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ADAPT (48)
This is a continuation of the story in ADAPT 47 and the entire text is included there for easier reading.
ADAPT (46)
This is the continuation of the story that begins in ADAPT 45. The entire text is included there for ease of reading.
ADAPT (49)
Rocky Mountain News Wednesday morning April 6, 1977 [Headline] Jeffco health chief says new tests show higher peril from Flats plant 4 PHOTOS FOR THE NEWS BY TIM SPANGLER: First photo (top left) is of a man in a dark jacket (James Chidlaw) standing and tipping over another man (Dennis Wilcox) in wheelchair; his right front and back wheels are off the ground and the standing man is holding the back of his chair. They are in a parking lot with a large white building behind them. In the background other people are standing or walking in the distance. A woman standing near them watching has her hands up. The man in the wheelchair (Wilcox) has a big beard, glasses and a hat with a brim. He is wearing a striped shirt, and the woman in front of him has bell bottoms on. His chair appears to be a motorized wheelchair. Second photo (top right), a man (Chidlaw?) in a dark shirt or jacket is on the ground and two other men are reaching downward in his direction, possibly pushing or holding him down. One of them appears to be wearing a work uniform while the other has on a hat with a feather, a turtleneck and bell bottoms. In the background other people seem to be approaching. Third photo (bottom left) shows the man with the feather in his hat and another person starting to lift the man (Wilcox) in the striped shirt up from the ground. His wheelchair is not visible. Another man (Wade Blank) appears to be talking to the man in the dark jacket (Chidlaw) who is now standing. Meanwhile the man in the work uniform has one hand on the jacketed man's back. The fourth photo (lower right) shows a small crowd of people. A man in a dark shirt (Chidlaw?) has his hand up one finger pointing while Wade and the man in the work uniform watch. Something is happening in front of them but it is hard to tell exactly what. Wilcox's arm in the striped shirt is visible from behind someone else, somewhere between ground and wheelchair heights. [Subheading] Demonstrator encounters rough going Parking lot manager James Chidlaw, upper left, pushes handicapped protestor Dennis Wilcox off his lot during demonstration at Denver's federal office complex Tuesday. Wilcox felt to street and fellow demonstrators...(not legible)...law to ground. At bottom, Wilcox is helped up while other protestors angrily....Chidlaw, who later was cited for assault. Incident preceded an all-night sit-in at the federal office building. Story another photo on page 6.
ADAPT (44)
[Rocky Mountain News] Banner Headline for story in ADAPT 45 and 46. PHOTO on left of headline: Head and shoulders shot of a young man (Michael Smith) with dark hair, pulled back in ponytail, dark beard and moustache. His head is tilted slightly to one side and he is smiling a bit. Caption reads: Michael Smith. He had a dream; He prayed that He would walk again someday. But someday never came. [Headline] Late poet a plaintiff in nursing home case Page 5
ADAPT (50)
Red Rock Journal, Community College of Denver, vol.1, number 2, April 12, 1977 HEW Occupied Disabled Demand Rights by Jim Walker Will the forgotten minority finally be heard? Last Tuesday about one hundred and fifty disabled people gathered in front of the Federal building to demand their rights by protesting the delay of the signing of a bill by Health, Education and Welfare Secretary Califano. Between bursts of chanting and sign waving, several disabled participants lodged verbal protest against the delay. Ingo Antonisch, the executive director of the Mayor's Commission on the Disabled along with Don Galloway, the executive director of the Governor's Advisory on the Handicapped were also there to voice their discontent. Lyle Peterson, master of ceremonies, lead the group in the chanting of "We Want our Rights," while converging onto a downtown street. Clad with wheelchairs and crutches and a stretcher they continued to hold up traffic for about fifteen minutes until Denver police came to break it up. During the detainment of downtown motorists, one parking lot manager, James Chidlaw, started to detour traffic through his lot. In doing this, he came in conflict with a demonstrator named Dennis Wilcox. Chidlaw allegedly assaulted Dennis, throwing him out of his wheelchair. The manager was later cited in county court for two charges of assault. The crowd then proceeded to block the halls of the HEW regional offices on the 10th floor of the Federal Building, where Wade Blank, director of the Atlantis Community, and the participants of the rally demanded that a call be placed to Washington and the conversation be put on the portable intercom system. Califano supposedly was unable to talk at that time and passed the buck on to one of his assistants, who in turn told the angry group that the secretary intended to sign the bill after he had read it carefully. Ingo Antonisch then got on the phone and said, "We hear the message but we want to see the action." Nearly four years has gone by since Section 504 of the Federal Rehabilitation Act was made into law in 1973 under the Nixon administration. The handicapped have fought secretary after secretary under Nixon and Ford and are tired of being shoved around. “It takes $25,000 minimum price to rehabilitate a person from a spinal cord injury, yet we are thrown out into society and left there to hang and dry with our guts in the wind," said one angry protestor. The law when it takes effect, will grant the same rights as racial minorities and women as it does for the disabled. There is another rally scheduled for the 29th of April at the State Capitol. Perhaps there will be more than one person in attendance from Red Rocks Campus. PHOTO by Stephen Jalovec: A sign that reads HUMAN RIGHTS FOR DISABLED fills most of the picture, and below the sign are several people in wheelchairs. Caption reads: Handicapped persons staged an overnight protest demonstration in the offices of Health, Education and Welfare at the Federal Center downtown last week. Another demonstration is scheduled for April 29.
