Showing posts with label Olmstead decision. Show all posts
Showing posts with label Olmstead decision. Show all posts

Tuesday, February 12, 2013

Dear Obama, About That LTC Commission....

Left to right is Sue Jamieson, Elaine Wilson, and Lois Curtis

Somebody (won't mention any names, fwit-dee-doody-dooood) just published this over at the Ellijay, Georgia, Topix.com forum. Don't believe the author will mind a little plagiarism so we're going to publish in whole right here. That Topix advocacy continues:

Dear Obama, About That LTC Commission....

There is no DOUBT in your mind you know who-who-who this is. No, I don't expect that you're here reading this in the first of a person.. What I expect.....

Is them Georgia Dems to carry this message straight to your front doorstep sooner rather than later is what I expect.

ABOUT THAT LTCC, LONG TERM CARE COMMISSION....

How 'bout that.. HOW ABOUT THAT?! Filled 12 positions, you allegedly did, and allegedly not one dadgum one of 'em......

Represents the entire of the Disability Community at large.

HOW. ABOUT. THAT.

It is further being highlighted that on the dadburn flip side, all entities with a CORPORATE MONETARY INTEREST in this venture HAVE been obliged THEIR VOICES at same said table. Well, isn't THAT con-veen-yent?!

So..... TO THAT END, here's a little sumpin-sumpin-sumpin for your considerations: MID-TERM ELECTIONS 2014. Catch my drift?*hint-hint* Need I say more?

Last three positions >>>> NCIL. ADAPT.org, disABILITY LINK (Decatur). And don't try scratching your head in refute as to why the third. You are well acquainted with ALL in the first of a person as I have SO enjoyed the photo op pic you published of *Lois* recently. Who else but Olmstead's First Lady AND her extended Atlanta family should be playing at least one of the high profile roles in this particular *LONG TERM* quest, know what I mean?

Thanking you in advance to them Georgia Dems for their assistance in communicating this matter to the powers that be. You all have a good day, now, ya hear.*wink*

*NOTHING ABOUT US WITHOUT US! MID-TERM ELECTIONS 2014!!!*

*wandering off now singing* Give me what you promised to me, give it up, c'mon, GIVE IT HERE!! :))

Monday, June 22, 2009

Happy Olmstead Day :: Let's *ROCK* The NOEWAIT Petition..!

Left to right is Sue Jamieson, Elaine Wilson, and Lois Curtis

You all were amazing this morning with how many signed on to the NOEWAIT Eliminate Waitlists for Individuals with Developmental Disabilities petition just a little bit ago.. Simply amazing..!

Please don't forget to keep forwarding it along wherever you can think to throughout the rest of the day as this is exactly the kind of subject matter that Lois Curtis, Elaine Wilson, and Sue Jamieson fought so hard for with respect to the Olmstead decision some ten years ago this week..

In Unity with Huge Cyber Hugs from Talking Rock..

FREE OUR PEOPLE..!!

Cindy Sue :)

Saturday, March 29, 2008

Alrighty Then :: Olmstead Executive Order..

The White House website.. Last place I expected to end up this morning.. In doing so, came across President Bush's Olmstead Executive Order.. Since our tax dollars pay for the website, am taking great Liberties in providing the full press release below.. :grin:

With this juicy little tidbit refreshed in our Minds, how's it going in your neck of the woods these days..?

Housing..?

Transportation..?

Affordable consumables..?

Employment..?

Feel safe, secure, and protected 24/7/365 in your neighborhood..?

High on the hog living the Great American Dream, right..?

Sigh..............

Cyber hugs from the Hills of North Georgia..


Executive Order
Community-based Alternatives for Individuals with Disabilities

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to place qualified individuals with disabilities in community settings whenever appropriate, it is hereby ordered as follows:

  • Section 1. Policy. This order is issued consistent with the following findings and principles:

    • The United States is committed to community-based alternatives for individuals with disabilities and recognizes that such services advance the best interests of Americans.

