JFActivist

Laura Hershey, Poet, Writer, and Activist Dies

From the JFA Moderator:

Laura Hershey, Poet, Writer, and Activist Dies

It is with great sadness that I report the death of Laura Hershey.   Laura died on November 26th after a short illness. A poet, writer, and activist, Laura Hershey's life has enriched our world and her absence is deeply felt.  Her partner, Robin, and daughter Shannon will remain in my heart during this difficult time. 

From Jessica Lehman fellow disability rights activist:

 Laura was at the cutting edge of disability rights, recognizing and exploring intersections of disability and sexuality, gender, race, class, gender identity, and more. Through her powerful, loving, and thought-provoking words, she changed the way many of us think and helped us explore and develop new ideas. Laura contributed so very much to the disability rights movement, in part through her own works, and in part through supporting dozens (hundreds?) of others to be more effective activists.

With love and peace to Robin, Shannon, and all who were touched by Laura's life.

Here are a couple of Laura's incredible poems. For those who didn't have the chance to know Laura, I hope they at least have a chance to appreciate her powerful work.

You can also read more at www.laurahershey.com

You Get Proud by Practicing
by Laura Hershey

If you are not proud
For who you are, for what you say, for how you look;
If every time you stop
To think of yourself, you do not see yourself glowing
With golden light; do not, therefore, give up on yourself.
You can get proud.

You do not need
A better body, a purer spirit, or a Ph.D.
To be proud.
You do not need
A lot of money, a handsome boyfriend, or a nice car.
You do not need
To be able to walk, or see, or hear,
Or use big, complicated words,
Or do any of those things that you just can’t do
To be proud. A caseworker
Cannot make you proud,
Or a doctor.
You only need more practice.
You get proud by practicing.

There are many many ways to get proud.
You can try riding a horse, or skiing on one leg,
Or playing guitar,
And do well or not so well,
And be glad you tried
Either way.
You can show
Something you’ve made
To someone you respect
And be happy with it no matter
What they say.
You can say
What you think, though you know
Other people do not think the same way, and you can
keep saying it, even if they tell you
You are crazy.

You can add your voice
All night to the voices
Of a hundred and fifty others
In a circle
Around a jailhouse
Where your brothers and sisters are being held
For blocking buses with no lifts,
Or you can be one of the ones
Inside the jailhouse,
Knowing of the circle outside.
You can speak your love
To a friend
Without fear.
You can find someone who will listen to you
Without judging you or doubting you or being
Afraid of you
And let you hear yourself perhaps
For the very first time.
These are all ways
Of getting proud.
None of them
Are easy, but all of them
Are possible. You can do all of these things,
Or just one of them again and again.
You get proud
By practicing.

Power makes you proud, and power
Comes in many fine forms
Supple and rich as butterfly wings.
It is music
when you practice opening your mouth
And liking what you hear
Because it is the sound of your own
True voice.

It is sunlight
When you practice seeing
Strength and beauty in everyone,
Including yourself.
It is dance
when you practice knowing
That what you do
And the way you do it
Is the right way for you
And cannot be called wrong.
All these hold
More power than weapons or money
Or lies.
All these practices bring power, and power
Makes you proud.
You get proud
By practicing.

Remember, you weren’t the one
Who made you ashamed,
But you are the one
Who can make you proud.
Just practice,
Practice until you get proud, and once you are proud,
Keep practicing so you won’t forget.
You get proud
By practicing.

 

Translating the Crip

Copyright 2010 by Laura Hershey

November 12, 2010

Can I translate myself to you?

Do I need to?

Do I want to?

When I say crip I mean flesh-proof power, flash mob sticks and wheels in busy intersections, model mock.

When I say disability I mean all the brilliant ways we get through the planned fractures of the world.

When I say living in America today I mean thriving and unwelcome, the irony of the only possible time and place.

When I say cure I mean erase. I mean eradicate the miracle of error.

