Fun with Breaking Bad & Photoshop
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We recently went to trial against a fast-food chain for lack of wheelchair access. In trial, three of the chain’s customers who use wheelchairs and the son of a fourth, now deceased, took the stand and described their experiences. They described these experiences as a practical matter — a door that closed on an ankle, a queue line that was too narrow, employees who ignored them or told them they could not even wait off to the side of the line — and as an emotional matter — what it felt like to encounter these barriers, to be ignored, to be told to wait somewhere else. They talked about their own lives, too: a lay pastor who counseled people with disabilities; an advocate who is working with the Smithsonian on a disability history project; a woman whose parents took her to see Martin Luther King, Jr. and taught her to stand up for her rights; a man whose mother had worked to integrate people with disabilities into her chorus.
The fast-food chain’s response was: you’re lying. You’re lying and you’re greedy. The chain’s lawyers called the restaurant’s assistant manager to the stand to testify that she didn’t recognize any of them. The lawyers pointed out — in cross-examining the customers — that they might recover damages, that they had filed other lawsuits to challenge other inaccessible conditions, that this wasn’t the closest restaurant to their homes. The chain’s hired expert — who uses a wheelchair — took the stand to say he didn’t mind the barriers, that he didn’t consider it discrimination.
Four people who took time out of their day, their days, to be deposed, to take the stand in trial. Work hours missed, long rides on public transportation. Just to be accused of greed and dishonesty. To be challenged on the fact that they had a life that took them farther afield than the restaurant closest to their homes. To be accused — rather than celebrated — for standing up to other facilities and other defendants who had excluded them.
We defended them in the language permitted us by the law, by the rules of civil procedure and evidence. Objections to relevance. Quotes from the governing appellate court: “[f]or the ADA to yield its promise of equal access for the disabled, it may indeed be necessary and desirable for committed individuals to bring serial litigation advancing the time when public accommodations will be compliant with the [ADA].”*
But as always, the late poet Laura Hershey says it best:
Telling**
What you risk telling your story:
You will bore them.
Your voice will break, your ink
spill and stain your coat.
No one will understand, their eyes
become fences.
You will park yourself forever
on the outside, your differentness once
and for all revealed, dangerous.
The names you give to yourself
will become epithets.
Your happiness will be called
bravery, denial.
Your sadness will justify their pity.
Your fear will magnify their fears.
Everything you say will prove something about
their god, or their economic system.
Your feelings, that change day
to day, kaleidoscopic,
will freeze in place,
brand you forever,
justify anything they decide to do
with you.
Those with power can afford
to tell their story
or not.
Those without power
risk everything to tell their story
and must.
Someone, somewhere
will hear your story and decide to fight,
to live and refuse compromise.
Someone else will tell
her own story,
risking everything.
A brilliant call to arms — to words? — for those who risk so much in speaking up. It feels mundane to quote it in the context of a fast food restaurant. But that’s the point: in simply describing a visit to a restaurant, ordering food, interacting with staff, you risk being called a liar and having your motives and experiences questioned and belittled.
I devote my professional energies to disability rights law, but mostly I do that sitting at a computer researching or writing. From that sheltered vantage point, it’s easy to lose sight of the courage it takes to tell your story in a courtroom and to be challenged, belittled, and accused of lying. I am deeply grateful for those who are willing to tell their stories.
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* Antoninetti v. Chipotle Mexican Grill, Inc., — F. 3d —, 2010 WL 3665525, at *7, slip op. at 16016 (9th Cir. Sept. 22, 2010).
** Quoted with permission. Thanks, Robin!
On Thanksgiving, one of the things I was thankful for was writers who make me think. All too quickly we’re mourning the passing of one of the people I had in mind when I wrote that. Laura Hershey was, among so many other things, a poet, writer, activist, word nerd, Scrabble ass-kicker, disability-rights mentor, partner, mother, and friend. She passed* the day after Thanksgiving.