    • The United States seeks to ensure that America's community-based programs effectively foster independence and participation in the community for Americans with disabilities.

    • Unjustified isolation or segregation of qualified individuals with disabilities through institutionalization is a form of disability-based discrimination prohibited by Title II of the Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et. seq. States must avoid disability-based discrimination unless doing so would fundamentally alter the nature of the service, program, or activity provided by the State.

    • In Olmstead v. L.C., 527 U.S. 581 (1999) (the "Olmstead decision"), the Supreme Court construed Title II of the ADA to require States to place qualified individuals with mental disabilities in community settings, rather than in institutions, whenever treatment professionals determine that such placement is appropriate, the affected persons do not oppose such placement, and the State can reasonably accommodate the placement, taking into account the resources available to the State and the needs of others with disabilities.

    • The Federal Government must assist States and localities to implement swiftly the Olmstead decision, so as to help ensure that all Americans have the opportunity to live close to their families and friends, to live more independently, to engage in productive employment, and to participate in community life.

  • Sec. 2. Swift Implementation of the Olmstead Decision: Agency Responsibilities.

    • The Attorney General, the Secretaries of Health and Human Services, Education, Labor, and Housing and Urban Development, and the Commissioner of the Social Security Administration shall work cooperatively to ensure that the Olmstead decision is implemented in a timely manner. Specifically, the designated agencies should work with States to help them assess their compliance with the Olmstead decision and the ADA in providing services to qualified individuals with disabilities in community-based settings, as long as such services are appropriate to the needs of those individuals. These agencies should provide technical guidance and work cooperatively with States to achieve the goals of Title II of the ADA, particularly where States have chosen to develop comprehensive, effectively working plans to provide services to qualified individuals with disabilities in the most integrated settings. These agencies should also ensure that existing Federal resources are used in the most effective manner to support the goals of the ADA. The Secretary of Health and Human Services shall take the lead in coordinating these efforts.

    • The Attorney General, the Secretaries of Health and Human Services, Education, Labor, and Housing and Urban Development, and the Commissioner of the Social Security Administration shall evaluate the policies, programs, statutes, and regulations of their respective agencies to determine whether any should be revised or modified to improve the availability of community-based services for qualified individuals with disabilities. The review shall focus on identifying affected populations, improving the flow of information about supports in the community, and removing barriers that impede opportunities for community placement. The review should ensure the involvement of consumers, advocacy organizations, providers, and relevant agency representatives. Each agency head should report to the President, through the Secretary of Health and Human Services, with the results of their evaluation within 120 days.

    • The Attorney General and the Secretary of Health and Human Services shall fully enforce Title II of the ADA, including investigating and resolving complaints filed on behalf of individuals who allege that they have been the victims of unjustified institutionalization. Whenever possible, the Department of Justice and the Department of Health and Human Services should work cooperatively with States to resolve these complaints, and should use alternative dispute resolution to bring these complaints to a quick and constructive resolution.

    • The agency actions directed by this order shall be done consistent with this Administration's budget.

  • Sec. 3. Judicial Review. Nothing in this order shall affect any otherwise available judicial review of agency action. This order is intended only to improve the internal management of the Federal Government and does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.

GEORGE W. BUSH

THE WHITE HOUSE,
June 18, 2001.

Related: Fact Sheet :: President Bush Highlights Commitment to Americans with Disabilities..

Friday, June 22, 2007

Happy Olmstead decision Day :: Who makes your Choices..?

Running late as always so this is a.. quickie..

On this, the 8th anniversary of Olmstead decision, a few very simple questions to ponder as a tiny exercise in putting the inclusive living movement into perspective:

  • Who decides what clothes you are going to wear each day..?
  • Who decides how you will spend your money..?
  • Who decides what time you will get up in the morning..?
  • Who decides when you eat throughout the day..?
  • Who decides what you will eat throughout the day..?
  • Who decides when you will use the restroom..?
  • Who decides when you will shower and how often..?
  • Who decides when you will go to bed..?
  • Who decides when you are going to brush your teeth each day..?