ADAPT (51)
The Denver Post - Sat April 30, 1977 PHOTO by Dave Buresh: A fancy room inside the Colorado capitol building with Greek columns and ornately carved doors, is filled with protesters. Several are carry signs: "More job opportunities for the handicapped" and "End discrimination for handicapped." A blind African American man with a an afro, a fancy dashiki type jacket and pendant speaks into a microphone as an older white man in shirt sleeves and a necktie holds a paper in his hand. A woman standing between them looks down at the paper. Caption reads: Handicapped Demonstrate Outside of Joint Budget Committee Offices. At microphone is Don Galloway, with State Rep. Morgan Smith, center and Janet Anderson in middle. [Headline] Handicapped Rejoice at Rights Success by Jim Kirksey Flushed with the success of helping secure enactment of a “Bill of Rights" for the handicapped on Thursday, more than 200 handicapped and disabled Coloradans celebrated and demonstrated Friday at the State Capitol. A new set of regulations that puts into effect a 1973 law was signed Thursday by Joseph Califano secretary or the U.S. Department of Health, Education and Welfare (HEW). Its enactment was credited to the efforts of handicapped persons across the country, and especially to a nationwide demonstration by the handicapped three weeks ago. The law extends civil rights to the handicapped those civil rights guarantee already granted to ethnic minorities and women. THE FESTIVE CROWD gathered on the west steps of the Capitol about 10:30 a.m. to hear a number of speakers congratulate them on their success and to caution them about the future. The gathering - many people in wheelchairs, some on crutches, others with white canes or guide dogs - were told they were responsible for the victory, but were cautioned that it "it is only a beginning." not legible ...the HEW regulations would become a reality only if they are pursued, and the crowd was urged to remain united in the future for that effort. THE SPEAKERS included Don Galloway, executive director of the Governors Advisory Council on the Handicapped; Janet Anderson, administrative assistant to the council; Lt. Gov. George Brown; Wade Blank, codirector of Denver's Atlantis Community; Ingo Antonitsch, executive director of the Denver Commission on the Disabled; Diane McGeorge, president of the National Federation for the Blind of Colorado; and Ludwig Rothbein, of the Colorado Developmental Disability Council. After approximately an hour, the crowd moved inside the Capitol and presented legislators with a list urging them to: -- Promote the "deinstitutionalization" of the disabled with increased state supplemental income payments and home care attendants fees. -- Require school districts to integrate disabled students into their classrooms. -- Legislate removal of architectural barriers. -- Limit the growth of the nursing home industry as the wrong answer to problems of the disabled and handicapped. -- Investigate the nursing home industry and state institutions and prosecute cases of abuse and violations of civil rights. -- Expand affirmative action programs to include the disabled. -- Appropriate $188,000 to restore to Denver General Hospital monies for services to the mentally ill. -- Create a permanent advisory council on the disabled with the funding and power to “make effective changes." -- Establish accessible polling places for the disabled. THE GROUP stood outside the third floor office of the legislature's Joint Budget Committee and chanted, "We want to see the JBC.” State Sen. Ted Strickland, R-Westminister, chairman of the JBC, State Reps Belly Neale, R-Denver, Morgan Smith, D-Brighton, both JBC members and Robert Eckelberry consulted with the gathering for 300 minutes. Strickland, who met with them for about 20 minutes, addressed each of the listed demands by telling of action already taken and assuring them that the JBC hearings in next year's budget would be held in facilities where the disabled and handicapped could take part. Neale said the JBC “does have the best interests of the handicapped at heart," and Smith assured them that he would circulate their demands throughout the legislature.
