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.