Disability Rights Washington Blog

(I was asked to remove the photo by DRW)

I am finding that comments posted to certain Blogs are not accepted or moderated in a reasonable time period.  I am therefore posting the links to the blogs and the comments on this page so that our communities may be informed.

This comment is in response to a posting  in the Disability Rights Washington Blog site Disability Rights Galaxy, regarding HR 2032, the Barney Frank bill which allows residents and their families/guardians to be notified of class action lawsuit in which they may be involved in and therefore gives them the choice to “opt out”.

As the law is currently written, there is no requirement to notify the family/guardian of a class action lawsuit.  Most would not find out about a lawsuit that they may have wanted to “opt out of” until the decision was already made.

This bill will ensure true choice to the family and guardian.  It is not taking away any tool from disability advocates but ensuring that the U.S. Supreme Court Decision Olmstead is followed – meaning that information and choice are provided to the individual and their caregivers and they are the ones who make the choice – not “advocates” who don’t even know the person.

Most of these class action lawsuits that are filed are aimed at “consolidation” and closing of institutions.  When the residents and their guardians are not even informed of a decision that would affect their life, health and safety, or given the opportunity to “opt out” or make a choice, that is what we, as disability advocates, should be fighting.

It is for this reason that I support this bill.  It offers choice and upholds the Olmstead decision.

One comment on “Disability Rights Washington Blog

  1. My comment above was denied publication by the moderator of the Disability Rights Washington Blog. He wrote in a letter to me that the comments I had regarding ” “opting out” and “notification” of a class action is simply inaccurate. As I said in a comment to that post, visitors to our blog our entitled to their own opinions but they are entitled to their own facts. Sorry.”

    Posted August 18, 2011 at 11:21 am | Permalink

    We have received one or more comments regarding this post that we have decided not to approve because inaccurate information was included. As the appearance of the first comment above demonstrates, we are willing to post opinions that vary with our own. However, we are not willing to include comments that contain inaccurate information. With someone’s first instance or two of inaccurate postings, we will let them know why their comment has been blocked However, individuals who repeatedly include information in their comments that we know to be inaccurate will be permanently blocked from commenting on this blog.

    I will be following up with a letter to Disability Rights Washington with information from The U.S. Government Accounablity Office which backs up the facts how I presented them.

    From the Highlights of this report:

    “P&A’s in the three states told GAO they did not communicate with every person potentially affected by the six lawsuits before a proposed settlement agreement, although they did communicate with organizations representing some parents and guardians during that time. However, even if P&As had made such notification, under the applicable federal rule of civil procedure, an individual has no explicit right to opt out of the class in this type of case.”

    I think this statement alone clarifies just a bit regarding my issue with “opting out”.

    Click to access d031044high.pdf

    More to come. . . . .


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