DRAC News & Current Events

Stories are in order from most recent to ancient history
Click on the link for older news for more DRAC news/history

Misc Access Updates

Individuals with disabilities have filed a class action suit against Wells Fargo for a lack of ADA required access. We have filed our own ADA lawsuit against Wells Fargo because their night deposit boxes are not accessible. This is not a trivial matter, as individuals with disabilities who are otherwise qualified could be barred from working jobs where they are required to make night deposit trips to the bank. If anyone feels they have been discriminated against by Wells Fargo due to their disability, including any access issues please contact us and we will put you in touch with the California litigators or see if you could join our lawsuit. If you would like test Wells Fargo or other business for accessibility, please contact us. We will provide training and assign you with an experienced tester.

We were recently alerted that UTA, in conjunction with Daybreak had made several accessibility faux pas (French for screw ups) on their new Red Line. DRAC representatives recently met with representatives of both Daybreak and UTA. Both entities agreed to work together to immediately correct all of the problems that we brought to our attention. We would like to extend our appreciation to both UTA and Daybreak for their willingness to meet and work with us and to take immediate action without requiring legal action.

DRAC Vs. DC--the Ongoing Saga

You would think that at some point either the politicians in DC or our band of activists with disabilities would wear out, but this doesn't seem to be the case at all, so around and around we go. So it was that we were back at it in DC September to battle for the preservation of Medicaid and to let the powers-that-be that Our Medicaid Matters!. On Sunday, September 18 we started this message with the White House. We chanted, individuals from around the country told their stories of how Medicaid is keeping them out of nursing home and of the dire consequences they would face from any Medicaid cuts to community services. These aren't idle fears. Community services are still options, while nursing home services are mandatory--entitlements. Accordingly, whenever the politicians begin to talk about cuts to Medicaid they are most likely talking about cuts to the services that allow us to live in the community among friends and family. Sadly, one of the voices calling for cuts to Medicaid is President Obama, whom we trusted would be an ally and protector. Partway through our action we had an Obama "look-alike" who came armed with his giant scissors, ready to cut. Fortunately, our chants seemed to keep his scissors at bay. We also read an open letter to the real President Obama in hopes that he was listening.

September 19: Given that President Obama is positioned to play such a critical role regarding our Medicaid, we were back at the White House the next morning where more testimonials and pleas regarding Medicaid were given. Pam Taggart asked President Obama flat out if he cared if we died. Apparently the  President listened, because our leaders got a call from the White House officials before our action was over. We were assured that the cuts wouldn't be as severe as we had feared and this was backed up with faxed figures. Equally important, they committed that the increased federal match for the Community First option would be preserved. This was critical to us, as this increase match was intended to entice otherwise recalcitrant states to end their institutional bias and place more cost effective community services on an equal entitlement playing field as nursing homes. This is an aspect of the Health Care Reform Act, but is optional for states to adopt. The White House was reported to be considering using the increased match promised for the Community First option to slightly increase the federal match across the board, but that talk ceased with the commitment we received today.  Later, other Medicaid officials told Bruce Darling they weren't aware of this new policy to preserve the extra Community First match. Bruce said that was probably because the policy just changed that morning--in response to the power of ADAPT!

From the White House it was on to the Congressional House Offices. Our mission was to stop by the offices of two Super Committee members to demand that Representative Camp, Representative Hensarling and other Republicans agree to support the "millionaire's tax;" assure that funding for Medicaid is not capped and increases proportionate to need; eliminate Medicaid's institutional bias as a part of the plan to address the deficit; and provide ADAPT with an opportunity to testify before the entire Super Committee regarding ADAPT's proposals for real Medicaid reform and eliminating the institutional bias in the plan to address the deficit.

Upon entering the House Offices we separated into two groups--one went to Representative Camp's office and one group made their way to Representative Hensarling's office. Some lined hallways and some took over the offices. Those in the offices chanted, demanding that our Medicaid be protected and that we be accorded our civil rights. Not surprisingly, neither Representative showed any more concern for our plight than they have previously and a combined total of 54 of our members were arrested. This was remarkable, given that the 100+ of our members who were arrested in the last action couldn't risk being arrested again. This left many first timers to step forward. They magnificently rose to the occasion, lending truth to our chant that we would rather go to jail than die in a nursing home. Maybe they didn't listen, but the representatives certainly couldn't avoid hearing our message.