Others will write about Laura’s long history in the disability rights and LGBT communities, of working with her as a writer, or protesting with her back in the day. My perspective is as a relative newcomer to the disability rights world, a straight, non-disabled law nerd wielding the dry prose of the legal brief in lieu of poetry or protest. I’ll miss Laura immensely as a friend, but I wanted to write about another role she played and will continue to play for me.
Laura is an important part of my Mental Greek Chorus. Perhaps you have one of these? My MGC consists of the people with whom I have the mental arguments that help hone my own views on things. (BTW, if having an MGC is a sign of mental illness, all I can say is I highly recommend it.) Membership in my MGC consists of really really smart people who I love and who call bullshit on my views. As you might guess, my husband and my brother are charter members. But so is Laura. Even though we could both be found on the left side of the political spectrum, she often challenged the assumptions in many of my views.
We disagreed on the question of abortion. But what, I asked, do you think of people deciding to have an abortion when they learn their child will be disabled? Her response: it’s wrong, but we can’t force people to make the same intimate decisions we would make.
She challenged my civil libertarian views of assisted suicide. Sure, in theory, everyone should have the same right to take his or her own life, but theory isn’t all that helpful in a world with limited support systems for people with disabilities, and a popular culture that often sends messages of pity and dependency.
And then there was the question of modesty. As you can see from her eloquent final blog post, Laura spoke frankly about sex. I think this is terrific — in theory. My own conversational approach is more, um, prudish. I recall Laura’s amusement as she described — over dinner at Little Shanghai — an art exhibit the theme of which was “what I was wearing when I had my first orgasm.” I suspect her ongoing amusement at her and Robin’s gift of a condom and a mint when my gift suggestion for Tim had been “exotic condiments” was motivated more by how long it took me to figure out the rebus than the actual blush value of it.
On these and so many other topics, I will always hear Laura’s voice adding nuance, intelligent commentary, and good humor to my dry legal analysis. She will live on for me in my heart and in my Mental Greek Chorus, continuing to gently, lovingly, and eloquently call bullshit.
* After my father passed in 1997, I noticed that his southern and African-American friends all said “passed” whereas non-southerners and non-African-Americans tended to say “passed away.” I came to prefer “passed,” because so often it feels like he is not really that far “away.” I’m thinking Laura would smile at taking the occasion of describing her death to nerd-out on word choice.
Here are some links by and about Laura:
http://www.spinalcordinjury-paralysis.org/LifeSupport
This link has two of her poems:
http://jfactivist.typepad.com/jfactivist/2010/11/laura-hershey-poet-writer-and-activist-dies-.html
Here is her Denver Post obit:
Subtitle: Drinking with white people, part deux. Went to a new hairdresser today. Turns out — I know this will come as a shock — he’s gay. [**] Within the first few minutes of our conversation, I learned that he had a husband to whom he’d gotten married in Vegas. Awesome! I’m a huge fan of marriage equality! We had a grand ol time discussing the California Prop 8 case, how cool it was that he got married, what it was like to work with your husband (something we had in common), the comparative virtues of Lady Gaga’s meat outfit vs. Bjork’s swan outfit, and his penchant for (another surprise!) decorating. Little did I know, my drinking-with-white-people experience had begun. I learned about his fantastic historic house, in his fantastic historic neighborhood right downtown, where he and his husband could walk to many incredible restaurants.
But! They were going to turn the historic property across the street into a 40 bed alcohol rehab facility! Luckily he and his neighbors got together and raised hell, so they rejected it. (Still not clear who the “theys” were.) I weighed the pros and cons of explaining the Fair Housing Act and NIMBYism* at this point, but honestly I really liked the haircut and … well this is the sort of compromises you make when you really like the haircut but the stylist is an asshole.
Then it got worse. Of course, he said, there are already two of them in the neighborhood. Two facilities. One is for, you know, mentally challenged people.
“You know, not pretty… but harmless.”
At this point, thank God, he was through cutting and was putting some sort of styling glop in my hair. I rubbed my eyes and explained that I was a civil rights lawyer, that we did fair housing cases, and that all of these people and facilities had just as much right as he and his husband did to live there. Of course, he sighed, you know we take them food at Christmas.
