JFActivist

Justice Department Settles Discrimination Case with Connecticut Landlord

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JUSTICE DEPARTMENT SETTLES DISABILITY DISCRIMINATION CASE

WITH CONNECTICUT LANDLORD FOR $115,000

WASHINGTON - The Justice Department today announced a $115,000 consent decree settlement to resolve a lawsuit alleging that a Windsor Locks, Conn., landlord violated the Fair Housing Act by refusing to grant a tenant’s requests for a reasonable accommodation.

The lawsuit, filed on Aug. 1, 2007, in the U.S. District Court for the District of Connecticut, alleges that Mahmoud M. Hussein refused to grant a reasonable accommodation from his no-pets policy so that his tenant’s minor daughter could work with an assistance dog to help with her cerebral palsy, seizure disorder, and depression.  The lawsuit further alleges that Hussein retaliated against the mother and daughter after they attempted to exercise their rights under the Fair Housing Act by refusing to renew their annual lease and beginning eviction proceedings.  The tenant and her daughter filed a separate lawsuit that also will be resolved by the consent decree.

Under the consent decree, which is pending approval by the court, the defendant will pay $115,000 in monetary relief, including $102,000 to compensate the tenant and her daughter and $13,000 in attorneys fees.  Additionally, the defendant will attend fair housing training;  implement a reasonable accommodation policy; and comply with notice, monitoring and reporting requirements.

“In this case, a child with severe disabilities was denied an assistance animal,” said Grace Chung Becker, Acting Assistant Attorney General for the Civil Rights Division. “We are pleased that this settlement will compensate the child’s family and protect their housing rights.”

The lawsuit arose as a result of a complaint filed by the tenant on behalf of herself and her daughter with the U.S. Department of Housing and Urban Development (HUD). After an investigation of the complaint, HUD issued a charge of discrimination, and the complainant elected to have the case heard in federal court.   

The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status.  Since Jan. 1, 2001, the Justice Department’s Civil Rights Division has filed 247 cases to enforce the Fair Housing Act, 117 of which have alleged discrimination based on disability.  More information about the Civil Rights Division and the laws it enforces is available at http://www.usdoj.gov/crt.  Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line (1-800-896-7743), email the Justice Department at fairhousing@usdoj.gov, or contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.   

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Inmates with Disabilities Face Shocking Conditions in L.A. Jails

From the Los Angeles Times (May 29):

Disabled inmates subjected to shocking conditions in Los Angeles County jails, advocates say

By Richard Winton

For several hours, as he waited to get booked for petty theft at the Los Angeles County Jail in October, Peter Johnson told deputies he needed to go to the restroom.

Although other inmates were free to use the facilities, Johnson -- a paraplegic -- was told there were none in the area equipped to accommodate the physically disabled. Guards, he said, seemed indifferent to his plight, telling him he simply had to wait.

"We are treated like the worst of the worst because of our disabilities," said Johnson, who ultimately lost control of his bowels and was forced to sit in his own feces for more than six hours...

...Read more.

Advocates Outraged by Bejing Olympics Guide that Refers to Disabled as Stubborn, Unsocial, and Defensive

Excerpts from the Times Online (from the UK) (May 27):

Disabled groups outraged by Beijing snub

By Ashling O’Connor, Olympics Correspondent

Disabled groups reacted with outrage yesterday to an official guide for assistants at the Beijing Olympic Games that describes them as unsocial, stubborn and defensive...

...The section of the manual entitled “Skills for helping the disabled” goes on to say: “Some physically disabled are isolated, unsocial, and introspective. They can be stubborn and controlling . . . defensive and have a strong sense of inferiority.

“Sometimes they are overly protective of themselves, especially when they are called crippled or paralysed. Do not use ‘cripple’ or ‘lame’ even if you are just joking.”

The guide, distributed to 100,000 volunteers before the Olympics in August and the Paralympics in September, sparked outrage in among disabled groups...

...Read more.

Monetary Sanctions for Nursing Home "Deficiencies" Too Low to Create Change

Valueless Lives of Elderly and Disabled in Nursing Homes
Information Bulletin #   (5/08)

Federal monetary sanctions and fines against nursing facilities that fail to comply with federal minimal standards of care are abysmally low, reflecting how little value or worth elderly and disabled persons are to the Department of Health and Social Services' Centers for Medicare & Medicaid Services, the federal agency that is supposed to punish nursing facilities for the injuries they cause residents.

In a recent report, the Center for Medicare Advocacy reviewed 85 of the 2007 HHS enforcement decisions, and the monetary fines imposed against nursing facilities that had failed to comply with the federal standards that are supposed to ensure proper care and protection to people in nursing homes. Even though CMS could terminate the nursing facility's Medicaid payments, deny payment for new admissions or a combination of penalties, nearly all the deficiencies resulted in only small monetary
fines.