September 20: Assured that the House heard our message loud and clear we turned our attention to the Senate Offices. We quietly entered the Senate Hart building as good tourists, but soon began our loudest chants. Almost immediately the Capitol police began giving their warnings. I can't blame them--we are truly disruptive when we cut loose. Given that it's not all that fun to arrest us the Capitol police have agreed to give us three warnings. On the second warning and on cue from our Day Leaders there was complete silence. Duct tape was distributed and soon our silence was insured by duct-taping our mouths. One of the officers, who had said we had to immediately cease protesting pointed out that the duct tape on our mouths was still a form of protest. Bruce Darling said it was the only way he could keep us under control. The officer didn't buy it, but he also didn't pursue the matter further. We are especially proud of our deaf ADAPTers, who kept right on chanting. The officers apparently weren't ready to answer the age-old philosophical question of "If a chant can't be heard, is it still a chant?", so they were allowed to continue. Finally, after about an hour we silently left the offices, again having made our presence known and our message "heard."

From there it was time for our usual lunch of cold burgers and fries, or for the healthier eaters among us for McDonald's salads. Apparently, just getting 300 or more of us together for dinner in some of old haunts can be intimidating. As soon as we congregated for our lunch on the grounds of the Health and Human Services (HHS) building the police and guards gathered for a standoff. We have had some spectacular past actions in this location, but this time we simply ate our lunch and started at the guards. It was enough. Our leaders were invited in to meet with leaders of Health and Human services. They made our displeasure known that HHS hasn't been very aggressive in pursuing our Office of Civil Rights complaints against states who have been violating the Americans with Disabilities act by unnecessarily institutionalizing people with disabilities as per the Supreme Court's Olmstead decision. Both the HHS and ADAPT leadership appeared in short order. The newly installed Office of Civil Rights director noted that this was one of his priorities, that he had spent his first two weeks on the job emphasizing this to his troops, and that they would be aggressively investigating and pursuing Olmstead complaints. Satisfied, we ended the "standoff" and retired for the day.

September 21: ADAPT hosted a historic gathering of over 1000 citizens with disabilities representing over 94 sponsoring organization, including some that have traditionally shunned ADAPT. All were bound by the common threat to Medicaid and by the need to strongly communicate the message that "Our Medicaid Matters." Several disability leaders and Congressional representatives, including our traditional champion, Senator Tom Harkin spoke to us. It was an energizing event--seeing so many there to defend Medicaid. We left energized and carried our message to the rest of our representatives and senators via more traditional visits.

It is slow, but it truly feels like we are making inroads. We need ever increasing numbers to be effective though. We can't communicate the message that "Our Medicaid Matters" unless we show up. Please considering joining us April 21-26 to defend our freedom in DC!

DRAC and Senator Lee (Really!)

After several attempts DRAC was finally able to secure a meeting with Senator Lee on August 26. While we found plenty to disagree with, we also found some points of agreement. Among these were:

	While Senator Lee stood by his earlier statements that Medicare, Social Security, Medicaid and other entitlements are “constitutionally problematic” as per his        interpretation of the constitution, he did acknowledge that they are constitutional as defined by the courts and Congress.
	We reached agreement that we may need some Federal protections against possibly short sighted and harmful state decisions regarding Medicaid, even as efforts are made to give states more “flexibility”. We stated that we look forward to further dialogue with Senator Lee regarding the basic protections we will need going forward.
	We reached agreement that there may be some merit in tying tax benefits to jobs created and not sending jobs overseas, rather than blindly giving all large corporations tax breaks regardless of their history or intention of creating or preserving jobs.
	Senator Lee said that the Community Choice Act, as we explained it, sounded reasonable and he promised to look into it further. We said that we would be contacting Senator Lee or his office in a few weeks to follow up and see how his promised conversations with Senator Harkin and others on this critical legislation went. This was probably our biggest "win" of the meeting and we look forward to following up within the next few days.
	As we explained the severe financial difficulties under which many of us live, Senator Lee indicated his understanding of the severe financial difficulties we face and even characterized no SSI increases for three years as a backdoor funding cut.  We appreciated Senator Lee's acknowledgement and understanding of the inflationary pressured we face and of the dishonesty of any claims by the government that there has been no inflation in three years. These claims, used to justify no cost of living increases, are especially grating as we look at a UTA fare increase of up to 60%!
	Finally, Senator Lee said that he would be interested in establishing a disability advisory committee similar to the one Senator Hatch has established. We look forward to working with other disability groups and individuals, as well as Senator Lee's office, in making this happen. It appears that Senator Lee will be around for awhile, and the more education he receives the better. Contact us if you would be interested in serving on this committee.

