USDOJ Commits To Expand Disability Rights Enforcement.
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| ADAPT
blocks the front entrance to the USDOJ |
(WASHINGTON DC) ADAPT shut down Constitution Avenue today in downtown Washington DC between 8th and 11th in front of the US Department of Justice (USDOJ) and demanded a real commitment to enforcement of civil rights protections for people with disabilities. Traffic was diverted for 7 hours as 500 activists, most using wheelchairs, blocked the main thoroughfare determined not to leave without a strong commitment from the USDOJ.
At 6:55 pm Ralph Boyd, the Assistant Attorney General for Civil Rights, who had traveled from Baltimore, met with ADAPT in the closed street. Mr. Boyd made clear commitments:
- To ask for and review Americans with Disabilities Act state plans regarding the integration mandate.
- To investigate all ADA Title II complaints made previously by ADAPT.
- Stated that the ADAPT suggestion to “test” for inappropriate admissions, as is done in other areas of civil rights enforcement, makes sense.
- To take a careful look at nursing homes that report “discharge potential” yet do not discharge people.
- To regularly meet with ADAPT.
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Police Cars try to pin protestors in |
At 1:30 ADAPT marched past the USDOJ and split into three groups. The first group of about a hundred activists blocked the intersection of Constitution and 10th, another group blocked Constitution and 9th and a third group of around 40 people stormed the front door and blocked the main entrance. Cars quickly backed up for blocks around the USDOJ delaying and rerouting the traffic. The Metro Police began negotiating with ADAPT to clear the streets.
“I am very disappointed in the Justice Department,” said Terri Stellar of Austin Texas. “I know a guy in Austin my age, college educated, and it is like he is stuck in prison, but the nursing home is worse than a prison.”
Although the 1999 Olmstead decision reinforced Americans right not to be inappropriately institutionalized and citizens must get services in “the most integrated setting,” the USDOJ has not acted decisively to protect people with disabilities from being wrongly placed in a nursing home. ADAPT’s control of Constitution Avenue allowed the group to display a one-hundred and fifty yard banner filled with photos and stories of Americans who have had part of their lives stolen because they were forced from their home into an institution.
“They are not doing their job,” said Suzanne Colsey of Memphis Tennessee. “If I didn’t have the means to pay for a personal attendant, I would be in a nursing home.”
Others members of ADAPT at the action like Linda Merkle of Maryland and Harry Calder of Memphis, currently live in a nursing home. They made the trip to the Nation’s Capitol to demand an end to the bias of the Medicaid system that favors facilities over the community. Institutions are the most expensive and least desirable form of long-term care.
“I am frustrated;” said Harry Calder, “I have 3 or 4 friends [in the nursing home] that can live a good life in the community with attendant services.”
For other ADAPT members who have lived in a nursing home and have been able to get out, they are angry that the flawed Medicaid policy has stolen part of their lives. Yesterday, about a hundred activists were arrested at the White House demanding an apology from the Bush Administration for the stolen lives. ADAPT, however, is most concerned with ensuring that there are no more stolen lives. The group’s main objective is to see that the 108th Congress passes MiCASSA and that it is signed by President Bush.
The Medicaid Community Attendant Services and Supports Act (MiCASSA) is bi-partisan legislation to end the institutional bias in the Medicaid system and begin a nationwide system of services and supports so that Americans with disabilities may remain in their home or community. Senators Tom Harkin and Arlen Specter on introduced MiCASSA in the US Senate on May 1, 2003 as S. 971 and Rep. Danny Davis introduced it in the House as HR 2032.
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Ralph
Boyd of the USDOJ |
ADAPT exchanged 9th Street and access to Interstate 395, for the meeting with Ralph Boyd, but continued to block the entrance to the USDOJ, 10th Street and Constitution Avenue, to ensure the meeting. When ADAPT moved back from 9th Street, nine police cars were parked bumper to bumper and over the curb-ramps to prevent activists from returning and retaking the street.
With a news helicopter hovering overhead, Bob Kafka of ADAPT reminded Ralph Boyd that what often gets lost in Washington politics is the people. Bob introduced Bruce Darling of Rochester New York who explained that the STOLEN LIVES banner is a “living document of the institutional bias.” Hundreds of Americans are shown on the banner and how long they were inappropriately kept from community life.
ADAPT members gave Ralph Boyd a warm reception in the street. Anita Cameron of Denver asked him if he would meet regularly with ADAPT. Mr. Boyd responded that he would meet regularly and said, “If you invite me, I will come.” That answer got a round of applause from the crowd of over 400.
Ralph Boyd won the attention of many activists out in the street by praising the methods and determination of ADAPT. He said:
Let me also say something. This is real democracy in action, this is America in action and I am delighted that you have done this. It is probably hard for us and I certainly appreciate the indulgence of the Metropolitan Police Department and the Justice Protective Service. I think and I hope that they have handled this with great respect and dignity. … I am sure that they understand that this is a real expression of life in America and what life in an active democracy is about. This is how change occurs.
-tw
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