Category Archives: Disability Rights

Actions have consequences, or, how I responded to a MAGAing business associate.

Text conversation with a white guy I used to do business with:

Contractor: [discussion of potential project].  MAGA!

Me: Um, please tell me you don’t mean “MAGA.”  Srsly

Not funny.

I thought that might get a response from U.

But I have to ask:  are you a Trump supporter?

I am a supporter of the Constitution, less government
and the value of the individual.  I am not a supporter of
identity politics and victim culture.

Did you vote for Trump?  Will you vote for him in 2020?

Yes and yes

What is my alternative?

I’m sorry, I can’t work with you.  I respect your skills,
but I can’t work with someone who supports an entire
movement inimical to everything I believe in.
I appreciate your past work, but I’m afraid that’s it.

But I vote in CA, so my vote is completely wasted/futile.

Well I’m sorry to hear that.

Yeah, me too.

Signing off.

I answered your question: U didn’t answer mine.
What is my alternative?

You could do what many principled republicans do/did:  not vote.
STand up for your small government whatever,
but not vote for someone who is an admitted harasser,
who is working hard to oppress immigrants,
lgbtq people, muslims, and people with disabilities.

It’s not red vs. blue.  It’s a racist, nativist
movement that scares me for our future.

So:  actions have consequences.  Sorry.

I don’t see him that way, and that’s not what I support.

Those are his explicit policies.  He enacted a muslim ban.
He is banning trans people from serving our country.
He is turning back asylum seekers at teh border.

But thank U for answering my question.

it’s not what you may or may not see; it’s his policy.

So, yes, that is my answer.

 

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.

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*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!

Do you live in a bubble? Yeah, me too!

You’ve probably seen some version of the NPR bubble quiz.  It was published in March, 2016, but has been making the rounds on Facebook again.

It’s prefaced like this:

There exists a new upper class that’s completely disconnected from the average white American and American culture at large, argues Charles Murray, a libertarian political scientist and author.

Of course, if it’s based on Charles Murray’s work, it gets an automatic 5-star bullshit rating, but I took it for fun, and learned that I’m pretty bubblified:  my father was a lawyer; I’ve never owned a pickup truck; and I can’t identify military insignia.  I’m saved from total hermetically sealed oblivion by the fact that I have had friends who are evangelical Christians, have purchased Avon products,* and am pretty sure Tim would have gone fishing in the past five years if it weren’t so inaccessible.

Why is it, though, that we only think of educated middle-class liberals as living in a bubble?  And those in Murray’s white suburban Christian bubble as defining “American culture”?

Want to see if you are part of “American culture” as millions of people outside the exurbs of the south and midwest experience it?  Take the official ThoughtSnax Bubble Quiz!


Do you have any close friends or family members who rely on a wheelchair to get around (full time; not just at the airport)?**

Have you ever been unable to shop, dine out, or patronize an entertainment venue because of architectural barriers?

Have you ever been unable to enjoy a movie, play, concert, or sporting event because of communications barriers?

Do you consider people with significant disabilities who do ordinary things like work, shop, or dine out with friends to be “inspirational”?

Do you regularly interact professionally with professionals of other races or national origins?

Do you have any friends who are gay or lesbian?  Trans?  That you know of?

Do you know what “trans” means?

Have you ever been mis-gendered or dead-named?  Do you know what this means?

Have you ever read a book, article, or poem by any of the following?

  • Ta-Nehisi Coates
  • Dan Savage
  • Laura Hershey
  • Viet Thanh Nguyen
  • Stephen Kuusisto
  • N.K. Jemisin
  • Junot Diaz
  • Marjane Satrapi
  • Philip Pullman
  • Jhumpa Lahiri

Have you or anyone close to you ever feared for their life, health, or safety at the hands of the police?

Have you or anyone close to you ever feared for their life, health, or safety if pending Republican “health” “care” legislation were to pass?

Do you know any Jews?

Do you know any Jews as personal friends, not just colleagues or professionals?

Do you know who any of these people are?

  • Fred Korematsu
  • Maysoon Zayid
  • Stella Young
  • Audre Lorde
  • Justin Dart
  • Sarah McBride
  • Bill Lann Lee
  • I. King Jordan
  • Bree Newsome

Have you ever had anyone attempt to proselytize you or convert you to their religion?

Do you have an education that you’re proud of?

Have you ever experienced discrimination on the basis of your race, sexual orientation, gender/identity/expression, disability, or national origin?