DRAC, AHAC and Leezilla

On July 18, 2011 DRAC joined the Crossroads Urban Center for their annual poverty partnership barbeque and to do battle with Leezilla, a frightening creature that arose from the slimy depths of the Great Salt Lake with a single minded determination to destroy the community of individuals who live in poverty and the services that are designed to assist them. Only with the combined efforts of Anti Hunger Action Committee, DRAC, the Coalition of Religious Communities, the Crossroads Urban Center and other affiliated organizations were we able to send Leezilla back to the slimy depths and save Utah's disadvantaged citizens. However, we need to remain ever vigilant in the event the creature rears his fearful head again, intent on trampling all underfoot. 

Back to DC!

May 1-4--Day one-Sunday, May 1. After arriving in the Capitol, greeting old friends and initial meetings we did our laps around Capitol Park to raise funds for our national and local ADAPT chapters. Our sincere thanks to our many supporters who pledged and donated to the cause.

Day Two--Monday, May 2. Stealth--nobody beats ADAPT at it. Moving in small tourist-like groups ADAPT members found their way to various hallways that converged on the Capitol rotunda. On a signal we all poured into the rotunda, surprising and overwhelming the hapless capitol police who were then powerless to stop us. We were there to protest the recent House budget vote to turn Medicare into a voucher program and Medicaid into a state block grant program. Both would be devastating to persons with disabilities, as well as many other cuts that were voted on. This was, in effect a war that had been declared on us and we were responding in kind. The chants began and warnings about arrests weren't far behind. Our demands were reasonable--we wanted meetings with the House leadership, including representative Ryan, the mastermind behind the budget vote. We felt there was a chance they would meet with us, so we agreed to stop the chanting and settled into a prolonged truce where we didn't "disturb the peace", and the capitol police left us alone.

The hours drug on. Various representatives dropped by to offer their support, but of course Representative Ryan and the rest of his associates weren't among them. Finally, the word came--we had been flatly rejected. The chanting resumed and continued through the obligatory three warnings. The arrests then began, but didn't quiet our enthusiasm. Representatives Danny Davis and John Lewis then stopped by to offer their support. Representative Lewis shared his story of being a freedom rider, as a leader in the 1060's civil rights movement, enduring arrests and beatings from the police and marching with Dr. Martin Luther King. He encouraged us to be true to the principles of non-violent action and to "never give up." Thus galvanized by his stirring words 91 of us stood fast and were arrested.

Those who could walk were handcuffed, loaded into paddy wagons and driven a half block. Those in wheelchairs were escorted. All ended up in the basement of one of the house buildings for a very long and cold night. One of the staff members for Rep Jan Schakowsky, who had stopped by earlier and spoke to us in support of our cause dropped by. She was concerned that the handcuffs had been on the walkers for too long and were hurting. A few minutes later they were cut off. Around midnight the police brought half sandwiches of bologna or cheese and water, grumbling that they weren't getting fed. In the wee hours of the morning they began processing and finally at 6 AM the last were released, having made a strong and important statement that we weren't going to take these cuts lying down.

Day Three--Tuesday, May 3 Proving that its impossible to stop ADAPT, we were lined up and ready for action at 10 AM, just three hours after the last arrestees made their way back and those who waited up for them were able to get some sleep. Apparently, the ones who were getting sleep were the capitol police, as  we were again able to catch them napping at their posts as we took over Representative Ryan's office, thus taking the fight directly to him. Those who had been arrested the day before and others who couldn't be arrested for various reasons line the hallway to his office. Once again Representative Ryan refused to show and once again the chants began. Representative Ryan had created a public relations nightmare in crafting a plan to dismantle Medicare as we know it and apparently his office didn't want another public relations problem, so they refused to give the word for those who had taken over their office to be arrested.