I guess I’m especially bummed because I’m guessing this guy has been on the receiving end of prejudice in his life but still could not see past his own prejudices. This is, of course, not uncommon, but every damn time it depresses the hell out of me.
And I really did like the haircut.
Update: I guess I should be clear on what was implicit in the last sentence. NFW am I going back to that stylist or salon. Oh well.
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*Not In My BackYard.
** Update: A friend quite properly pointed out that this sentence itself — in its attempt at humor — is pretty stereotyped, like saying “I know this will come as a shock” that my banker is Jewish or an African-American is a good athlete. All I can say is: yup. I screwed that one up. In the tradition of blogging (funny to have a tradition for something that has only about ten years of history), I’m not deleting it. Rather in my own tradition, I’ll just go forward feeling stupid about it.
Ayelet Waldman’s new novel, Red Hook Road, rang true and pissed me off at the same time. Given that she’s also a terrific storyteller, I guess that’s the definition of a good read. But I’m not sure the author even knows that she really stepped in it with respect to parents with disabilities.
The novel revolves around two families in Maine — one “local,” the other “summer people” — over the course of four summers. The protagonists are the Summer People mother-of-the-bride and the Local People mother-of-the-groom in the wedding that opens the book. Clearly one of the things that Waldman is wrestling with is the Local/Summer dichotomy. I think she gets that right, though I’m more Summer than Local. Interestingly, her Summer People are Jewish, while my Summer-People experience was as a half-Jewish kid in an enclave of WASPs. If you think I need more blog therapy about that, YOU’RE RIGHT! But not today.
So Waldman’s focus is the Local/Summer relationship, which I tend to think of in my judgmental way as sort of colonial: the Summer People bring necessary dollars and an appalling set of class distinctions to the Local community. But as with most things, it’s more subtle than I’m generally willing to expend the effort to understand. And I think Waldman goes a long way toward expending that effort. She also appears to credibly inhabit the head of the Local mother, though she has said elsewhere that her experience is as a Summer Person.
For all her sensitivity to the Local side of the equation, I was intrigued and pissed off by the way she portrayed the ultimately successful campaign of the Summer family to convince the Local family to permit Samantha — their adopted Cambodian niece and a violin prodigy — to live in New York. Given how hard she was working to balance Local vs. Summer, I kept expecting Local family ties to prevail over the pull of musical excellence. Was it easier to let New York prevail because Samantha had by definition already been uprooted from her birth country? Was it a determination to frustrate the reader’s expectation that family would prevail? Either way, Iris, the Summer mother who leads the campaign to bring Samantha to New York, has to work hard to convince the Local family that life in that city will be better for her — against the explicit objections of the Local mother (Samantha’s aunt) that family is more important. Yet the transition to New York from rural Maine is portrayed as cost-free to Samantha, who is simply thrilled to develop her musical gift and meet other Asian kids in the mix. “[Y]ears later, after she’d graduated from Juilliard, . . . Bach’s Partita no. 2 in D Minor became a staple of her own repertoire, and the basis of her first solo recording.” Without elaboration, we learn that the move is all good — for her and for the musical world.
This touches too glancingly I think on what it means to take a kid from her birth family and raise her somewhere that is judged to be better for her. It is interesting that Samantha has, by definition, been the object of two such decisions: to adopt her from Cambodia; and then to take her from Maine to New York. But I want to talk about another taking that I’m guessing Waldman had no idea she stumbled into: the fact that the last stop on Iris’s campaign of persuasion is with the Cambodian girl’s mother, Connie, a woman with a mental illness who “had been in and out of the psychiatric hospital.” Iris’s pitch centers around the girl’s incredible talent and the vast musical opportunities that she will have in New York that she could not possibly have in Maine. But — in what I perceived as a Local vs. Summer get-out-of-jail-free card — Waldman has Connie hand over Samantha to Iris with this blessing: “I have failed that girl. . . . . I took her in, I made her mine, and then I started to do her damage almost right away.” Iris objects: “You haven’t damaged her.” Connie: “But she will be if I keep her. She’s got a gift, and she deserves to be surrounded by people who understand how good she is. I owe it to her to give her to you.”