Has anyone ever assumed you were:

  • the nanny?
  • the help?
  • the aide?
  • unable to speak for yourself?
  • not married to your actual spouse because you’re the same gender?
  • not married to your actual spouse because one of you has a disability?
  • a different religion, nationality, or gender because you don’t look like they assume people of your religion, nationality, or gender should look?

Have you ever been on the receiving end of a “bless your heart!”

Are you sick and tired of non-disabled, straight, cis, white, Christian conservatives acting all superior because you answered “yes” to many of these questions?

UPDATE (from my astute and perceptive sister-in-law, Terri Robertson):

Have you ever been subjected to harassment because of your gender?

Have you had your reproductive or sexual health choices questioned?

Do you dress based on fear?

Can you walk by yourself in a parking garage without fear? Can you walk anywhere by yourself without fear?

UPDATE II (from my astute and perceptive step-sister-in-law*** Annie McQuilken):

Have you ever had your parenting skills questioned in public because your kid didn’t look or behave “typically”?

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*The quiz did not require me to have used these products.

**You knew that would be first, right?

*** My parents did not supply me with any sisters, but luckily we have an extensive blended family that provided a few.

You’ll Never Be as Radical as This 18th-Century Quaker Dwarf – NYTimes.com

Slowly, over a quarter-century, his relentless agitation changed hearts and minds. … He died a year later, an outsider to the Quaker community he loved, but a moral giant of a man.

Source: You’ll Never Be as Radical as This 18th-Century Quaker Dwarf – NYTimes.com

Seriously? Seriously??? You write about a radical Little Person who presciently opposed slavery, point out that part of why history has ignored him is his disability, and conclude with words equating moral superiority with physical size or typicality.

And we wonder why no one ever gets disability rights.

Trump critique: OK vs. Not OK

Not OK:

  • His mental health.
  • His body shape.
  • His need for a mobility device to get to the G7 photo.  Josh Marshall, looking at you:  “Look on the bright side. Could have been a mobility scooter.”  Seriously?

OK:

  • His policies, cronies, ignorance, and greed will kill us all.

Prejudice leaks

I wonder about the term “micro-aggressions,” because they’re neither.  They seem to me to be prejudice leaks, neither aggressive nor — because they reveal an entire worldview — micro.*

We all have internal worldviews that are full of prejudices and assumptions.  Some true, some false; some examined, some unexamined; some praiseworthy, some benign, some offensive.  Then we encase the whole mess in the persona we are presenting to the world.  A thick exoskeleton of personality that is all most people ever see.

Image: Michelin Tire logo - human figure made of tires, with the effect of a puffy, tire-encased human.

Many people choose to encase themselves in an open-minded persona.  Maybe it helps them fit in to a liberal social circle or workplace.  Or maybe they genuinely believe they are open-minded.  It’s important to their self-image.  Or maybe it’s important to you to believe they’re open-minded.  They’re your friend, teacher, colleague, doctor, pastor.  You want to believe they see you as you are.

Then they say:

I’m so sorry your husband uses a wheelchair” ::furrowed eyebrows concerned face::  or

“are you the nanny?”  or

“where are you really from?” or

“you must be the first person in your family to go to college.”  or

“you’re so articulate!” or

is the father still in the picture?” or

“I know your kid has two moms, but who’s the real father?”

and a little fissure forms in the exoskeleton and the prejudice leaks out.**

Image: Michelin Tire logo - human figure made of tires -- with a small hole in his head and lines indicating a leak.

Suddenly you can see, in that small leak, the entire worldview that sits inside the protective exoskeleton.  That they view disability through a lens of pity.  That they have seen your skin color or facial features and constructed an entire narrative that has nothing to do with you.  That their views of LGBTQ families are stuck somewhere around 1950.

In many cases, it’s not aggressive,*** but it’s not micro.  It’s an inadvertent glimpse of an entire worldview you didn’t know existed, or didn’t want to know existed, or hoped against hope and experience did not exist, or perhaps they didn’t know existed or had been suppressing or had never stopped to think about or didn’t even have the framework to understand.

Prejudice leaks.

It doesn’t sound as cool as micro-aggression.  It sounds like something that requires padded undergarments.  But I honestly think it’s a more accurate description.

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*I realize I’m wading into an arena that has been the subject of a good deal of academic thought, research, and writing, and that I have 0.00 qualifications to take on that analysis.  This is a strictly non-academic view, from someone who has witnessed many real-life prejudice leaks that seemed neither micro nor aggressive.

**Not bad for someone who can’t draw, eh?

***There are plenty of cases where comments like these are aggressive, but in that case I wouldn’t call them “micro-aggressions,” I’d call them “prejudice” and perhaps also “being an asshole.”