ADAPT (43)
The Denver Post - Thursday October 2, 1975 [Headline] Muscular Dystrophy Wins Battle [Subheading] Mike Died at Atlantis - a Dream Come True by Fred Gillies Michael Smith died Wednesday afternoon in the place where he wanted to be - the Atlantis Community in Denver. Atlantis was Mike's dream come true: a fledgling community where he and 13 other handicapped persons could live in dignity as individuals, attempting to realize their full potential. But the dream died Wednesday for Mike as muscular dystrophy, the dark angel that lived with him for most of his slightly more than 21 years, won the final battle. Mike and other Atlantis residents came into the public view late in June when a Denver Post story told of the hardships they were suffering as the result of bureaucratic bungling which had delayed the Social Security checks the Atlantis residents needed to pay their living expenses there. At that time, Mike was semiconscious and not expected to live. But he later rallied, as he had three other times in the past year when he was close to death. For the past three months, Mike generally had been confined to his bed and most of the time used an oxygen tank to ease his breathing. In recent weeks, Mike had started composing poetry again — one of his favorite pastimes and the one that seemed to allow, him to escape from the physical helplessness forced upon him by muscular dystrophy. Mike also was following closely the progress of a legal action that he and other handicapped persons had filed in Denver federal court to ensure the handicapped the same rights as all other persons. And with the help of Atlantis staff members, Mike was planning his first vacation in many years: a plane trip to Houston, Texas. Two of the Atlantis staff were to accompany him there. But last Sunday night, Mike's condition suddenly worsened. His kidneys apparently had started to shut down. Carbon dioxide was building up in his body, affecting the brain and causing respiratory problems. Mike was taken Monday to Denver General Hospital, where blood tests were completed. But Atlantis officials said doctors at the hospital concluded that there wasn't much that could be done. And Mike was adamant: he didn't want to undergo another operation to cut into his windpipe to ease his breathing just a little longer. He didn’t want to be hooked up to all kinds of machines and medical equipment. He wanted to be left alone and to he allowed to die in peace and at Atlantis. Mike was permitted to "come home" to Atlantis on Tuesday. But now he was required to wear a full face mask utilizing a nebulizer which sprayed a mixture of oxygen and water steadily into his weakening lungs. On Wednesday morning, Mike twice had been taken off the nebulizer briefly while adjustments were made, and there were no complications, Wade Blank, Atlantis co-director said. But Wednesday afternoon, after the nebulizer had been removed for another swift adjustment, Mike died. “He relaxed, went to sleep and just stopped breathing," said his mother, Mrs. Joanne Davis of Central City, Colo., who was with him. Mike’s mother will fulfill his wish that the only flowers at his funeral be one red rose which she will provide and keep afterward. Mike also had asked that persons planning to send flowers for his funeral might instead send donations to Atlantis at 2965 W. 11th Ave. Early last July, Mike and a friend put together a book of about 35 of Mike's poems, written over the past seven years. At the time of Mike's death, the manuscript still was being circulated among publishers. One of these poems - “With the Wind, I Leave" - tells of Mike’s leaving his love, “leaving the oceans, fields and mountains that were my life.” But then he tells of finding "a peace and wisdom that no one can take away.” And the poem concludes with Mike's quiet admonition: "So when you remember me, think of the oceans, fields and mountains. Think of the wind that blows in the spring and you will know that I am free." Services for Mike will be at 2 p.m. Saturday at the Olinger Mortuary, 16th and Boulder Sts. A copy of Mike's book of poems will be with him when he is cremated, as he had wished. Denver Post PHOTO: A thin young man (Mike Smith) lies in bed wrapped in sheets. His long dark hair is laid out on the pillow above his head, and his dark eyebrows, beard and moustache frame his features. He looks with a burning intensity up and someone (mostly out of the picture), who is holding a book. Caption reads: Mike Smith Listens as His Poetry is Read. He was photographed in June after moving to Atlantis.
