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.

Somebody from The Arc, please explain this to me!

I’m very curious as to why a Disability Advocacy Group would oppose this legislation.  Could someone from The Arc please explain the position as to why the agency opposes this?

 

From what I read, this legislation upholds the civil rights and choices of the individual – isn’t that what we want?

 

I’m extremely confused by the opposition to H.R. 2032

 

 

(This notice is from The Arc – I do not endorse this nor do many who fight for the civil rights of our citizens with disabilities)

 

Civil Rights

Bill Name

Number of Sponsors

Position

H.R. 2032 – To protect the interests of each resident of intermediate care facilities for the mentally retarded in class action lawsuits by federally-funded entities involving such residents and in Department of Justice actions that could result in an agreement to move such a resident from that resident’s facility. 31 (15 R, 16 D) We OPPOSE this legislation

 

 

http://www.capwiz.com/thearc/issues/bills/