In 2004, Jonathan Magbie was caught in possession of marijuana and a gun after being stopped in a car being driven by his cousin.  The marijuana, which Magbie admitted to purchasing, was used to ease the pain of his disability (paralyzed from the neck down.)   The judge that sentenced Magbie to jail told a judicial commission the reason she was sentencing him to jail was that he would “continue to smoke marijuana to alleviate his pain” even though other first time offenders had been given parole.

The facilities which housed Magbie during his stay in jail had many things wrong with them including the lack of equipment (ventilator) for Magbie to use during the night and the lack of routine checkups by the staff.  The family of Magbie sued the city based on negligence in 2004 and recently settled their case.

The family of Magbie sued the city claiming negligence in 2005 and recently got a “substantial” settlement (according to the prosecuting attorney from the ACLU).

“The family’s concern was to make certain that, to the extent anyone can prevent it, that this terrible type of event never happens again,” said Elizabeth Alexander, an ACLU lawyer who represented Scott [Magbie's mother]. “A series of people dealt with this young man, and every single place where something could go wrong, it did go wrong.”

Read the whole article here:  City Settles in Death of Paralyzed Inmate

Oregon Governor Ted Kulongoski’s 2009-2011 budget proposal avoids any cuts to K-12 and post secondary education at the expense of community-based care services to elderly and people with disabilities. The cuts to in-home care provisions will affect some 6,500 seniors and people with disabilities as well as slashing some health benefits such as vision and dental from the state’s health plan. The cuts would also affect drug and alcohol treatment programs and child care for low-income families.

The Governor defended his position stating that a well-educated workforce is required for when the economy recovers.

Kulongoski’s 2009-2011 budget proposal is a starting point, and legislative leaders on Monday immediately signaled it could be open to major revisions.

Senate President Peter Courtney said he’s concerned that Kulongoski’s social services cuts go too deep, especially since the most recent monthly unemployment report showed 14,000 Oregonians joining the jobless ranks.

Read the whole story here: Education wins state budget clash

The Sacramento Bee recently posted an opinion/editorial piece about the proposed state budget cuts and the special session called by Governor Schwarzenegger. Even though the budget has not been finalized, many fear services will be cut and taxes will be raised which will place undue burden on those most in need.

The story of one person (Dena Wright) within the piece says that she lived with her parents until they were no longer able to care for her, then she moved into a nursing home. The resident now lives independently with the help of a caregiver. Wright also noted that life in an institution is no life at all, rather an existence.

While in nursing homes, Wright says, she “only existed” and felt as if she were among people who “were just waiting to die.”

“I finally have my freedom and independence,” she told me in a written message.

The Governor’s proposed cuts would remove much of the funding allowing many people to live independently thus forcing them to return to nursing homes. The cuts of the budget would bring the SSI/SSP payments from $870 a month down to $830 on top of a rise in taxes and cut Medi-Cal which many rely on for health care. The cuts would also affect IHSS, which help those with disabilities and aged live independently; which would place more burden on counties throughout the state to make up the cost in order to have skilled people within the program.

Read the whole Sac Bee Op/Ed piece here: The Conversation: Proposed cuts would hit disabled too hard

Another related story was posted by the Press Enterprise also discussing cuts proposed by Governor Schwarzenegger.  That article can be found here: State in-home aid to disabled on cutting block

On a 20-acre ranch in Alaska, former Iditarod racer Lynda Plettner and staff provide an alternative home to adults with developmental disabilities. The ranch houses many animals of different varieties including dogs horses and birds. The ranch provides a therapeutic setting for its clients and lacks the overload of stimuli one would find in more urban areas.

“She gives them a sense of accomplishment, positive reinforcement. She creates a very warm and congenial environment for a wide variety of individuals with a wide variety of disabilities. She has a very consistent staff that follows through with stuff that needs to be done. I have seen great strides in the abilities of people in my care.”

Plettner stumbled into the business by allowing a man with disabilities to volunteer every Saturday to help take care of her dogs. When the man lost his place in an assisted-living home, Plettner offered him a place to stay, room and board, for free. Eventually, Plettner got license to care for three adults with disabilities, then again got licensed as “Big Lake Country Club” and added six more rooms. Soon she plans to add on two more rooms to be caring for 11 clients total.

Plettner embarked on the adventure planning to have the clients help in all aspects of living, including cooking and cleaning. According to her it is more labor intensive to have them help, but also gives them a sense of accomplishment. She also makes sure that the clients are able to interact with the community by providing each with a library card, watch and cellular phone (for safety) and bicycles/cross-country skis to encourage physical fitness.

Read the whole article here: Iditarod racer’s goals shift from Nome to Home

A settlement was reached in a class action lawsuit against the State of Illinois for violation of civil rights of people with disabilities for only offering long-term care in institutionalized settings; the state ranked 51st among the states and Washington DC for services provided to people with disabilities. Nearly 6,000 individuals with disabilities and thousands of other at risk (of institutionalization) will now have the choice to live in the community.  The settlement still requires approval by the courts.

