Incitement
Incitement
Incitement

Volume 18 No. 1

A Publication of ADAPT

Spring 2002

[Headline] Segregation and the Medical Model Thrive in the Independent Living Movement's Cradle

Unnecessary institutionalization is alive and well--thriving, in fact-- in the heart of San Francisco! Ironically, while the rest of the country is attempting to implement the Supreme Court's Olmstead decision, California/ San Francisco--the very cradle of the independent living movement--is rebuilding a 1200 bed nursing facility that many in the disability rights community believe violates the spirit, if not the letter, of the Supreme Court decision.

Laguna Honda rises up from a steep, steep hillside off a highway, a collection of 13 wings each five stories high. The rebuilding of this nursing home was the reason over 500 activists from across the nation gathered in San Francisco in October. Outrage over this contemptuous act was so high folks came despite it being just about a month after September 11th.

[Subheading] Tear Down the Walls

Sunday, activists traveled by subway for a rally in a small park across the street from the massive nursing home. 500 folks came despite chilly, rainy weather to share their dismay that such a travesty is to take place. People wanted San Franciscans and the world to know the disability community's view of this. Speakers

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[image caption] After the rally, protesters left stars of David, crescents and crosses at the foot of the statue of Florence Nightingale, in remembrance of those who have been sacrificed for this facilities existence, and other institutions and nursing homes across America. Photo by Terry Schmitt

[text continues]

[boxed text] ADAPT/Incitement
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Incitement is produced from the offices of Topeka Independent Living Resource Center (TILRC). Articles, letters, compositions, displays and photos are encouraged. Please contact Tessa Goupil for deadlines for submission of materials. The Editor reserves the right to edit or omit any material that is submitted. For more information, contact Tessa Goupil at TILRC or Stephanie Thomas at ADAPT.

Topeka Independent Living Resource Center, Inc.
501 SW Jackson St., Suite 100
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[text resumes] ers included representatives of many disability organizations from across the state and the nation, and in addition a few brave souls who were waiting to leave Laguna Honda. "I've been trying to get out for six years" said Jessie "that's way too long to wait for your freedom!"

At the end of the rally, the participants lined up and marched across the street, through the heavy metal gates of the nursing home grounds and up the alp-like slopes of the drive that circles the Laguna Honda facility. We were more than four city blocks long. The administration had not wanted anyone on their grounds, but we felt that those who had traveled so far, and those who cared enough to speak out, should get an up-close look at the nursing home, which is larger than many small towns! The march was not easy, in part because of the steep terrain, in part because of the heaviness of the issue at hand. All along the route, the institutional police force (their real title) stared after us, and the assistant administrator Mr. Christmas hovered around the front, apparently trying to pretend this was some kind of tour.

As marchers looked up at the windows above they saw faces of those who must live inside the 30 bed wards looking down, some waiving, some looking amazed at the numbers who had come in their support. Staff too looked down, but most looked threatened and surprised anyone would have a problem with such a set up. As we rounded the far side of the facility, few eyes were dry. Ahead was a bus coming to pick up and drop off staff On it's side was an ad: a young boy looking out, angry and afraid; below was the caption "abuse

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[image caption] The group marched around the whole huge building before gathering in front for the end of the tally. The institutional police had large buses at the ready to take protesters to some other institutional facility. Photo by Terry Schmitt Spring 2002

[text resumes] "Governor Gray's refusal to negotiate speaks volumes about his attitudes about the rights of people with disabilities," said Daniese McMullin Powell, Delaware ADAPT Organizer "We were willing to compromise. The fact that he wouldn't even authorize the Director of Human Services, or the State Medicaid Director to act on his behalf is further evidence of his unwillingness to even consider measures to keep California from forcing its citizens into institutional settings."

ADAPT demanded that Gov. Davis stop providing funds for the state match portion of Medi-Cal (California's version of Medicaid) for people now in Laguna Honda, or at risk for admission. In addition, ADAPT wanted the Governor to assure creation of a system where Medi-Cal funds follow and support the person rather than being attached to a specific institutional. setting. By choosing to put between $400-$600 million into rebuilding Laguna Honda, the city and state are locking up millions of additional dollars in Medicaid funds that could be used more cost effectively to support people in the community. Tying these funds to Laguna Honda also forces older and disabled people to live there rather than staying in their own homes and receiving their long term care services there.

"We were willing to put ourselves in harm's way because we are the lucky ones-we've all managed to escape places like Laguna Honda," said Nadina Laspina, ADAPT Organizer from New York City. "I live and work in the shadow of the World Trade Center, and I came here to San Francisco because as a New Yorker, I witnessed an unspeakable horror that left me feeling violated and powerless. As a person with a disability, I want to put an end to another horror that makes me feel violated the honor of Laguna Honda and of all nursing homes. For those of us who have managed to survive and escape them, the threat of a nursing home is truly as frightening as the threat of terrorism. There is a better way."

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[image caption]
In the end however, the Governor refused to back down and 115 people were arrested.

[Subheading] Brown Stays Solidly Behind Segregation

Wednesday was the day of the meeting with Mayor Willie Brown. However, within moments it was clear that the Mayor had no intention of even listening to the concerns of people with disabilities. As Organizer Linda Anthony put it "He came in planning not to listen to anything". He did not care that the Supreme Court had ruled unnecessary institutionalization was discrimination. He did not want to know about disabled people's civil rights. He even refused to consider that the wording of the bond issue does not require rebuilding the institution, only the funding for services for those inside. Mayor Brown refused to even talk about community alternatives to rebuilding city owned Laguna Honda Hospital. He just wanted to talk about accessibility for people with disabilities and high salaries for his institutional workers. He did not even care his city paid half the institutional salary to community care workers and good access is irrelevant if you are stuck in a nursing home.