This created great consternation among the police who were running back and forth looking for someone to give them the authority to move in and begin the arrests. As time drug on the small, but intrepid group who were in his office were still going strong with no hint that their voices might ever give out. Finally, the police decided that our members were being enough of a nuisance to surrounding offices (they were really loud!) that they could move in and begin arrests without permission from the Ryan staff. Thus began another all night vigil that involved a stay in a real jail. These brave souls began arriving back at the hotel a little after midnight. Some of them had stayed up for the arrestees from the night before and many of those arrestees in turn stayed up for them. We were one exhausted group, but once again we had made a strong point about our feelings, one that reverberated throughout the media. We were getting the word out--these cuts would kill us.

Day Four--Wednesday, May 4  We headed to the Senate and divided our forces to engage the so-called "Gang of Six", a bipartisan group of six senators who have been charged with developing the Senate's budget response to the House's Ryan budget. Most of our groups met with the Senators' staff. In at least one case our stories and pleas brought tears to the staffer's eyes. Some ADAPT members speculated that perhaps they were finally starting to get it. We then headed to a press conference convened by several Senators, in conjunction with the National Association of County Organizations. The purpose of this press conference was to allow the counties and Senators involved to express their commitment to defending Medicaid from critical cuts such as are proposed in the Ryan plan. As many of our members as possible crowded into the Capitol Visitor's Center, where the press conference was being held, but it was crowded with the press and other dignitaries. Accordingly, many of our members filled surrounding spaces. Several of the Senators involved stepped outside of the press conference to speak encouraging words to our troops.

After showing our strong support for Congressional efforts to preserve Medicaid we wound up with our traditional party and dance, before departing with promises to return in six months.

UTA's Next Discriminatory Round--Extreme and Disproportionate Fare Increased for Paratransit Riders

On March 9 the Disabled Rights Action Committee held a press conference at the state capitol to share our concerns and frustrations with UTA's proposed fare hikes, particularly those that are disproportionately high and therefore discriminatory against those with the most severe disabilities and who are least likely to be able to afford these. The Paratransit's proposed increase of 60% is significantly higher than for any other group of riders. UTA's proposed hike is also discriminatory because fixed route riders who qualify for a Horizon (food stamp) card will be given a low income discount to offset their less drastic rate increase. However, Paratransit riders who have Horizon cards will not be granted this same low-income discount.

The effects of this will be devastating. Individuals who use Paratransit most often have no other form of transportation they can use--the UTA testing system has virtually guaranteed this. At $8 for a round trip, Paratransit riders won't be able to afford vital, life sustaining trips for medical treatments and groceries. Moreover, they will be denied the basics that provide for a minimal quality of life--trips to worship services, recreation or to visit friends and families. Paratransit riders will first be secluded in their homes and apartments and will eventually be forced into nursing homes.

Based on the above, we also arranged to meet with Greg Hughes, the chair of UTA, at his offices in the state legislature. Mr. Hughes was a no show. Moreover, he failed to call us back after we left a message indicating a desire to speak with him. We wanted Mr. Hughes and UTA to consider the following points of basic fairness:

	Fare increases for Paratransit riders shouldn't increase by a higher proportional rate than for any other group of riders.
	Paratransit riders who have Horizon cards or other means of proving that they are living below the poverty level should be provided the same proportionate poverty discount as fixed route riders who are living below the poverty level. It's not as though Paratransit riders have a choice to use a less costly system.
	Given that Paratransit riders are dependent on this system for their most basis transportation needs, UTA should consider providing the first five round trips at very low or no cost (Maybe $1 round trip), so these riders can count on being able to purchase groceries once a week and seeing their doctor at least once a month.
	UTA has not exhausted all options for meeting funding shortfalls. For starters, we propose that they terminate all contracts for legislative lobbyists.  With Mr. Hughes being both a legislator and a member of the UTA board they should have all the representation at the legislature they need. We also believe that all bonuses should be frozen at a maximum of $1,000. We have made it known that we will be happy to meet with UTA executives to explore other cost cutting measures they may not have yet thought of.
	Many county and city government entities, which support UTA through tax funds, have previously indicated that they do not support drastic Paratransit fare increases such as UTA is currently proposing.