Where I live now, I cannot choose my own roommate and I have no privacy,” said David Cicarelli, a 35-year old named plaintiff in the case. “I want to live with friends in the community and have my own room.” David’s father, Jim Cicarelli agrees, “We are so happy that our son, and many others with developmental disabilities, will be fully integrated into the community. For over ten years, David has waited to fulfill his dream to live in the community. We are thrilled that finally his dream will be realized.”

Despite the ten year old Supreme Court ruling saying “unnecessary institutionalization of people with developmental disabilities is discrimination under the Americans with Disabilities Act,” the state has continued pushing people to its 250 large, privately owned care facilities.  Following approval of the courts, those in institutions will undergo evaluation for determining the supports and services required to live independently, then will receive an “individualized service plan” and be living in the community within six years.

Of course, those who like their current living situation may choose to stay as well as move into the community later.  Those living with their families at risk of institutionalization will have more options as well.

Read the whole story:  People with Developmental Disabilities Celebrate Agreement with State of Illinois in Landmark Lawsuit

The Washington State Governor’s Committee on Disability Issues and Employment is seeking information about concerns affecting the lives of individuals with disabilities and their families in the Kelso/Longview area, according to a press release from the committee. The group also is interested in learning about positive changes and success stories in the community.

The building is accessible and transportation from the meeting will be provided by CUBS.

Life and work issues faced by people with disabilities will be discussed from 4 to 6 p.m. Nov. 13 in the Cowlitz PUD auditorium, 961 12th Ave., Longview.

The whole article with contact information about the meeting can be found here:  State panel to hold discussion on living with disabilities

While it has taken 9 years for the New Zealand government to more adequately fund the full participation and inclusion of people with disabilities in the community. Prior to the funding boost direct support workers were the lowest paid sector of the workforce. The minister (David Cunliffe), seeking reelection, approved the funding only four days before a general election.

Given the high regard the minister says he has for disability support workers and his desire to improve their wages and working conditions, Ms Murray asks if this means that the government will respect the Employment Relations Authority’s recent decision that the minimum wage should be paid to disability support workers required to do sleepovers as part of their job? The Alliance believes that if Mr Cunliffe is to be taken seriously, he should provide the organisations involved with the necessary to funding to pay their staff appropriately rather than encouraging them to appeal the decision.

Read the whole article here: Labour late to disability support workers’ cause

Fiji has taken from United States President-elect Barack Obama using his catch phrase of “Yes We Can!”  They have recognized the barriers against people with disabilities especially in sports.

“People always see disability as an obstacle to life. That’s why we are always cast as second class citizens. God made us to be special and please respect that because we are also humans like you,” he [Daniel Vakalagilagi] added.

“To us disability is a motivator instead of an obstacle. Life would be meaningful to some of us if society stops treating us differently. Please allow us to live like normal people.”

“There are other sports that we could play like wheelchair rugby and basketball, but if given the chance, we would be like Barak Obama where we believe in making changes in peoples’ lives. Yes, we can do it,” Vakalagilagi concluded.

Read the whole article here:  Yes we can: Fiji Disabled Sports

I was listening to KGO 810 AM and heard about a new site (change.gov) for the transition between the Bush administration and the Obama administration.  I looked at the site and was immediately surprised to see a page titled “Share Your Story” and “Share Your Vision.”

Note: You should not submit personal information in the forms above until they are in a secured SSL environment.  (It shows up as a lock like when you order stuff online)

The Obama administration is attempting to engage people through using the Internet, as we originally saw it with his campaign.  It’s generating hope that the administration will listen to the people’s views and ideals.  This not only would be the first African-American President, but one to utilize the Internet to the full of its abilities.

(more…)

The British Council recently signed a memorandum of understanding between the National Centre of Human Rights (NCHR) and the Higher Council for the Affairs of People with Disabilities promoting inclusion saying that the rights of PWDs to work and of equal opportunity are the most basic of human rights. The commission, labeled “Opportunities for All,” was started last year by the British Council and sought to convene groups ranging from disability employment, human rights practitioners, the media and local organizations to develop the best possible policies to achieve their goals.

In addition, five advocacy groups designed to promote PWD rights for work and equal opportunities will also to be established across the country. According to Hattar, the network will now focus on measures to carry out their work, part of which entails promoting advocacy for PWD by meeting with representatives from the government, private sector and civil society for the employment of PWD according to the Labour Law and international conventions.

British Council Director Charlie Walker yesterday commended the work of both organisations and their support for the network, noting that ongoing awareness was necessary to improve negative perceptions of PWDs and increase work opportunities.

Read the whole article here: Network focuses on inclusion of PWD in public life, workplace

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