As a good liberal, Waldman would likely be aware of the appalling history of, say, Native American adoption — a history in which the state forcibly took Native America children from their families and placed them with white families in the name of providing a “better” upbringing. This program later came to be recognized as misguided and led to the passage of the Indian Child Welfare Act.
But she appears unaware of the fact that the state still forcibly takes children from parents with disabilities. As recently as last month, authorities in Missouri placed a newborn in foster care because her parents were blind. A few years ago, Montana authorities investigated the ability of one quadriplegic mother to care for her child while the boyfriend of another, in Illinois, sued for full custody on the theory that she could not care for her child.
My friend Carrie Lucas has established a program called Center for Rights of Parents with Disabilities to tackle these and other issues stemming from the stereotype that people with disabilities can’t be good parents and to help such parents find the community support they need. The links above show that this is by no means simple territory to write about. My beef with Waldman is not that she portrayed Samantha’s mother as having a mental illness, but that she so blithely assumed it justified taking her kid. I predict she would not, in this day and age, have a Native American mom tell a white woman, essentially, “I’ve failed her; you take her.” But that’s precisely what she did with a mom with a disability.
Extra bonus stepping-in-it: Waldman’s evident ignorance of the independent living movement. Connie says, of being institutionalized: “You know why I like it here so much? . . It’s an asylum.” Her daughter corrects her: “It’s a mental health institute . . .” not an asylum. Connie: “No, they don’t call it that no more. But that’s what it is. An asylum. A place of refuge, like. A sanctuary. It’s a good word, asylum. I wish people didn’t mind using it. Most of us could use an asylum sometimes. A refuge from the world.” Um, no, but that’s another column entirely.
A well-meaning neanderthal liberal dropped me a note asking whether “idiot,” “moron” or “imbecile” were as offensive as “retard.”
Good question — so I thought I’d see if anyone else wanted to weigh in on it. My gut* says “idiot” and “moron” are OK; “imbecile” is not so OK, but I don’t have any idea why. My best guess is that “idiot” and “moron” are much farther from their (unfortunate) clinical roots than “retard” is. But I’m very much open to being called on that. Honestly, I seem to recall hearing that “hysterical” has its roots in an internal organ that women have but men do not, and should thus be avoided. In light of the crap I have to read every day, though, I don’t plan to stop saying things are hysterical. Or maybe I’m just reclaiming words of female disempowerment . . . bitches!
Ultimately, there is some keeping track to do — I have learned only relatively recently that “gyp” and “welsh” are inappropriate as epithets and have stopped using them. But it seems to me it’s no more arduous than all the keeping track we have to do if we generally want to be thoughtful people: who is “Dr.” and who is “Mr.” or “Ms.;” who might have had personal experiences that make certain topics of conversation painful or awkward; whether and which cuss words are appropriate for the context (e.g., court hearing; lunch with in-laws; drinks with co-counsel, in order of increasing profanity).
What do other folks think?
* Update: A cro-magnon colleague of the aforesaid neanderthal wrote to point out my gut’s total historical ignorance. None of these three words — “idiot,” “moron” or “imbecile” — is ok, he writes, because “back in the day, mental retardation was defined based upon severity as idiot, imbecile and moron. Those words all define levels of retardation and were even politically incorrect about 40 years ago.” So was I supposed to do research & shit before blogging? I skipped that page of the instruction manual!
Seems to me, though, that in current usage, “retard” is meant to compare the target of the epithet to a person with cognitive disabilities, whereas “idiot” and “moron,” at least, have taken on a more general meaning of “stupid.”
Next time you are tempted to call someone a retard, or a [clever neologism]tard, or even accuse them of riding the short bus, stop and substitute one of the following offensive first-letter-only words: the N one; the S one; or the K, C, or J ones.