ADAPT (47)
Rocky Mountain News March 26, 1977 News PHOTO by John Gordon: A small person (Mary Cisneros) with apparently no legs is seen from the back in wheelchair, wheeling through an empty lot. In the background is a clothes line with clothes hanging out to dry. [Headline] The beginning of a quiet war Once destined to spend her life in state institutions, Mary Cisneros, 25, is starting over. She lives in a Denver apartment and plans to become a tutor for the blind. Here, she's shown at the Atlantis Community, where she and others have found new hope. Atlantis is working on behalf of the disabled. Handicapped starting a 'quiet revolution' continued from.... ,,, the first time. For others, it means learning how to read and write. Mrs. Sue Sutherland, 23, is one of two women who tutor the Atlantis residents, using a special teaching machine developed by a University of Colorado professor. A staff of 27 persons, including some who were themselves rescued from institutional settings, provides attendant care. Their pay comes from the state and county attendant allowances of up to $217 per month to which many in Atlantis are entitled by law. A HOTLINE CONNECTS the housing units and the apartments of those no longer at Las Casitas, so residents can seek help quickly in emergencies. The job of manning the line is one of many tasks performed by the residents. Each is paid $50 a month, a figure arrived at because anything higher would oblige the recipients to involve themselves in red tape - and, in many cases, to lose the welfare payments they now receive. Most residents draw $184 a month in public assistance, most of it coming in the form of federal "SSI" payments. The rest comes from the state. From this, they pay $101 for room and board. Blank is the highest paid staff member. He gets about $8,000 a year from a combination of state and private grants. This leaves him eligible for food stamps. Administrator Mary Penland "gets paid when we can scrounge it up," and Kopp - who lives in Blank's house and has bought a third of it - hasn't been paid a dime of salary during his two years as co-director. Needless to say, Atlantis has made waves. lt has clashed with doctors who insist that the place for severely disabled persons is in an institution. And it has fought with those label people as "mentally retarded," saying the phrase is largely meaningless. "WE TOTALLY REFUSE to use that label here." says Blank. “We don't think the term is applicable to most young people. If they're retarded, it's socially retarded." Blank bubbles with excitement at the success stories of the people around him - those he proudly describes as “my circle of friends. “ And their affection for him is equally visible. There is Gary Van Lake. a 24-year-old Wyoming native who broke his neck in a 1973 car crash. Wyoming rehabilitation officials insisted he had no hope of returning to a normal life. "They told me I had reached my potential," he recalls. Coming to Denver to attend college, he wound up in a nursing home. Atlantis got him out and helped him get into Craig Hospital where he learned anew how to do things like go to the bathroom and drive a car. Now he has a specially equipped van, complete with an elevator for his electric wheelchair, and is engaged to marry in May. An outsider, viewing the rundown setting and the severity of the residents' physical problems, has to rely on their words and smiles to know how much their lives have improved. ONE TESTIMONIAL came from John Folks, 21, who has been paralyzed from the neck down since he was shot in June 1972. He breathes through a tube in his throat and uses a specially equipped telephone with a loudspeaker and a switch that he can trigger by moving his head to one side. Soon after Blank told how Folks had joined other Atlantis residents on a camping trip last summer. Folks explained how he felt about leaving the nursing home in which he lived for nine months before he came to Atlantis: “It's just like getting out of prison. lt is like starting over again. " Acknowledging that he and others at Atlantis “are somewhat egotistical" in their boasts of success, he adds: "We have to be to survive." But he also contends that the boasts are well-founded. For one thing, he notes, Atlantis has caught President Carter's fancy and could play a role in Carter's upcoming plans to revamp the welfare system. Last summer, when candidate Carter passed through Denver on the campaign trail, he met briefly with Atlantis officials. This week, two HEW aides from Washington came to Denver for a briefing on what Atlantis is doing. And a thick report, put together by Atlantis with an $82,500 federal grant, will go to Washington as Colorado's minority report at the White House Conference on Handicapped Individuals. The May event, planned when Gerald Ford was still president, is the first of its kind. lt is expected to set the stage for significant action by Congress to aid the nation's disabled citizens. The money for the Atlantis reports which was unveiled in February, came as a belated response to the original efforts of Blank and Kopp to get enough money so they could build Atlantis from the ground up. When the money came through in 1976, they knew it wouldn't be enough to get them out of Las Casitas. But they saw the value of a comprehensive report about the need of the disabled. ITS CONCLUSIONS are clear and blunt. Blunt as Wade Blanks words when he describes why Atlantis has the potential to be seen us model for the nation. “Our critics say all we have to offer is the slums," he noted a couple of days ago. "Yet 55 people are on our waiting list." "I think the nursing homes are going to have to start watching their words because the waiting list indicates, in essence, that these people would rather live in a slum than in a nursing home " NEXT: “We are demanding our rights."