San Francisco, the cradle of the independent living movement, had

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[image caption] Blocking McAllister. Photo courtesy of Memphis CIL.

[text resumes] made a deal with the devil: high level accessibility in certain areas and high paying jobs for a few people in exchange for the lives of thousands of San Franciscan who were unlucky enough to become disabled and poor.

"Mayor Brown's arrogant manner and disregard for us said loud and clear that he had no intention of seriously dis-cussing the issues, or considering people's civil rights" said Steve Verriden ADAPT Organizer from Wisconsin. "As a person with a disability himself, we had hoped he would be more knowledgeable about community alternatives to warehousing people with disabilities and seniors, but he made it clear that his only worry is for his own future political contributions, not for the futures of the over loon people locked up in Laguna Honda."

Calling a press conference after-ward, those at the meeting declared, "segregation and discrimination are alive and well, thriving in fact, here in San Francisco."

[Subheading] And ADAPT Goes to the Feds

But ADAPT had one more call to make, over the heads of city and state officials, forcing a meeting with the highest ranking regional representative of the Department of Health and Hinman services to discuss discontinuing Medicaid reimbursement for the facility's illegal 30 bed wards.

Taking the issue to the third player, 500 ADAPT activists marched over and blockaded the United Nations Plaza Federal Building until a meeting was arranged with Josh Valdez, the HITS Secretary's Regional Representative for Region IX, and Steven Derring, the Region IX Deputy Director for the Centers for Medicare and Medicaid Services. Valdez and Derring not only agreed to meet and discuss ADAPT's Civil Rights complaints against Laguna Honda, but to set another meeting and continue the dialog.

Earlier this fall ADAPT filed the complaints with the FIHS Office of Civil Rights based on the spending of state and federal Medicaid funds on forced institutionalization of persons with disabilities in an outrageously out of compliance structure, violating both the ADA and the U.S. Supreme Court Olmstead decision.

The meeting with Valdez and Derring ended a week of ADAPT protests aimed at calling public attention to the rebuilding of Laguna. Honda so funds can be redirected to community services for older and disabled San Franciscans. While traffic around the Civic Center may get back to normal with ADAPT's departure, ADAPT committed to support the California disability community by continuing the fight for community services at the federal level. Federal strategies include pursuing the Civil Rights complaints and demanding that administration officials enforce President Bush's Executive Order. The order mandates that people locked away in places like Laguna Honda must be given a choice in where they receive their long term care services by immediately implementing the "Olmstead" decision, which prohibits discrimination by unnecessary institutionalization.

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[image caption] Surrounding the Federal Building. Photo courtesy of Memphis CIL.

[Subheading] Aftermath

As if ashamed to carry through with at least this aspect of their treatment of people with disabilities, all charges were dropped against the 115 arrested on Tuesday.

Governor Gray Davis, under his "Aging with Dignity" initiative, announced on December 12th that the California Department of Health Services had secured $27.5 million in additional funding for county, city and special districts that operate nursing homes. This federal funding is in addition to Medi-Cal reimbursements currently received by these government entities and will be provided on an annual basis. The Governor found no new funds to implement Olmstead. With friends like those, who needs enemies?

Meanwhile the disability community has not been idle.

On December 18, 2001, the San Francisco based District Court Judge Saundra Brown Armstrong ruled that a civil rights lawsuit, filed by 10 Laguna Honda residents can move forward. Al-though Armstrong ruled some of the claims made by the original plaintiffs must be removed from the suit, she agreed that the case against the city, county and state will move forward, despite the defendants' multiple pleas to dismiss the case. The residents, represented by DREDF among others, are claiming violations of the ADA, the Nursing Home Reform Act, and Section 504 of the Rehabilitation Act of 1973, by not providing community-based services for those who want to live in their own homes instead of nursing homes and other institutions. The lawsuit cites the 1999 U.S. Supreme Court Olmstead decision, which ruled that "unnecessarily" institutionalizing people with disabilities is a form of discrimination.

And in February another suit was filed by Protection and Advocacy, to get residents of developmental centers, institutions for people with developmental dis-abilities, better options for community services and help in getting out and saying out of these institutions. State officials concede it costs more than twice as much to keep someone in the state hospitals as it does in the community, yet the Governor and legislature have done little to nothing to really address the problem.

The Coalition of Californians for Olmstead held an action January 16th, 2002 at Governor Davis' offices in Sacramento, San Diego and San Francisco. Over 60 people participated in person, more via mail and telephone, to tell the Governor to follow the Olmstead decision and make community living options a reality and not rhetoric. They also shared their thoughts and feelings about the lack of community resources that result in "default" nursing home and other institutional placements:

"People with disabilities want to live in apartments and homes. It's not right to warehouse them in nursing homes."

"I'm someone who uses attendants. There is something wrong though when you think about the fact that my attendants are paid little more than minimum wage. Without them I would be in nursing home."

"I used to live in a nursing home, and I know that there are a lot of people who would like to be here today, but they are too scared and they don't know how to get out."

Those individuals fear of retaliation seems very real after our ADAPT action in San Francisco. ADAPT went to raise a loud cry against the outrageous acts of this allegedly progressive city and state, but it will take ongoing and hard hitting efforts to get the attention of the jack asses in charge here! In the meantime, if you do go to visit, don't get sick and don't stay very long; things have changed in the one- time Mecca for people with disabilities.

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