When I say safe I mean no pill, no certified agency, no danger to myself court order, no supervisory setting, no nurse, can protect or defend or save me, if you deny me power.

When I say public transportation I mean we all pay, we all ride, we all wait. As long as necessary.

When I say basic rights I mean difficult curries, a fancy-knotted scarf, a vegetable garden. I mean picking up a friend at the airport. I mean two blocks or a continent with switches or sensors or lightweight titanium, well-maintained and fully-funded. I mean shut up about charity, the GNP, pulling my own weight, and measuring my carbon footprint. I mean only embrace guaranteed can deliver real equality.

When I say high-quality personal assistance services I mean her sure hands earning honorably, and me eating and shitting without anyone's permission.

When I say nondisabled I mean all your precious tricks.

When I say nondisabled privilege I mean members-only thought processes, and the violence of stairs.

By dancing I mean of course dancing. We dance without coordination or hearing, because music wells through walls. You're invited, but don't do us any favors.

When I say sexy I mean our beautiful crip bodies, broken or bent, and whole. I mean drooling from habit and lust. I mean slow, slow.

When I say family I mean all the ways we need each other, beyond your hardening itch and paternal property rights, our encumbering love and ripping losses. I mean everything ripples.

When I say normal I don't really mean anything.

When I say sunset, rich cheese, promise, breeze, or  iambic pentameter, I mean exactly the same things you mean.

Or, when I say sunset I mean swirling orange nightmare. When I say rich cheese I mean the best food I can still eat, or else I mean poverty and cholesterol. When I say promise I mean my survival depends on crossed digits. When I say breeze I mean finally requited desire. When I say iambic pentameter, I mean my heart's own nameless rhythm.

When I say tell the truth I mean complicate. Cry when it's no longer funny.

When I say crip solidarity I mean the grad school exam and the invisible man. I mean signed executive meetings, fighting for every SSI cent.

When I say challenges to crip solidarity I mean the colors missing from grant applications, the songs absent from laws. I mean that for all my complaints and victories, I am still sometimes more white than crip.

When I say anything I know the risk: You will accuse me of courage. I know your language all too well, steeped in its syntax of overcoming adversity and limited resources. When I say courage I mean you sitting next to me, talking, both of us refusing to compare or hate ourselves.

When I say ally I mean I'll get back to you. And you better be there.

----------

We love you, Laura.

 

DOJ and Hilton Hotels Settle Accessibility Suit with Landmark Agreement

From the Equal Rights Center (11.17.10):

The Equal Rights Center (ERC) was very pleased to hear about the recent settlement between the DOJ and Hilton Hotels that will make approximately 900 hotels owned by Hilton more accessible. This huge victory for people with disabilities expands upon the agreement reached by the ERC and the American Association of People with Disabilities (AAPD) with Hilton Hotels earlier this year that improved the accessibility of three hotels in the District of Columbia.

The DOJ settlement causing more than 900 hotels to be made more accessible makes the accessibility improvement nationwide, allowing people with disabilities to travel with more ease.  This settlement also marks the first time that an agreement under the ADA has specifically detailed how a hotel reservations system should be made accessible and the first time that a hotel chain has been required to make its online reservations system accessible—both through accessible technology and a requirement to provide data about accessible features in guest rooms throughout the chain.

We applaud Hilton for becoming a new industry leader in accessibility and, as a disability rights advocate, hope you pass along the word to any of those who this settlement may help.

>>> For a Travel Weekly Article on this Settlement

>>> For a comprehensive summary of the terms of the settlement

NM: Branding of Navajo Man with Disability Charged as Hate Crime

From the Department of Justice (11.12.10):

Three Men Charged in Albuquerque, N.M., with Federal Hate Crimes Related to Assault of Disabled Navajo Man

A federal grand jury indicted three men in Albuquerque, N.M., on federal hate crime charges related to a racially-motivated assault of a 22-year-old man of Navajo descent who has a significant cognitive impairment.