ADAPT (52)
Rocky Mountain News, Wed., April 6, 1977, Denver, Colo. PHOTO by John Gordon: A large crowd of protesters, many in wheelchairs, are gathered outside a building. All are facing the building and a couple carry signs. Caption reads: Wheelchair demonstrators gather at noon Tuesday in front of federal courthouse. [Headline] Disabled protest lack of HEW action By Alan Cunningham Chanting slogans and carrying picket signs attached to crutches, more than 100 disabled persons staged a protest march and sit-in Tuesday at the federal office building in downtown Denver. Their sit-in was expected to last all night outside the regional office of the U.S. Department of Health, Education and Welfare (HEW) It was part of a nationwide protest aimed at forcing HEW Secretary Joseph Califano to sign regulations implementing a "handicapped bill of rights" passed by Congress nearly four years ago. The demonstration was peaceful, for the most part, but was marred by one incident in which a parking lot manager across the street from the federal complex allegedly assaulted demonstrator Dennis Wilcox, a quadraplegic, causing him to fall out of his wheelchair. Wilcox apparently was unhurt. The manager, James C. Chidlaw, insisted the encounter occurred accidentally as he attempted to guide stalled motorists through his lot. But, on complaints by Wilcox and another demonstrator, Chidlaw was cited into county court to face two charges of assault. Simultaneous demonstrations too part at HEW headquarters in Washington and at regional offices in Denver and eight other cities. They brought forth an assurance from Califano that he would sign the regulations “early in May," but Denver demonstrators — part of a nationwide coalition which had demanded he sign by Monday - were unimpressed. In speeches outside the federal courthouse at noon Tuesday, they declared they wanted to see immediate action by HEW, followed by an aggressive program to carry out various facets of the four-year-old law. At issue is Section 504 of the Federal Rehabilitation Act of 1973, which had never been put into effect. Handicapped groups have fought with HEW secretaries under Presidents Nixon, Ford and now Carter to force them to sign regulations which would implement the act. A federal judge ordered last year that such regulations be signed, but the matter still went unresolved. The law when it takes effect, will guarantee many of the same rights to handicapped Americans which were extended to racial minorities and to women under prior legislation of the last two decades. Its provisions are expected to force public school districts to open many more of their classrooms to wheelchair-bound students, to force employers to grant equal pay to handicapped employees and to provide more stringent civil rights guarantees to those in nursing homes and institutions. The protests brought assurances from several elected officials that they were trying to persuade President Carter to speed up action on the matter. Messages to this effect came from Gov.Lamm and U.S. Sen. Floyd Haskell, D-Colo. In addition, a Washington aide to Rep. Pat Schroeder, D-Colo., told the News late Tuesday that she was drafting a telegram asking that Carter order Califano to act. Other protests took place at HEW regional offices in Boston, New York, Philadelphia, Atlanta, Chicago, Dallas, Seattle and San Francisco. Among the leaders of the Denver gathering were Ingo Antonisch, executive director of the Mayor's Commission on the Disabled, and Don Galloway, the new executive director of the Governor's Advisory Council on the Handicapped. Even Antonisch, an Austrian-born man with a stiff German accent and a generally conservative approach, was drawn into the militancy of the event. After acting HEW regional director Ed Lapidas read Califano's "early in May" statement, Antonisch stepped to the microphone and said, "Thank you very much," which inspired a woman in the crowd to yell, "We don't thank him very much, Ingo!" Antonisch got in the spirit by declaring, "I would like to say we hear the message but we want to see the action." Galloway, a black man who has been blind since he was 16, stirred up the crowd with a brief speech reminiscent of earlier civil rights campaigns. Taking his cues, they responded with lusty cries of “Right on" Even many who had difficulty speaking loudly and clearly joined in as best they could. At one point, Lyle Peterson, master of ceremonies at the noon rally, tried to lead the crowd in a chorus of "We Shall Overcome," traditional anthem of the black civil rights movement. The song proceeded weakly for a few seconds, but died when one protestor interrupted, shouting: "We want our rights!" Immediately, the crowd picked up his line and began to chant "We want our rights!" with an enthusiasm that had been lacking in the aborted attempt to sing. BOXED TEXT: We hear the message but we want to see the action. -- Ingo Antonisch
ADAPT (45)
