch with this funny, spiky series that’s as much about how Hollywood works as it is about navigating life while using a wheelchair:

3. H+: Bryan Singer returns to some of the themes he explored in his X-Men movies in H+, a series about a world where humans have adopted computer implants in their brains—but the man who invented the technology has vanished and whistleblowers are warning of ominous consequences. The show looks terrific, and I think has a chance to be one of the first great online dramas:

4. Lauren: Lots of online television shows are distinguishing themselves from network fare by bluntly confronting social issues. Lauren, one of a number of series from the WIGS channel, which focuses on female characters, is taking on rape and the chain of command in the military:

NEWS FLASH

Mentally Disabled Man’s Clemency Appeal Denied | Despite the Supreme Court’s ban on executing people with intellectual disabilities and court ruling that found that Warren Lee Hill, Jr. is “mentally retarded,” the Georgia State Board of Pardons and Parole today denied Hill’s request to commute his sentence to life in prison. The Board also denied Hill’s appeal for a 90 day stay. Brian Kramer, Hill’s attorney, was outraged by the decision, saying “[t]his shameful decision violates Georgia’s and our nation’s moral values and renders meaningless state and federal constitutional protections against wrongful execution of persons with mental retardation.” Georgia requires that retardation be proved beyond a reasonable doubt. Hill’s execution is scheduled for 7pm Wednesday, but, as a last resort, Hill can appeal to the Supreme Court. The Supreme Court’s ban on executing the intellectually disabled has been in place since Atkins v. Virginia was decided in 2002.

Alex Brown

Alyssa

No, Oscar Pistorius Will Not ‘Ruin The Olympics’

Oscar Pistorius, a South African quarter-miler who became the first athlete with a disability to qualify for the Olympic Games this year, was born with a rare condition that caused the amputation of both legs below the knee. Pistorius runs on “blades,” and though there is no evidence that the blades provide Pistorius with any competitive advantage over his fellow runners, his participation has sparked a needless controversy from writers and analysts like CBS Sports’ Gregg Doyel, who thinks the precedent set by Pistorius’ participation could “ruin the Olympics.”

The nut of Doyel’s argument is that while Pistorius’ story is “a great one,” it isn’t fair for him to run against “able-bodied” athletes because at some hypothetical point in the future, a disabled runner using prosthetic blades will have an unfair advantage over athletes with legs. That, Doyel says, is a dangerous precedent:

But Pistorius represents so much more than one man, one country, even one Olympiad. He represents every amputee from this day forward, and once he runs in the 2012 Games, the precedent will have been set. And it’s not a good one.

The small problem with Doyel’s argument is that it depends solely on a hypothetical, one the International Olympic Committee is capable of dealing with. If technology becomes an artificial advantage, it is an easy problem to address, the same way the IOC bans performance-enhancing drugs and dealt with the swimming suit controversy from the 2008 Beijing Games. And Doyel either isn’t aware of or doesn’t mention the story of George Eyser, a gymnast whose six medals at the 1904 Olympics remain the only ever won by an athlete with an artificial leg. Far from being ruined, the Olympics continued to grow and prosper for the next 108 years.

The larger problem, though, is that Doyel and others that share his view have seemingly lost a perspective of what the Olympic Games are for, something that is easy to do in a country that regularly finishes at the top of the medal count and where sports, for better or worse, are played solely to win. But here, lest Doyel or anyone else forget, is the Olympic mission:

The purpose of the Olympic Movement is to:
– link sport with culture and education;
– promote the practice of sport and the joy found in effort;
– help to build a better world through sport practised in a spirit of peace, excellence, friendship and respect.

This mission is what led the IOC to negotiate the addition of first Saudi Arabian women in Olympic history to the kingdom’s team even though they didn’t qualify. It is what leads athletes across the globe to chase the Olympic dream even if they have no chance of challenging better athletes for a gold medal. It is what brought Jesse Owens to the Third Reich, Pyambu Tuul to Barcelona, a united Korea to Sydney, and a man with no legs to London.

The Olympics are as much about the stories of overcoming adversity and challenging global and personal barriers as they are about champions and their medals. Oscar Pistorius won’t ruin that. Attitudes like Doyel’s will.