UTA's next board meeting will be Wednesday, March 23 at 2:30 PM. At the beginning of their Board meeting they allow public comments. If you can possibly make it please show up in force to help make these points and any others you would care to about why this is unfair, discriminatory and unnecessary. Call or email us for further information. The UTA Board Meeting is UTA FrontLine Office, 669 West 200 South, Salt Lake City.

This is a battle we need to continue to fight. We have joined with a likeminded group, Fix UTA and will keep everyone posted on ways we can join together to fight the waste, corruption, ignorance and discrimination that seems to be rampant at UTA.

Disabled Rights Action Committee Joins with other grass roots civil justice groups to send a message to the legislature: Nobody is Disposable!

On Tuesday, January 25, 2011, shortly after the Utah legislature convened for the year, members of the Disabled Rights Action Committee joined with members of the Anti-Hunger Action Committee, the Coalition of Religious Communities, and other civil rights grass roots activists groups at a capitol garbage bin just outside of the capitol cafeteria with a message for all legislators: "Nobody is Disposable." It's a sad commentary that our legislators don't seem to be able to figure this out for themselves, but they clearly seem convinced that many of Utah's citizens are disposable--particularly when these citizens stand in the way of tax giveaways to major corporations. We were accompanied by Stan, a gentleman made of plywood and cardboard whose arms, legs and head were unceremoniously pulled apart and disposed of in the trash. In dismembering Stan, we also made the point that we are all one body politic and that we can't cut off a part of our body politic without the whole bleeding and hurting--whether the elite recognize this or not, we are all in this society together and we need to take care of the entire body. Finally, we tried to retrieve some of Stan's parts and put him back together again. Like Humpty Dumpty, we didn't do so well, making the point that our legislators need to be very, very careful because after dismembering our body politic   they won't be able to undo all the damage they have done even if they realize the mistake they have made.

The legislature appears to have listened, in that they used improved projections and some tobacco money to restore most of their most severe cuts. However, we still have painful cuts from previous years, such as a loss of dental care and vision services. This is a battle that will pay out each and every year so please continue to call your legislators with this extremely important message--"None of us are disposable."

DRAC Stages a Press Conference to Announce the Initiation of the Department of Justice's Investigation against the State of Utah

On January 11, 2011, The Disabled Rights Action Committee-ADAPT/Utah, in conjunction with several members of the Central Utah Center for Independent Living and the Tri County Independent Living Center, announced that the Department of Justice (DOJ), acting on our complaint (see below) had formally opened an investigation against the state of Utah. Rene Bunch, one of two parents to originally sign on to our complaint, spoke of her frustration and desperation in trying to keep her daughter out of a nursing home. After being on the waiting list for seven years her case manager has informed them that their only real hope for community services lies in placing her daughter in a nursing home. Terry Griffin spoke about her experience in hiring a private attorney to sue the state, based on Olmstead non-compliance. The state subsequently got her son into services. She is currently doing the same for a man whose parents were deported to Mexico. Cathy Garber also spoke of her experience in being on the waiting list for ten years, only to be told that her only real hope for getting services is to enter a nursing home for ninety days and then apply to come out under the New Choices Waiver. This appears to be the official stance of the state--that the only gateway to community services is through a nursing home, but we contend that this is a clear violation of the Olmstead Decision, where waiting lists that don't move are forcing individuals into nursing homes.

While this seems to be a simple solution--ninety days incarceration and a near total loss of civil rights for ninety days and you can qualify for community supports. However, not only is this human costs intolerably high, it doesn't recognize that many individuals will losing housing, be cut off from natural supports and family members and lose skills that they and others have worked years to develop. Conflicts with nursing home staff can develop that lead to horrific reports that can make it difficult to find willing community supports. Accordingly, it can be difficult to impossible to move out once the thirty days are up. However, all of this is beside the main point, which is that the Olmstead decision clarified that it is illegal to make nursing homes the only available gateway to critically needed community services. We are also asking that if the state's matching money is there for a more expensive nursing home stay now, and if the state's matching money will be there for community services 90 days from now, why can't the state make the money available now for more cost effective community supports now, up front, without requiring a nursing home stay?