Like I said, just a few.. Seems silly, but these were the very real kinds of questions we were asked during our peer support training and pilot project participation last year.. There's a reason we were asked them.. It was because every day across our great country, the Land of the Free, there are thousands upon thousands incarcerated in long term care centers who are not allowed, not allowed to make these very basic Life-related decisions, Choices for themselves.. The Time is Yesterday to help bump up our efforts on all fronts to get these people out of "Jail"..

Cyber hugs..

PS.. Atlanta, here we come..

Friday, May 25, 2007

So, what's everybody doing to celebrate Olmstead decision this year..?

Drawing: Long Road Home

Getting the following from a few different directions right now, Georgia Advocacy Office and disABILITY LINK, both in Decatur, Georgia.. :waving to Cheri and Linda:

Not too late to organize something to celebrate in your own community.. Marches from a point of interest to or through an institution are very popular with my friends.. If you get down to the last second, you could still get together and go out to dinner, anything, and still bring awareness to those around you..

Advocacy Tip: For next year, stop right now and put yourself an entry in your favorite calendar program, such as Yahoo!'s Calendar.. Set it to start reminding you a few months ahead of time so you can start encouraging those around you to get involved, too..

Remember, June 22, 2009, the Ten Year Anniversary of Olmstead decision, is just around the corner, too.. Hint, hint..

PS.. If you would like to volunteer, get involved with the event in Georgia, give a shout to Cheri Mitchell: 678-755-6015..

Long Road Home 2007 :: It’s a Celebration!!

Friday, June 22, 2007 :: 12:00 noon

Join activists from around the state for a Rally at the Georgia State Capitol

We will be celebrating the Olmstead Decision of 1999 and the victories won this year.

  • Approval of Georgia’s Money Follows the Person application
  • The passage of The Advanced Directive Bill
  • The passage of the Medicaid Buy-in

After the rally, everyone is invited to March with us to the Atlanta Public Library. Endeavor Freedom will be filming people’s stories.

We all have a story to tell, share yours.

The stories will be preserved for the Georgia Disability Rights Exhibit.

What Begins As Simplicity Speaks To a Change For the World to See. Be the Change!

Sunday, February 4, 2007

EndeavorFreedom.TV: A Chance to Share Your Story

Had been meaning to post about Endeavor Freedom for a while now.. This makes for the perfect opportunity to pass along a tad of their message.. If any of it proves of interest, drop a note and/or your resume to:

ZenGarcia@alltel.net.

On June 22 of last year during brutal heat and sweltering sun, Georgia Advocates celebrated the sixth anniversary of the landmark Supreme Court Decision Olmstead v. LC & EW; in which all people with disabilities won The right to lives integrated in community with long term care services Delivered at home instead of an institutional setting.

In 1995, 47 year old, Elaine Wilson, characterized with a mild mental Disability and personality disorder, joined in a lawsuit filed by fellow Patient 31 year old, Lois Curtis. Curtis, who having been diagnosed With a mild mental disability and schizophrenia, had been Institutionalized for three years at Georgia Regional Hospital, a mental Health facility, before Atlanta Legal Aid lawyer Sue Jamieson, filed a Brief in federal court in Atlanta on their behalf. The case took on Immediate precedence as State’s lined up to oppose the right of people With disabilities to receive government long term care assistance to Remain in the community and receive services in our own homes. The Government and then Director of the Department of Human Resources in Atlanta, Tommy Olmstead claimed that the nursing home and institutional Facilities that the States have provided for end of life care and long Term disability placement were ‘sufficient’ environments to sustain People whom had acquired permanent life impairing disabilities even Though most were in no threat of imminent death because of their Disabilities.