Paul Beebe, 27, William Hatch, 29, and Jesse Sanford, 25, all of Farmington, N.M., have been charged with one count of conspiracy and one count of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act that was enacted in October 2009. More specifically, the indictment alleges that the defendants branded the victim by heating a wire hanger on a stove and burning the victim’s flesh, causing a permanent swastika-shaped scar on his arm. It is alleged that as part of the plan and purpose of their conspiracy, the defendants further defaced the victim’s body with white supremacist and anti-Native American symbols, including shaving a swastika in the back of the victim’s head and using marker to write the words "KKK" and "White Power" within the lines of the swastika. The indictment also alleges that the defendants took advantage of the victim’s developmental disability to induce him to make a cell phone video in which he purportedly consents to the branding.

This case is being investigated by the FBI’s Albuquerque Division in cooperation with the Farmington Police Department and the San Juan County District Attorney’s Office. It is being prosecuted by Assistant U.S. Attorney Roberto D. Ortega for the District of New Mexico and Special Litigation Counsel Gerard Hogan and Trial Attorney Fara Gold of the Department of Justice’s Civil Rights Division.

An indictment is merely an accusation, and the defendants are presumed innocent unless proven guilty.

>>> For the Original Release

VSA Founder, Jean Kennedy Smith, Receives Presidential Medal of Freedom

From VSA (11.18.10):

VSA Founder Jean Kennedy Smith Named Recipient of Presidential Medal of Freedom

Yesterday, President Barack Obama named Ambassador Jean Kennedy Smith, founder of VSA, the international organization on arts and disability, a recipient of the Presidential Medal of Freedom. The Medal of Freedom is the country’s highest civilian honor, presented to individuals who have made great contributions to U.S. security or world peace, or made other cultural or significant accomplishments. President Obama will present the awards at a ceremony in early 2011.

“Ambassador Smith is a pioneer,” said Soula Antoniou, president of VSA. “Because of her work, students of all abilities today have opportunities to express themselves and learn through the arts. Doors are open for artists with disabilities, and their work is being celebrated for its quality.  

“On behalf of VSA, our advisory board of directors, artists, and the seven million people touched each year through our work, we congratulate Ambassador Smith on this well-deserved honor.”

Ambassador Smith founded VSA in 1974. For 46 years, she has been a member of the Board of Trustees of the Joseph P. Kennedy, Jr. Foundation, which provides grants to promote awareness and advocacy in the field of intellectual disabilities. Her book, Chronicles of Courage: Very Special Artists, written in collaboration with George Plimpton, was published by Random House in April 1993. President Clinton named Smith U.S. Ambassador to Ireland, where she played a pivotal role in the peace process from 1993 to 1998. Ambassador Smith is the Secretary of the Board of Trustees of the Kennedy Center.

 

About VSA

VSA, the international organization on arts and disability, was founded more than 35 years ago by Ambassador Jean Kennedy Smith to provide arts and education opportunities for people with disabilities and increase access to the arts for all. With 52 international affiliates and a network of nationwide affiliates, VSA is changing perceptions about people with disabilities around the world. Each year, 7 million people of all ages and abilities participate in VSA programs, which cover all artistic genres. VSA is an affiliate of the John F. Kennedy Center for the Performing Arts. For more information, visit www.vsarts.org.

New Chief of FCC Disability Rights Office a PWD

Person with a Disability Named Chief of the FCC's Disability Rights Office

From the White House (11.17.10):

Washington, DC -- Gregory Hlibok, currently an attorney in the Disability Rights Office (DRO) in the Consumer and Governmental Affairs Bureau, has been named to head that office.