Rocky Mountain News Mon., March 22, 1976, Denver, Colo. Banner Headline for story. PHOTO on left of headline: Head and shoulders shot of a young man (Michael Smith) with dark hair, pulled back in ponytail, dark beard and moustache. His head is tilted slightly to one side and he is smiling a bit. Caption reads: Michael Smith. He had a dream; He prayed that He would walk again someday. But someday never came. [Headline] Late poet a plaintiff in nursing home case Page 5 [Banner headline in ADAPT 44. Story starts here in ADAPT 45 and continues in ADAPT 46, but the entire text is included here for ease of reading.] Late poet was plaintiff in nursing home lawsuit By Jonathan Dedmon, News Staff Michael Smith was a poet. A victim of muscular dystrophy, Michael wasn't able to hold a pen, however. Weighing less than 100 pounds, one of the few physical tasks he was able to perform was to turn the pages of the many books he read. He would keep stanzas of poetry stored in his head and wait for friends or staff at the Heritage House Nursing Home in Lakewood where he lived to have free time so he could dictate his verse. A former aide remembers when she would be busy caring for patients and Mike would say, "Got to write." "We'd say, ‘Sorry, Mike‘ Don‘t have time.‘ A lot of his poetry was lost." In addition to being a poet, Mike also was an idealist. Because of what friends say was that idealism, in spite of the fact Mike died in October at the age of 21, he lives on not only in a published book of his poems but also in a giant legal battle in U.S. District Court. THE BATTLE COULD have a large impact on the care of handicapped patients in nursing homes throughout the country since it attacks the entire method of delivering health care. The suit, in which Mike was an original plaintiff, charges nursing home patients routinely are being denied their rights and even fundamental medical care, contrary to the wishes of Congress in its Medicaid law. U.S. Judge Richard Matsch currently is considering how much jurisdiction the federal court has in the case. But already a number of patients and nursing home employees have come forward with a series of affidavits which are a litany of patient abuse. The charges are leveled primarily against the former Heritage House Nursing Center in Lakewood, which since has been sold and is operating under new management and a new name. The suit’s allegations range from patients not having the colostomy bags changed to failure of the staff to provide any rehabilitation efforts. THE NURSING HOME attorney and a part owner deny the charges which are contained in a half dozen affidavits filed with the court. Pam Malpass worked as an aide from August 1974 to February of last year. Here are parts of her affidavit: “People were punished sometimes by having their wheelchairs turned off, cut their mobility (sic). Wheelchairs at Heritage House were constantly in disrepair and falling apart leading to weekly crises. Paul Brae, a Heritage House resident, fell out of his chair because it was falling apart and crawled under his bed and said he was (sic) [not] going to come out until he got a new wheelchair [cut off] we procured for him with some difficulty. Bowel programs for a number of residents weren't maintained properly resulting in infections. Colostomies and catheters weren't cleaned properly or regularly also resulting in infections for a number of patients. I also often observed that colostomy bags and catheters improperly were connected to the people that needed them with the result that they leaked and backed up." Michael Ray, an orderly from May 1974 to January of last year, said in his affidavit that on at least a dozen occasions, he made marks with a felt-tipped pen on patients’ dressings on open bed sores to make sure they were being changed twice a day as they should have been. “Each time when I looked, a day later, sometimes longer, the dressings I had put on with the markings were still there. The unclean sores lead to more serious complications and infections. During the six months I was working at Heritage House I never saw a doctor." FAILURE TO MAINTAIN a bowel program can lead to bowel poisoning and even to surgery. Mark Biles was impacted for three weeks while I was there necessitating an elaborate program of oral laxatives, suppositories and enemas to give him relief. The owners and the administrators always met suggestions or requests from the staff on behalf of patients residing there with the remark that they cost too much or if you don't like it why don't you get the hell out. “The only time that Heritage House was concemed about the cleanliness of the home was when the state inspection team announced it would appear.” ACCORDING TO JOHN Holland, who heads a team of Legal Aid attorneys working on the case, “We're saying that when Congress established Medicaid, it intended to create a real system of delivering high quality medical care to poor people, not a system that couldn't deliver for a significant number. The benefits aren't getting there.” A particular target is the U.S. Department of Health, Education and Welfare (HEW), which is charged with making sure nursing homes comply with federal standards to insure high quality health care. Legal Aid, which is reluctant to say