On June 22, 1999, the spotlight shone on the Supreme Court as disability Advocates waited what was to become milestone decision – "To people with Disabilities, this case is as significant as /Brown v. Board of Education/ was to people of color," said Mark Johnson, advocacy Coordinator for the Shepherd Center in Atlanta. "When the ADA was Passed, it was a mandate for integration. Now we've got our state Challenging our right to integration." Cheers echoed through the nation As the U.S. Supreme Court sided with advocates, saying that to force Persons with disabilities into nursing homes -- or any institution -- Without creating alternatives, "constitutes a form of discrimination Based on disability prohibited by Title II of the Americans with Disabilities Act."

In 2004, Kate Gainer, organized the first ever Long Road Home, a 5^th Anniversary Celebration of the Olmstead decision to assess the ‘Integration mandate’ in Georgia as President Clinton had ordered all State Medicaid programs to draw up plans to comply with the Supreme Court decision. 5 years after the initial ruling Georgia remained in 45^th place out of the 50 in providing community-based services to its Long term care recipients. Georgia ADAPT has honored this landmark Decision every year since by organizing and marching for the annual "Long Road Home" campaign which demands our State comply with the Olmstead decision.

Last year we ended our campaign with a press conference at Kenny’s alley At the Underground in downtown Atlanta. The only problem was - none of The mainstream news channels or media sources showed up to be in Attendance to relay the importance of our story and why we were Celebrating this event. Lois Clark was even in attendance to address The crowd in support. That was when Valerie Suber, the media director For the Governor’s Council on Developmental Disabilities asked loudly, “Where is the media and why do they continuously ignore our issues?” In That moment I conceived a thought, why continuously struggle to get Coverage from the mainstream news outlets when they mostly never show up To profile our issues, would it not be easier to create an independent Media site for people with disabilities, empowered by people with Disabilities with news stories and media specifically targeted for our Community.

It seemed to me that it would be an easier task to create an independent Media site than to convince corporate news outlets that our issues are Important. We as a group, as a community of people living on the Fringes of society, in the shadows of mainstream culture are largely Ignored, told that our lives are not worthy of equality, that there is No quality in living with a disability, and that we would be better off Dead. We know they are dead wrong and have been banging our heads Against the wall just to get some one to notice that we have things to Say; we feel, we hurt, we bleed!! We are human and we want our equal Rights no matter what your professional opinion thinks about our lives.

As advocates we spend so much time attempting to convince the mainstream Media that our issues affect everybody and are relevant to be reported On and yet even when they do cover our stories it is usually done in a Way that slants public opinion against us. So instead of spending all That time and effort into persuading corporate media to cover our Issues, I wrote a grant to the Governor’s Council on Developmental Disabilities to start an independent media organization for people with Disabilities run by people with disabilities to be called EndeavorFreedom.tv.

Having had the grant approved, we are now on the cutting edge of moving into and creating something which can really benefit people with disabilities as a community whole and give us a mode for expression that is not controlled by minds and opinions that do not understand and even belittle our lives. It’s bad enough that we have to struggle to hold onto our individuality and our dignity when hard pressed by a historical legacy of warehousing people with disabilities and segregating us from mainstream society just because we function differently than most.

People with disabilities make-up 20% of the population and yet disability news, stories, and events make up less than 3% of what the corporate media reports on. If you happen to be in a minority with a disability you are represented even less, and if you are poor and a minority with a disability, then truly nothing in mainstream culture reflect your/our everyday experience of life. EndeavorFreedom.tv wants to change all that. We want to capture and relay the everyday stories of everyday struggle by everyday people with disabilities just trying to manage the American dream here in the land of the free and the home of the brave. We want you to be the hero, the star, the story and we want you to share with us the stories that you consider news, issues which are important to you, that are rarely if ever seen on corporate news.