“Greg will be heading up the Disability Rights Office at a crucial time, as the FCC ramps up to implement the most significant disability law in two decades,” said FCC Chairman Julius Genachowski.  “Greg possesses extensive knowledge in the field of telecommunications access for people with disabilities as well as the leadership qualities necessary to lead the office.  He will be the first head of DRO who has a disability.  Under his direction, the office will work to ensure that people with disabilities can share fully in the economic and social benefits of emerging 21st century technologies.”

Greg has been instrumental on a wide array of disability matters in DRO since 2001.  He is known nationally for his role as spokesperson for the Deaf President Now movement in 1988, which led to the selection of Gallaudet University’s first deaf president.  Gallaudet is the world's only university serving primarily deaf and hard of hearing students.  At the FCC, he has taken the lead in several key rulemaking proceedings on telecommunications access for people with disabilities, including new initiatives on the National Broadband Plan.  Greg now lives in Ellicott City, MD with his wife and four children, and also serves as the board president of his alma mater, Lexington School for the Deaf.  He is a graduate of Gallaudet University and Hofstra Law School.

In addition to its new duties in implementing the new Act, the Disability Rights Office has responsibility for a variety of disability-related telecommunications matters, including telecommunications relay service (TRS), access to telecommunications equipment and services by persons with disabilities, access to emergency information, and closed captioning.  DRO also provides expert advice and assistance to other Bureaus and Offices, consumers, and industry, in order to support the Commission's goal of increasing the accessibility of communications services and technologies for persons with disabilities. 

International Policy Development: AAPD Hosts South African Fellow

From AAPD (11.17.10):

International Policy Development: AAPD Hosts South African Fellow

From October 25 to November 5, 2010 AAPD was honored to have Ms. Betty Mokoena from South Africa (SA) visit AAPD for two weeks as part of a Fellowship program sponsored through the U.S. State Department and Appalachian State University. The goal of the fellowship program is to strengthen South Africa's democracy and assist in the empowerment of mid-level government professionals, and to enhance technical skills and institution-building capacity for South African legislative professionals. Ms. Mokoena’s focus was on policymaking and issues of concern for people who are deaf and hard of hearing. As a sign language interpreter for the SA parliament, she was most interested in policy development from the American viewpoint.  Over the course of her fellowship, AAPD helped coordinate her meetings with representatives from the U.S. Congress, Telecommunications for the Deaf, Inc., Sorenson VRS, Verizon, Federal Communications Commission, Hearing Loss Association of America, and the Northern Virginia Resource Center. She also found time to tour Gallaudet and meet key people there.  Below is Ms. Mokoena’s story that she wrote for us:

"JUSTICE FOR ALL”

 My name is Betty Tshepiso Mokoena, born to Deaf parents. I am a Professional South African Sign Language Practitioner and an Advocate for Disability Rights

One would ask what does justice mean: You can’t define justice but you can see justice, when you are treated fairly and equal. Justice prevails when I am treated with dignity and fairness regardless of my race, gender and disability. How do we defend justice? One would say when Laws are passed and not just Laws that are favorable to anybody but Laws that are accommodative of People with Disabilities. The Legislators tend to justify the ignorance of sidelining People with Disabilities and later realized that by doing so, they are in contravention of Human Rights. From my past observation especially when Act or Legislation is passed in the House, people with disabilities are often “forgotten”. Who do we blame? The Legislature or the Disability sector for not being complacent? Then one would ask again what does Justice mean? Justice mean: Equality, Empowerment, Education, Equal opportunities and Employment.

Life is full of challenges and adversities, but that doesn't mean you can't overcome them. My experience is a testament to that. I grew up fighting for a just life, to be treated with respect, dignity and fairness even though my parents were Deaf. But,  was I living in a just Society? No, because there was no Justice. I was ostracized by the ignorant society because I was from a Deaf family. Luckily, I overcame my adversity, because I believed in what I was and who I was. Even though my family was labeled because of the stigma that prevailed and superseded sanity, I survived the discrimination. Did I enjoy my childhood life? No, because I was living in an unjust society, the society that was ignorant, that believed misconception and unfounded facts.  My definition of Justice for all is: Equality, living my life without fear and prejudice and enjoy my rights as human being.