These administrative decisions/cases involved extremely serious failures/deficiencies: deaths, over medications, amputation of limbs, development of avoidable pressure sores, elopements, failures to give prescribed medications, and many other injuries.  When HHS finds such violations, it gives the nursing facilities an "opportunity to correct" the deficiency.  It's important to understand that money penalties are imposed NOT for the deficiency - the death, the amputation, etc.- but for a nursing facility's failure to correct the deficiency.

Fines, penalties and sanctions are imposed only if the nursing facility does not achieve substantial compliance with the standards within a given time period.  That must be a great relief to the dead person, the person in pain with the avoidable pressure sure or the person who was over
medicated.  Also, the dollar amount for serious deficiencies is only $3,050 -$10,000 per day.  That surely must really frighten nursing facilities that receive Medicaid reimbursements, depending on your state, between $40,000 - $65,000 per year per person. If a nursing facility had 100 Medicaid recipients @ $50,000 per year, the following fines/penalties would not have much of an impact on the profits.

Here are a few of the deficiencies and the "penalties":

• Failure to provider CPR to resident who then died - $53,200 penalty [resident in cardiac distress, who was not transferred to the hospital or given emergency treatment, including CPR.]
• Strangulation death on bed rail - $4,050 penalty [88 year old resident who had fallen numerous times from her bed, found with her neck wedged between the side rail and the mattress.]
• Leg amputation following failure to follow doctors' treatment orders - $7,500 penalty [resident admitted for short-term rehabilitation following surgery for a fractured ankle.  Nursing facility did not bring resident for follow-up visit and subsequently failed to monitor for infection and treatment, including antibiotics.  Resident's leg had to be amputated.]
• Elopement death - $64,050 penalty [resident with history of elopement found dead a week later.  Nursing facility failed to implement care plan that required monitoring every two hours.  Nurse falsified report, counting resident present, even though she did not see resident.]
• No pain medication for three months - $7,500 penalty [ Resident, who cried out when she was given care and stopped crying when care was completed, was not given pain medications.  Resident not given pain medication for three months, despite doctor's order that pain medication be administered
  "as needed." ]
• Sexual assault of resident by aide and staff failure to report sexual assault - $12,600 penalty [resident sexually abused, reported it, but next day the same aide was assigned to take care of resident.]
• Choking death of one resident and other residents' dehydration during heat wave - $80,000 [resident whose care plan required he be fed, fed himself, choked and died.  Same nursing facility failed to provide residents with necessary care and services during heat wave, resulting in residents' suffering from dehydration.]
• Failure to monitor blood sugar levels, leading to re-hospitalization with hypoglycemia four days after admission to nursing facility - $38,700 penalty.
• Ten consecutive overdoses of morphine and other medication errors -$178,150 penalty.

The full report and many other case descriptions can be found at www.medicareadvocacy.org/SNF_08_05.13.DABNursingHomeDecisions.pdf

Elderly and Disability Advocates:

These incidents are not even the tip of the iceberg.  Advocates who visit nursing facilities regularly hear and see regularly many, many other "deficiencies."  Maybe it's time we publicly point out these violations in the press.

The Nursing Home Reform movement apparently believes that more money to nursing facilities will improve these institutions, despite the past 20 years of increased Medicaid reimbursements.  Does not the continuation of these abuses demonstrate that institutions cannot and will not provide the care that elderly and disabled people deserve?

It's obviously beyond the CMS political will to shut down these nursing facilities that are literally killing some elderly and disabled persons. 

CMS (and Congress) has known about these abuses for years, but continues to impose these paltry money penalties that do not amount to "chump" change.  What about enlisting private lawyers to bring real damage actions against these nursing facilities?  Although there have been some such litigation, the number of cases has been relatively minimal.  Nursing homes are quite worried that such litigation will increase, and that's why the nursing home industry in a number of states have tried to prevent such
litigation.

~Steve Gold, The Disability Odyssey continues

Disability Advocates Plan Memorial for Victim of Torture, Killing

For Immediate Release:

For Information Contact:
May 28, 2007 Sharon Lamp (847) 803-3258;
(847) 894-4907 cell
Amber Smock Ambity@aol.com

End Violence Against People with Disabilities Now!
Disability Rights Activists to Gather in Alton, Illinois

(Chicago) On Saturday, May 31, disability rights advocates from Illinois and the St. Louis, Missouri, area will gather in Alton for a community memorial in the name of Dorothy Dixon, a 29-year-old woman
with a developmental disability who was found dead due to domestic violence at the end of January. The memorial, organized by Feminist Response in Disability Activism (FRIDA), will be hosted at 11 am CST
at IMPACT Center for Independent Living at 2735 E. Broadway in Alton. The service will end with a procession to the house where Ms. Dixon died.

The story of Ms. Dixon's slow death over two months, allegedly at the hands of her housemates, shocked the disability community. Alton police found over 20 objects allegedly used to torture her, and at her death she was found cold and half naked, wearing only a sweater. She was six months pregnant at the time. Police believe the motive for her death may have been domestic conflict concerning her monthly
SSI disability check. At least one of her six alleged abusers also has a developmental disability; four are age 18 or younger. Ms. Dixon's surviving child weighed 15 pounds at the time, aged one.