DRAC is currently working on getting the word out to desperate individuals and families who may have given up and haven't even bothered to get on or remain on a waiting list. We note that about five years ago the Disability Law Center filed an Olmstead lawsuit against the state regarding the slow moving developmental disabilities waiting list. In what we believe was a flawed decision, the state prevailed on this lawsuit. In recognition of this precedent, the Department of Justice has elected to focus on the state's Traumatic Brain Injury and Physical Disabilities Waiver waiting lists, which by the state's own admission haven't moved in two years. If you are a person with a physical disability or a traumatic/acquired brain injury or a family member of someone with one of these disabilities who would like to access community support and services please contact us. We will be happy to put you in touch one one of the DOJ attorneys who are working with us on this issue. The DOJ has been very successful in suing several states over Olmstead violations and/or getting settlements from states to begin providing these services. We anticipate that they will soon ad Utah to their list of impressive wins in critical services in obtaining services.

In keeping with our effort to get the word out, we had quite a bit of press coverage. These articles are referenced below:

To see the Salt Lake Tribune's article covering our press conference online, go to : http://www.sltrib.com/sltrib/home/51036017-76/services-disabled-nursing-utah.html.csp and  http://www.sltrib.com/sltrib/home/51029419-76/state-services-care-disabilities.html.csp If these links don't work, go to: Feds Investigate System and Advocates Say Utah Illegally Limits Home Care
 

To see the Deseret News article covering our press conference online, go to: http://www.deseretnews.com/article/700101120/People-with-brain-injuries-disabilities-seek-services-outside-nursing-homes.html If this link doesn't work, go to: People with Brain Injuries Seek

To hear the radio show where Cathy Garber and Jerry Costley spoke about the Department of Justice Investigation, go to: http://kcpw.org/blog/local-news/2011-01-14/politics-up-close-justice-dept-investigates-utahs-disability-services/

Update on Our Office of Civil Rights Complaint

Upon returning from our action we took Mr. Bagnestos up on his offer to review our Department of Human Services OCR complaint. Accordingly, we emailed our materials and affidavits to him. Shortly thereafter, we received an email from Regan Rush, asking to meet with us by phone regarding our complaint. We have of course agreed, and have a meeting set up for Thursday, October 21. We are excited to see this case move forward and will continue to post updates here. Utah has to recognize it's responsibilities and obligations under the law and in compliance with the Supreme Court Olmstead decision.

DRAC/ADAPT Utah Teams Up with National ADAPT to Take On
The DC Powers that Be

Day One--Sunday September 20, 2010 After a several hour flight the day before, we met with our ADAPT brothers and sisters to renew old acquaintances, find out more about our various assignments, and in the case of our one first timer, Pat Bentley, get oriented to what it was all about. Then it was off to a Press Conference with the flags of all 50 states as a dramatic backdrop. We heard stirring testimonies of individuals who were facing drastic cuts in state community services that literally could end life as they know and love it. These cuts would end or sharply curtail attendant care services and force many individuals into nursing homes, which of course are being spared these cuts. To us, this is a clear violation of the Supreme Court's Olmstead decision (see story below). Following the heartrending stories of individuals who were facing incarceration for no crime but that of having a disability we honored those who have died in nursing homes or who are currently dying while waiting to get out by placing the names of these friends and family members in a coffin as we filed back, dressed in our best black ADAPT t-shirts.

We then briefly stopped by the DC city offices to further protest those who have died and been horribly abused in substandard institutions and group homes that contract with DC. News story after story has documented these abuses and deaths with little real action from the DC government. We wanted to let them know that we haven't and won't forget those who are locked away.