I was not  powerless, I didn’t have to make excuses, because of my parents disability and I’d  never wallowed in self-pity or blame others because I knew who I was a CODA: Child of a Deaf Adult.

AAPD Government Affairs Director Speaks at G20 Conference in Seoul, Korea

AAPD Government Affairs Director Speaks at G20 Technology Conference, Seoul, Korea

Caption: Jenifer Simpson (AAPD) and Professor Sang-Mook Lee (Seoul National University

On November 8, 2010, Jenifer Simpson, AAPD’s Government Affairs Director, was invited by Professor Sang-Mook Lee of Seoul National University, to give a talk at the G20 International Symposium on “Convergence Technology & Improving the Quality of Life” in Seoul, Korea.  Held at the Korean Science & Technology Institute, Jenifer focused on how the new 21st Century Communications & Video Accessibility Act (P.L. 111-260) is an example of civil rights based public policy development that is needed when technologies, such as television and the Internet, converge.  She also focused on how the various organizations that formed the Coalition of Organizations for Accessible Technology (COAT) -- the national disability advocacy groups like AAPD, ACB, AFB, CSD and NAD -- worked together over five years to reach the goal of amending the Communications Act to modernize the existing disability provisions in light of new Internet connections. Attended by several hundred students and faculty members, the event also included presentations by others on nanotechnology and biomechanics as areas where technology convergence is occurring and that could change the quality of life for everyone, including people with disabilities.

A similar talk by Jenifer Simpson with students at the Seoul National University on November 10 stressed the critical elements needed to ensure empowerment of people with disabilities in influencing technology policy. These included having a clear agenda and the ability to work in coalition across diverse disabilities, knowledge of the public policy making process, a willingness to work with other stakeholders, such as constructive dialogue with representatives from varying technology sectors, e.g., wireless, television, broadband, wire line, and Internet, and persistence.

Background: South Korea, with a population of about 49 million, is a little larger than the state of Indiana, and, according to the Korean National Assembly, there are more than 2.15 million people (4.4 percent of the population) with disabilities. South Korea encourages the employment of people with disabilities, such as via the “Social Pact for Job Creation” as well as the “Employment Promotion and Vocational Rehabilitation for the Disabled Act.” The government has signed the UN Convention on the Rights of Persons with Disabilities.

 

More information on the G20 Technology Convergence symposium at http://tiny.cc/3fm4p

More on Professor Sang-Mook Lee at http://www.pbs.org/wgbh/nova/earth/profile-lee.html

More on Seoul National University at http://www.useoul.edu/

 

http://tiny.cc/3fm4p  is the tiny for the following URL http://webcache.googleusercontent.com/search?q=cache:ROlMJP9qzgUJ:aict.snu.ac.kr/isct2010/G20_international_symposium_2010.pdf+g20+international+symposium+on+convergence+technologies&cd=1&hl=en&ct=clnk

 

Supreme Court To Hear Case Relating to Abuse and Neglect in VA Institutions

From the Virginia Office of Protection and Advocacy (11.18.10):

Individuals with Intellectual Disabilities and Mental Illness Die After Abuse
State Officials Blocking Investigation

WASHINGTON – Two residents in a state run institution in Virginia died in what advocates allege are examples of extreme abuse and neglect of individuals with disabilities in the custody of state officials.

One resident who had an intellectual disability and mental illness died 8 days after ingesting 2 latex gloves. A second resident, despite complaining he was unable to breath, suffocated while institution staff attempted to place him in restraints. 

A third resident suffered severe injuries that included having his ear torn from his head by another resident in the facility.

The Virginia Office of Protection and Advocacy (VOPA), an agency with federal authority to investigate the abuse and neglect of individuals with disabilities in institutions, sought access to patients and records in the course of investigating the deaths and injuries.  VOPA’s requests for the records were denied so the agency went to court against state officials, arguing the state was violating federal law in refusing to provide the records.