too much about the case because it is pending, feels HEW merely established a “paper compliance" system whereas Congress wanted a compliance system to “see benefits and rights delivered and prevent the kinds of injuries and deprivations of rights alleged in the suit." THE SUIT NAMES every rung in the bureaucracy which participates in the provision of nursing home care, ranging from the owners of Heritage House to the state Department of Social Services and HEW. In addition to asking for monetary damages, the suit also seeks an injunction prohibiting deprivation of medical care and patient rights. The rights include proper medical and psychosocial treatment and care, the right to seek legal counsel and manage personal monies, the right to voice grievances and the right to adequate notice and opportunity for a hearing prior to transfer, among others. It also asks HEW to come up with a decent system of enforcing compliance with such federal laws. Because of the complex nature of the suit, it already has become a “paper nightmare," according to Holland, and a “paper war,“ according to Heritage House attomey Bob Eberhardt. THE PLEADINGS STAND some two feet high and the court hasn't decided jurisdiction yet. Perhaps one of the most damning affidavits filed so far is by Janice Jacobson, a former administrator of Heritage House. “Heritage House was filthy, cockroaches had infested the entire home (with the exception of the kitchen). The walls wene very dirty and an odor of urine permeated the air. “Flies were everywhere. They present a particular problem to those persons who are bedfast or paralyzed because they can't swat the flies from their faces or bodies. “Temperature controls were broken. Zone control valves which control the room temperature were corroded either open or shut so that the rooms were unbearably hot or cold. “INDIVIDUAL CARE PLANS are either totally inadequate or not existent." “Patients who had to be fed were degraded by impatient orderlies who constantly hurried them along faster than they could comfortably go on the pretext of there not being enough time to feed them." “Staff would get angry with people for having something wrong with them like uncontrolled bowels." “Lots of patients would never get dressed every day. The staff didn’t like to take the time to dress them. By keeping patients undressed a general institutional goal of keeping them in bed and more inactive was more readily achieved. “It was not uncommon for people who did get dressed to not be undressed but rather to sleep in their clothes. l received complaints from one family that one of the male patients there had the same clothes on for weeks. They knew because the same spot was on his shirt for three weeks." “Visitors and relatives often complained that their relatives or friends hadn't received baths or showers for weeks." “It was reported to me by nursing staff the director of nursing believed physical correction of resident misconduct was permissible and that she employed a technique of having persons she decided were misbehaving placed in cold showers." “The call button system at Heritage House often wasn't working and when it was, working staff very often didn't respond to calls. There was one incident while I was there where family members called in and said they heard their mother was dead. The nurse had to go down to the room to see if this was so. The woman had been dead for several hours." Mrs. Jacobson says, in her view, Heritage House was “warehousing people, not delivering health care." "Residents had no more rights than children and the official view was that the staff knew what was best for them and if the patients didn't think we were doing everything right or what they needed they could just leave." Management expressed this view often. “PATIENTS WERE KEPT tractable and quiescent by intimidation and medication. Encouraging people to be as normal as they can be is the essence of good nursing care. It was not done at Heritage House.“ In response, Heritage House attorney Eberhardt said the accusations are “totally untrue and completely without foundation. You can't cross-examine affidavits. The truth will come out in the trial. “ He also points to the affidavit of Allen Buckingham, regional director of the HEW office of Long Term Care Standards Enforcement. Buckingham stated his office never received any complaints concerning the allegations. Oscar Gross, former part owner and also a defendant, said he never would have been able to keep his license if the allegations were true. In addition, he said his home was the only home to provide a wing specifically for handicapped youths and he even received two awards from the wing. “We tried to do our best," he said. He also offered to take the News to the home to interview patients about conditions. He said his wife still visits patients. Gross sold the home in February and it now is under new management. Gross said he sold the home simply as “a business transaction.“ Before Michael Smith died last year, he testified at one hearing on the case. “He already felt he had won," recalled Mrs. Malpass.