I’m actually going to make the argument that calling someone a r****d is worse than calling an African-American a n****r or a Chinese person a c***k. Because it is not generally people with cognitive disabilities who are being called r****ds. It’s not just a word of derision for the minority in question. It is more commonly used to disparage people who are not cognitively disabled. It’s saying “you are bad because you are like a person with a cognitive disability.” Like calling white people n*****rs or c****ks: “you are bad because you are like a black person . . . or a Chinese person.”
And liberals, I’m looking at you. Mostly I’m looking at you because you’re all I read these days. I know I know … echo chamber blah blah blah. But when I want to read illogical ad hominem bullshit, I’ll stick with opposing counsel’s filings — which I have to read anyway.
I’m also looking at you liberals because you’re supposed to know better. Remember? We’re the ones who respect everyone. Everyone. Not “I’ve learned the words I’m supposed to use for black people and brown people and girl people but it’s just such a drag to have to learn the ones for disabled people.” Everyone.
So, anecdotes, anyone? How about the otherwise hilarious Wonkette, which insists on adding the suffix “tard” to turn random words into insults:
This is seriously like deciding that it’s hilarious to insult people by adding “igger” to the end of other words. Pauliggers. Libiggers. Conserviggers. Palestiniggers. That last one is just awful on so many levels, eh? Now, do you get how truly awful Palestinetards is?
I’m predicting a common response. Maybe I underestimate you, but what I predict is the response above: it’s just such a drag to keep track of all this! I just learned to say Negro, when I was told to say Black, then it was Africa-American. Oriental? Asian? Ooooo noooooo! It’s just so confusing!
A while back I had an email exchange with a fairly prominent liberal blogger who had used the word “retarded” as an epithet. I called him on it — saying it was equivalent to offensive expressions such as “jew him down.” Here is the rest of the colloquy – quoted at some length because I think it typifies the common reaction, and sets out my views succinctly:
Prominent Liberal Blogger: “Unfortunately, it’s hard to keep track of all the words that offend some subsection of the population these days. I’ll watch myself in the future, although I have to admit that I have a hard time equating this to such a plainly offensive expression as ‘jew him down.’”
Me: I hear you, and I confess that I predicted this response. The “keep track of” argument segregates groups whose rights and feelings are worth worrying about (Blacks; Jews) from those who aren’t really on the radar screen (people with cognitive disabilities). The term you used is plainly offensive to a large subsection of the population; just one that you don’t really think about.
PLB: I really don’t think you can dismiss the issue like that. It really is hard, and there really are lots of groups who get offended over things. It’s just impossible for any single person to track it all. It’s not as if there’s some clear rule for figuring out whether a term is legitimately offensive, after all.
Here in [his location], for example, it’s considered offensive to display the flag of Vietnam. Big Vietnamese population, you see, and they insist that only the old South Vietnamese flag should ever be displayed publicly. Is that legitimate? Or is the flag of Vietnam the flag of Vietnam, whether you like it or not?Me: I would argue that there is a difference between using a term in a disparaging or pejorative manner and a political dispute. I am firmly of the view, for example, that if you think affirmative action is wrong, or that gays should not be allowed to marry (both positions with which I disagree) or that one political system is or is not legitimate in Vietnam (a position on which I am sadly ignorant) there is nothing offensive about asserting and defending your political views. I’ll argue anything on the merits.
Politely.[*]
On the other hand, you used a slang term that refers to a type of person and you used it in a pejorative sense. You were not (I hope) expressing a negative political or other substantive view about people with cognitive disabilities. I think common courtesy, rather than political correctness, would suggest that the word not be used that way.
Hell, even in the political context, a bit of forethought and courtesy would not be a bad thing. If I were going to be a guest in the home of a Vietnamese person, I might look into the matter and not wear, say, a tee shirt with the wrong flag. I really do think people with different views can speak to one another politely and respectfully.
* [Full disclosure: Politely, but with occasional, okay fairly common, use of cuss words.]