Day Two--Monday September 21, 2010 It was a beautiful fall day, perfect for sight seeing in the great town of DC! It appeared that this is what we were doing as we casually rolled up to the White House. The police knew better and attempted to check us by blocking our access to the sidewalk in front of the White House. Suddenly we deployed to the street, blocking traffic. After a few hours we decided to bump up the pressure a little. We slowly moved toward the gate that the White House shared with the treasury. Then suddenly we were on the fly. Barbara Toomer said it looked like a Southern Utah flash flood. Confused, the Secret Service tackled, arrested and drug away one young man who was running and unfortunately outpaced the chairs who should have been his cover. However, this was but a minor distraction as everyone else fell into place before the baffled police and guards could prevent our human avalanche. We were soon handcuffed to the gates, including our real target--the East Gate, an important entrance to the White House. We were there to remind President Obama of his campaign commitment to support the Community Choice Act and to end the federal government's institutional bias. We also wanted his National Commission on Fiscal Responsibility and Reform to address the fiscal unsustainability of try to fund nursing homes over community supports.

That evening, Sam Bagnestos, the Principal Deputy Assistant Attorney General who works with disability issues met with us at our hotel--something only ADAPT could pull off. Mr. Bagenstos reaffirmed the Department of Justice's commitment to enforcing the Olmstead Decision. He asked that we send him copies of any Office of Civil Rights complaints we file to let the rest of the federal government know that the DOJ is interested. After the meeting, a representative of the Utah delegation intercepted Mr. Bagnestos and got his commitment to review our complaint against Utah (see the story below). Since then, we have forwarded our complaint to Mr. Bagnestos and an attorney from his office has set up a phone conference for later in October.

Day Three--Tuesday September 22, 2010 A short walk/roll and we hit one of our favorite targets--HUD. We shut down all front entrances, providing some inconvenience. However, after several hours it appeared that this wasn't going to be enough for Secretary Donovan to give us a promised meeting date in writing. We need a meeting to find out why HUD continues to break all promises to us to find out what happened to thousands of missing housing vouchers and to address our other concerns regarding HUDS failure to provide adequate affordable, integrated housing. Last time we accepted a verbal promise that Secretary Donovan would meet with our leadership. This meeting never materialized and we weren't about to take another verbal promise.

However, HUD employees and visitors were able to come and go through a back entrance that also led to the HUD day care center--it is difficult to get in between mothers and their children. Accordingly, after several hours our leaders announced that we were giving up and with our tail tucked between our legs (figuratively speaking) we obediently prepared to move out. We split down the middle in two columns heading in opposition directions. Both columns reached the end of their block, then turned in formation and crossed the street. However, when the first marcher of each column reached the opposite side of the street they stopped! We were now blocking traffic to and from HUD. Check on our part.

Not to be outdone, the police began directing traffic up onto the sidewalk and around out blockade. Check on their part. What hurt worst was the smirk on the officers' faces. One group was a little faster on the draw and moved chairs up on to the sidewalk. After some debating the the other side also moved chairs on to the sidewalk. Check on our part. Then the burly officers started in, dragging and bouncing chairs off the sidewalk and out of the way of the cars. After much effort, the path was clear and the cars started moving again. For ten feet. While the officers were moving the chairs, we had other chairs who massed downstream, just as effectively stopping the cars from going anywhere. Check on our part. Once again the burly officers go to work, but this time as they were bouncing one chair out of the way, another two moved in behind it. Often, the minute they finished moving a chair out of the way, the rider would simply circle around and rejoin the blockade. Johnny Crescendo, ADAPTs troubadour, then took his manual chair and flipped it over on top of himself. One of our new color leaders laid down in front of the lead car and handcuffed himself to a chair. About this time the burly police looked behind them and realized that despite the backbreaking labors there were now more of us blocking the sidewalk than when they started. Even the burly cops threw up their hands and essentially told the HUD officials that they were on their own. Checkmate!

It was now well after 6 PM. We hadn't just blocked of the street, we blocked off HUD's parking garage. Several HUD employees weren't going home for the night. In short order, we had a letter from Secretary Donovan, scheduling a definite date with our leadership. We won this round and headed home, giddy with triumph and a sense of the power of ADAPT when we all hang tough.

