Category Archives: Assholes

Confiscating a Dynavox in the name of Christ.

Religious hospitals get a lot of press for denying healthcare to LBGTQ folks and the like, but a lesser known problem is that Title III of the Americans with Disabilities Act includes this language:

The provisions of [Title III] shall not apply to … religious organizations or entities controlled by religious organizations, including places of worship.  42 U.S.C. § 12187

So, yknow, churches can be as inaccessible as they want and can’t be challenged under Title III of the ADA.  Fine.  Well, not fine, but we’re stuck with it.  But religious-themed hospitals are big business, and dominate the healthcare landscape.  Then they do this — to a psychiatric patient who used a Dynavox to communicate  — and claim immunity as a religious organization:

[The patient, Linda Reed] claims that she was denied the use of her Dynavox; that hospital staff attempted to give her medication she was allergic to; that she was denied timely access to her medical records; that she was denied the use of a telephone to call her case manager (about whom the record reveals little); that she was denied access to a chaplain; and that she was physically escorted off the premises by two security guards. Notably, the hospital’s corporate representative and nursing supervisor, William Fry, testified in his deposition that the Dynavox was locked up outside Reed’s room at night and that she had access to it during the day only “as long as her behavior was appropriate.”

Reed v. Columbia St. Mary’s Hospital, No. 17-1469, 2019 WL 494073, at *1 (7th Cir. Feb. 8, 2019) (emphasis added).*  Read that again:  she was only ALLOWED TO COMMUNICATE if her “behavior was appropriate,” apparently as assessed by Nurse Ratched.

 

Image: Dynavox speech generating device; similar appearance to a tablet; bottom half containing a QWERTY keyboard; top half a field showing the text being typed.

Dynavox

 

The hospital in question was Columbia St. Mary’s Hospital, now named “Ascension.”  It claimed, in seeking immunity, that it “will not perform medical procedures inconsistent with Catholic ethical directives.”  Id. at *6.  So I guess denying communication access — including communication with a chaplain — is fully consistent with Ascension’s Catholic ethical directives.

The Seventh Circuit denied the claim of religious immunity, but only because the hospital forgot to plead it.  The court “express[ed] no opinion on whether … the hospital might fit within the exemption for entities controlled by religious organizations.”  Id.  That is, if its lawyers hadn’t been so sloppy, the hospital might have been able to confiscate and control the patient’s only way to communicate, and gotten away with it . . . in the name of Christ.

*******

*I wanted to write “emphasis added, motherfucker” but didn’t find that in the Blue Book.

The straw ban is the white liberalest thing ever.

Image: two drinks sitting on a wooden picnic table: a beer without a straw and a margarita with a straw.The effort to ban plastic straws is everything that’s wrong with ableist white liberalism in a nutshell:

  • It’s a policy built on emotion
  • about animals
  • that solves a tiny part of an enormous problem
  • by imposing on a marginalized part of society
  • without listening to the lived experience of those folks
  • letting big corporations make bold declarations of solidarity
  • without holding accountable those and other corporations that cause the real problems.

The disability rights movement needs names for ableist dorks equivalent to “Becky” and “Chad.”  Suggestions?

Update:  I love the suggestion of “Wally” the White Ableist Liberal.  Thanks, MontanaBradley!

Casual ableism and sexism: still not OK

Sitting around a table with a bunch of attorneys.  One guy describes a multi-party case involving parties who are blind.  He says:  “We call them the ‘two blind mice.'”

My brain chokes momentarily.  I call him out:  “you gotta be kidding me!”

No one else says a thing.

He says, “sorry you were offended.  People have different senses of humor.”

Earlier in the meeting, he consistently referred to female judges and magistrates as “The,” for example “The Krieger” or “The Tafoya.”  Male judges were just “Hegarty” or “Watanabe.”

Called him on that, too:  “Are we only The-ing the women?  Or the men, too?  I want to know how we should use our determiners.”  I was actually sort of cracking myself up with those questions, but appear to have been the only person amused.

Don’t think he really knew what I was talking about.  I did get an eyeroll from another woman in the room for that one.

I’m guessing I’ve been added to everyone’s list of humorless women.  Whatever.  Way too old to give a fuck about that.

Or maybe now I’m The Robertson.