All of us are touched at some point and in some way by disability. Share with us how it is that disability affects you or some one you know. In order for us to make this project a success we are seeking the active participation of the entire disability community abroad. This will be your chance to write, shoot, direct, and edit your story and share it with us so that we can in turn share it with the world. Like the newly launched Current.tv or YouTube.com, we are empowering all people with disabilities to be the producer, editor, film director. Create, capture, and shoot the story that is important to you; share it with us and we’ll share it with the world.

EndeavorFreedom.tv also represents an opportunity for people with disabilities to become involved in media vocations which we as a community have been largely locked out of up until this point. We do have paid staff positions available to website developers, radio hosts, film editors, journalist, and camera personnel. We are also seeking creators of disability unique content and will pay accordingly. We envision expanding EndeavorFreedom.tv into the central hub for the disability community. If you are interested in being part of our project please contact me at the email above. We’ll start where we can and expand into all directions as time and space allows. We need the whole gamut of personnel with technical expertise on media, engineering, editing, filming, reporting, and hosting to make this project work. We are especially interested in bilingual personnel so that we can extend our reach to all communities of minorities with disabilities. We especially are seeking website developers with experience adapting websites to accommodate all accessibility issues as we want to insure the site for people with every kind of disability.

So, if you are or know of anybody that might be a good candidate for any of these positions, please invite them to submit their resume to ZenGarcia@alltel.net. We will be in contact soon and may invite you or them to join our staff. Even with our grant, initially we will focus on keeping paid staff to those areas of dire need, utilizing volunteer staff where we can to get things started. We will employ more paid staff positions as the site grows. As soon as the site is generating enough viewer interaction to solicit paid advertisers to site, we will further increase paid staff positions. Please consider joining us in this endeavor, we need your participation to make this a success.

Friday, January 12, 2007

ILRU/NCIL Online Course: Introduction to Olmstead and Community..

The IL NET is a partnership of ILRU and NCIL. On-line courses are offered with the on-line facilitation support of Utah State University.

COURSE DATES: February 5-March 2, 2007

REGISTRATION DEADLINE: January 22, 2007

ORIENTATION TELECONFERENCE FOR STUDENTS: February 1, 2007

TARGET AUDIENCE: Center and SILC staff, managers, and executives, as well as board members. This is a beginner to intermediate level course.

PURPOSE: Participants will learn about the background and significance of the U.S. Supreme Court Olmstead decision. They will examine a framework for analyzing disability policy that may be used to determine if state and federal laws and programs really support the rights of persons with disabilities. They will also better understand how the ADA formed the basis for the Olmstead Decision and the importance of that decision for people with disabilities. Participants will better understand how and why individuals with disabilities can plan and direct their own services. Additionally, the participants will focus on using the concept of "consumer direction" to support the choices of those who want to leave institutional settings (such as nursing homes) and live in the community with the supports that they need.

INSTRUCTOR: Helen Roth

A full course calendar is on the ILRU Web site at: Calendar.

PAYMENT INFORMATION: The course fee is $65 per participant. Payment may be made by credit card through the Web site at the time of registration. Credit card orders are also accepted by phone at 713.520.0232 ext. 130. Do not send credit card information by e-mail, since such transactions are not secure. Checks or money orders are also accepted and should be mailed with a completed application form. Return your completed registration form and payment to:

ILRU/ONLINE LEARNING 2006
2323 S Shepherd, Suite 1000
Houston, TX 77019

Related links:

ONLINE COURSES FROM ILRU: This online course is presented by the IL NET, the national training and technical assistance project for centers for independent living and statewide independent living councils. The IL NET is operated by the Independent Living Research Utilization (ILRU) Program at Memorial Hermann | TIRR in partnership with the National Council on Independent Living (NCIL). Online course implementation is facilitated by the Interdisciplinary Training Division of the Center for Persons with Disabilities, Utah State University.

OTHER QUESTIONS: Contact Dawn Heinsohn at ILRU, 713.520.0232 ext. 130

Crossposted: Georgia Disability Advocates' Calendar.