Day Four--Wednesday September 23, 2010

We hit Nancy Pelosi again. Despite espousing principles that, if followed, should lead he to support the Community Choice Act, she has failed to do so. By coincidence, on this beautiful fall DC day, Ms. Pelosi was accepting the 2010 Alice Award, named in honor of named after Alice Paul, founder of the historic National Woman's Party and a leader in the fight for women's equality. The award honors a distinguished woman who has made an outstanding contribution in breaking barriers and setting new precedents for women. 64% of the individuals who are incarcerated in nursing homes are women and the vast majority of individuals who are caregivers of individuals who desperately need community supports, but who would prefer to die rather than live in a nursing home. Both groups of women are crying out for the help and relief the Community Choice Act can give and are not being helped in their need by Speaker Pelosi. Accordingly, we were questioning whether Speaker Pelosi truly merited this award. We made our questioning public when we protested outside the hotel where she was being presented the award. We likewise protested where she was speaking the last time we were in town and got Sam Donaldson to present her with our questions and demands. Hopefully if Speaker Pelosi hears from us enough she will begin to "get it."  Apparently not this time, but maybe with enough repetition...

In the afternoon we did our traditional Capitol Hill visits to our lawmakers in an attempt to educate and garner support with more conventional methods. Again, we are hoping that perseverance and repetition will pay off. Finally, exhausted but jubilant we celebrated with our final "big meeting" of the action and our usual celebration. The end of an exciting action in which much was accomplished. Are you interested? Would you like to support our cause? join with us? We invite everyone who would like to fight these battles to begin working with our local group and then participate in the national action. Free Our People!! 

DRAC/ADAPT Utah Holds a Press Conference to Demand that Utah Apply for Money Follows the Person Funding and to Announce the Filing of Our Office of Civil Rights Olmstead Complaint Against the State of Utah

On August 13, members of the Disabled Rights Action Committee assembled at the offices of the Utah State Department of Health. It was a Friday and under the state directive it was closed. We took this occasion to point out that while the state has gone to great lengths to save funds by closing all operations every Friday they are foregoing equal savings by not pursuing the federal Money Follows the Person program and working more aggressively to get individuals out of nursing homes. The state has touted saving just under $5 million in maintenance, energy and overtime costs from these closings for the first year of this effort. However, according to data from the National Association of Medicaid Directors, Utah could have saved $13.6 million and moved 1,000 people out of nursing homes if our state would have applied for the first Money Follows the Person grant in 2006.

In addition to these tremendous savings, we were asking the state to look at the gains that could be made in the quality of life, productivity,  and civil rights of persons with disabilities who could be living in their own homes and apartments, with spouses, friends and family, rather than incarcerated in nursing homes. In addition to the tremendous cost savings of supporting individuals to live in their own homes, we content that Utah's failure to provide adequate home and community based services violates the Supreme Court's Olmstead Decision. In Olmstead, the Supreme Court ruled that it is a violation of  the Americans with Disabilities Act and therefore our civil rights to unnecessarily institutionalize us in segregated settings. The Supreme Court also noted in this landmark 1999 decision that states which are not able to adequately serve everyone appropriately in the community may have a defense against a lawsuit if they develop an adequate plan for doing so. Several years ago Utah wrote what it called an "Olmstead Plan", but which in fact was simply a statement of what they were currently then doing. It failed to meet any reasonable definition of a plan in that it didn't set out any goals for preventing individuals from being unnecessarily institutionalized or for helping individuals to move out of nursing facilities. The plan was inadequate when it was written, but since then many of the services the state proudly proclaimed have been cut, further weakening any argument that they have an adequate plan.

The Supreme Court also stated that states could have waiting lists for services, so long as these moved at "a reasonable pace." The state's waiting list actually move backwards for some individuals. Many have been on the waiting list for over a decade and information we received from the state documented almost 150 individuals who have entered segregated nursing homes out of a need for services that couldn't wait. Two families who are desperate for services for their family members submitted affidavits with our complaint. One of these families was told by a representative of the state that the only way to get their family members services was to place her in a nursing home, then try to move her out after 90 days. Clearly the waiting list are are not moving at a reasonable pace, which is forcing individuals into nursing homes. Read the full narrative of our complaint. To sign on to our complaint, send us an email.

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