The Supreme Court’s decision in this case has major implications for all agencies that work to protect the rights of people with disabilities, the elderly, children, and other vulnerable populations. 

The Supreme Court will hear arguments in the case on December 1st. 

The National Disability Rights Network (NDRN) filed an amicus brief in support of VOPA, its member agency.  NDRN executive director Curt Decker said, “A ruling against the Network could dramatically limit our ability to thoroughly investigate crimes against people with disabilities.”

NCD Celebrates 35 Years of IDEA

From NCD (11.17.10): 

 

National Council on Disability Celebrates 35 Years of the Individuals with Disabilities Education Act

WASHINGTON—The National Council on Disability (NCD) celebrates 35 years of the Individuals with Disabilities Education Act (IDEA), a law designed to ensure a free and appropriate public education for every child with a disability.

Prior to the law’s enactment, millions of students with disabilities were excluded from the public school system and were denied access to a public education. In 1975, Congress enacted and President Gerald Ford signed the Education for All Handicapped Children Act, one of the most important civil rights laws ever written. The central premise of this federal law, now known as IDEA, is that all children with disabilities have a federally protected civil right to a free appropriate public education that meets their education and related services needs in the least restrictive environment.

According to NCD Chairman Jonathan Young, “We’re delighted to join with all Americans to celebrate 35 successful years of IDEA and to call attention to the 6.6 million students with disabilities who have been served by this landmark law. The future of America depends upon the ability to ensure educational opportunities and high expectations for all citizens. NCD has long shared a commitment to the principles of IDEA, and to the youth with disabilities served by the protections of this law.”

“As IDEA is implemented, we must work to assure the successful transition of students with disabilities to post-secondary or work options and that youth with disabilities have access to the general education curriculum,” said Aaron Bishop, NCD's new Executive Director, who joined the agency on November 15.

In keeping with the theme Living, Learning, & Earning used at NCD’s National Summit on Disability Policy 2010 last July, NCD is hosting a series of regional forums across the country. The first “Learning” forum is planned for Spring 2011 at a location to be determined. The intent of the forums, consistent with the intent of the National Summit, is to promote extensive collaborations amongst all stakeholders and at all levels of government. “NCD is excited to embark on a path of consistent engagement with our stakeholders,” said Anne Sommers, NCD's newly detailed Director of Legislative Affairs and Outreach. “We look forward to using these forums as a venue for productive conversations that will position us more solidly toward an action orientation.”

NCD’s goals for each of the focused forums are to:

• Identify emerging opportunities to enhance the way people with disabilities live, learn, or earn (each forum will focus on a separate aspect of the theme Living, Learning, & Earning);

• Establish new mechanisms, and build upon existing ones, to improve the coordination of disability policies, programs, and advocacy efforts; and

• Energize collaborative networks to guide future disability policy directions

Social Security Clarifies Rule for People with Mental Disorders

From SSA (11.17.10):

Social Security Clarifies Explanation of Proposed Disability Rule for People with Mental Disorders‪

Public Comment Period to be Reopened for 15 Days‪

 

The Social Security Administration announced today that it will publish a notice clarifying part of the recently proposed “Revised Medical Criteria for Evaluating Mental Disorders.” In order to address some public misunderstanding, the notice will better explain how Social Security would consider the use of standardized testing when it determines disability for people who have a mental disorder. The original public comment period ended on November 17th, but Social Security will reopen the comment period to provide an additional 15 days from the date of publication of the Federal Register notice to allow additional comment on our proposed policy regarding the use of standardized tests.‪

To read the entire set of proposals, the new notice about the proposed rule on testing, and all of the public comments, go to www.regulations.gov and use the search function to find Docket No. SSA-2007-0101.

>>> For the Original Release