Alyssa

‘The Sessions,’ Disability, and Pity In Popular Culture

I loved The Sessions (then titled The Surrogate) when I saw it at Sundance, and I wish the trailer captured a little bit more of the movie’s tart humor. What’s unusual about The Sessions, which is based on an article by the late Mark O’Brien, isn’t just that it deals with the sexual lives of disabled people, an almost untouchable subject in modern popular culture, but that it’s a movie that is directly about the disparate experiences of people with disabilities without encouraging the audience to pity the main character:

Mark is funny, in the movie. He’s smart. He’s eloquent. He faces something he’s anxious about—losing his virginity—directly and with a lot of self-awareness. He’s not a saint, which is a relief. Mark gets to make mistakes and cross boundaries, but he also takes responsibility for those errors and grows from them. In other words, he’s a specific person, rather than a stand-in for a set of traits or the means by which able-bodied people learn tolerance and get to be awed by Mark’s perseverance and hope.

I think we need a lot more of this in pop culture. People with disabilities have different experiences of the world than able-bodied people do, in a whole range of areas. Folks with disabilities have higher unemployment rates than able-bodied people, and a lack of adaptive technologies can make it harder for them to access educational opportunities and appropriate housing. But the fact that our society and political system have been slow to accomodate disabled people, and that disabled people live involve different challenges and frustrations, doesn’t mean that people with disabilities are pitiable or saintly, or that their experiences are wholly different from able-bodied people’s. Mark’s intimacy issues and fear that he’s unlovable may spring from different wells than your standard romantic comedy heroine’s, for example, but the movie is a variation on a conventional romantic comedy structure. He is definitely not your Judd Apatow-style schlub—he’s an accomplished poet, as O’Brien was in real life—but his conversations with his priest (a very funny William H. Macy) and his caregiver (Moon Bloodgood) are funny in some of the same frank ways. It’s depressing to watch pop culture, and people more broadly, get caught up in disabilities such that they fail to see the people, and the characters, who have disabilities but are hardly the sum of them.

Economy

House GOP Would Slash Billions In Benefits For Low-Income Disabled Kids

Our guest blogger is Rebecca Vallas from the SSI Coalition for Children and Families.

House Republicans recently proposed billions of dollars in cuts to Supplemental Security Income (SSI), a critical income support for kids with severe disabilities who live in households with very low-income and assets. While the proposed cuts amount to just one 1/100th of a percentage point of the federal budget, they would be nothing short of devastating for our nation’s most vulnerable children, and the families who care for them.

The 2013 House Budget Resolution includes $3.5 billion in cuts (over 10 years) to benefits for the hardest-hit youngsters — those in families with more than one child receiving SSI for their disability. Some 150,000 children with severe disabilities would see their critically needed benefits cut dramatically, forcing parents to make impossible choices — whether to meet the needs of one disabled child over the other.

SSI provides income support, and Medicaid in most states, to low-income elderly and disabled Americans, including about 1.3 million children with severe disabilities. Only the most severely impaired children in households with very low income and resources qualify for SSI. Kids receive less than $600 per month, on average. While modest, SSI makes it possible for families to care for their kids with disabilities at home instead of in costly institutions.

It offsets some of the extra expenses related to the child’s disability — like transportation to and from doctors and specialists; adaptive equipment; and specialized child care — many of which may not be covered by private insurance or Medicaid.

It also replaces some of the income lost when a parent reduces his or her hours, or leaves a job altogether to stay home to care for a disabled child. Between 10 and 30 percent of parents (usually mothers) with disabled children report stopping working entirely, and between 15 and 68 percent report cutting work hours to care for their children with disabilities. Even with the income support from SSI, over a third of children receiving SSI remain in poverty.

Families with more than one disabled child are even harder hit. Over 70 percent of families with more than one disabled child receiving SSI report experiencing material hardships such as food insecurity, and housing and utility hardships—even with the income support from SSI.

Kids with disabilities face considerable obstacles. They are more likely to drop out of school, be unemployed, have lower earnings, and receive disability benefits as adults. SSI helps parents provide the services and supports kids with disabilities need, offering them a better chance to achieve self-sufficiency later in life, and saving taxpayer expenditures down the road.

Families raising low-income children with disabilities need more help, not less. Cutting SSI, especially for families raising more than one disabled child, would push already needy children with disabilities deeper into poverty, and would end up costing taxpayer dollars in the long run.

We can and must do better than balancing the budget on the backs of poor, disabled kids.

Click here for more information about the SSI Coalition for Children and Families, or to get involved.

Click here to share your story if SSI has helped your family or someone that you know.

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