People with disabilities, especially those with developmental disabilities, are historically more likely to become victims of physical violence, as well as emotional and financial abuse. Women and people who are LGBTQ are also more likely to become victims of violence. FRIDA and our allies are determined not to let this incident pass without bringing attention to the broader issues of violence damaging our community.

While Centers for Independent Living and grassroots groups like our ally, ADAPT, advocate for home and community-based supports so people with disabilities can live in the community, we need those supports to be safe supports. Our community needs better tools to protect ourselves from violence. "No one knows what it's like to go through that unless it's being done to you," says Veronica Martinez of
FRIDA. "If someone was planning to do that to me, I would like to be prepared."

Feminist Response in Disability Activism
115 W. Chicago Avenue
Chicago, IL 60610
Contact: Monica Heffner, (312) 404-6021
www.ourfrida.org

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READ MORE:

Trackback to previous articles about the Dorothy Dixon torture and killing (article 1), (article 2)

Woman in iron lung dies during power outage

From the Los Angeles Times (May 29):

Woman in iron lung dies during power outage
By Jenny Jarvie

ATLANTA -- For the first time in more than half a century, the Odell residence is quiet.

There are no squeaks and pops from the electric motor that powered an "iron lung" pumping air in and out of Dianne Odell's body.

A thunderstorm knocked out the power to her home Wednesday, shutting off the massive metal machine that had helped her breathe for nearly 60 years.

It was about 3 a.m. when the electricity went out at Odell's home in Jackson, a small Tennessee town about 90 miles northeast of Memphis. An emergency generator did not start, and Odell died as her father and brother-in-law took turns pumping the iron lung manually...

...Read more.

Gov. David Paterson: I was ashamed to be blind

From the Daily News (May 29):

Gov. David Paterson: I was ashamed to be blind
BY KENNETH LOVETT

Gov. Paterson said he tried to hide his blindness when he was younger (below) and admitted that not until recently has he grown more comfortable with his disability.

ALBANY - Gov. Paterson, New York's first legally blind governor, admitted Wednesday he didn't become fully comfortable with his disability until the last few years.

In his first expansive comments on his visual impairment since becoming governor on March 17, Paterson detailed the ways he sought to hide his blindness over the years.

While growing up in a tough Hempstead neighborhood, he said he rejected a cane or seeing eye dog for fear of being beaten up...

...Read more.

Kindergartner with Asperger's Voted Out by Classmates

From CBS News (May 27):

Kindergartner Voted Out By Students

A  Port St. Lucie, Fla., mother is outraged and considering legal action after her son's kindergarten teacher led his classmates to vote him out of class.

Melissa Barton says Morningside Elementary teacher Wendy Portillo had her son's classmates say what they didn't like about 5-year-old Alex. She says the teacher then had the students vote, and voted Alex, who is being evaluated for Asperger's syndrome -- an autism spectrum disorder -- out of the class by a 14-2 margin...

...Read more.

Please, Is This $1 or $100?

From The New York Times (May 28):

EDITORIAL

Please, Is This $1 or $100?

In most countries, it is fairly easy for people to tell how many euros or pounds or yen they are holding in their hands. Different denominations can come in different sizes and colors. Some have filaments or other characteristics that make it easy to recognize their value by touch. The all-American “greenback” is an exception, but it should not be.

In response to a lawsuit filed by the American Council of the Blind, a federal appeals court in Washington has ruled, properly, that American currency discriminates against the blind because the bills are too hard to tell apart....

...Read the rest to see where the New York Times comes down on this court decision (free registration may be required).

"The Autism Rights Movement"

Excerpts from New York Magazine (May 25):

The Autism Rights Movement
A new wave of activists wants to celebrate atypical brain function as a positive identity, not a disability. Opponents call them dangerously deluded.

By Andrew Solomon

On December 1, the NYU Child Study Center came out with advertisements in the form of ransom notes. One said, “We have your son. We will make sure he will not be able to care for himself or interact socially as long as he lives. This is only the beginning.” It was signed “Autism.” Another said, “We have your son. We are destroying his ability for social interaction and driving him into a life of complete isolation. It’s up to you now,” and was signed “Asperger Syndrome.” Harold Koplewicz, director of the center, hoped the ads would propel undiagnosed children toward competent professionals. But they repelled and upset a subset of the very population they were meant to assist: people with autism-spectrum disorders.

Autism activists spearheaded a huge protest. The chief organizer was 20-year-old Ari Ne’eman, who has an Asperger’s (autism without speech delay) diagnosis...

.... Less than three weeks after they appeared, the ads were pulled. It was a signal triumph for the neurodiversity movement, the self-chosen name for the autism-rights brigade...

...Read more.