People with disabilities have won an important victory in the Federal District Court, Eastern District of New York, but it may be in danger.
- Take action! Email governor Paterson on this issue: Email the Governor using link http://161.11.121.121/govemail
Tell him not to appeal the decision in Disability Advocates v. Paterson so that people with disabilities can reside in the community and not institutions. - Benefits people with physical and mental disabilities who need support services to reside in the community.
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What is the 1999 Olmstead Decision?The Court ordered New York to provide integrated housing and services to 4,300 people with mental illness who are unnecessarily segregated in large institutions known as “adult homes.” The case is about New York’s failure to comply with the Supreme Court’s 1999 Olmstead decision. People with physical and mental disabilities who need support services to reside in the community and not in nursing homes or institutions will benefit greatly if the decision in Disability Advocates v. Paterson is embraced and implemented by New York. Nationally, the case is a model for effective Olmstead implementation and enforcement.
New York is very likely to appeal this important decision. Contact Governor David Paterson and tell him the state should not appeal the decision in Disability Advocates v. Paterson but embrace and adopt it.
Background - In 2003 Disability Advocates Inc. (DAI), a New York protection and advocacy organization, sued to enforce the rights of thousands of people with mental illness residing in New York City adult homes to be free from discrimination. Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (RA) prohibit discrimination in the form of unnecessary segregation of persons with disabilities. Those federal laws, and the Supreme Court case Olmstead v. L.C., require that government provide services to individuals with disabilities in the most integrated setting appropriate to their needs.
New York State has planned and administered its mental health system in a way that segregates people with mental illness in institutional adult homes in violation of federal law. Although New York has a nationally recognized supported housing program which successfully serves people just like the adult home residents with flexible supports at less expense, the State has administered its mental health system in a way that systematically excludes adult home residents from supported housing and relegates them indefinitely to segregated adult homes. The lawsuit sought an order requiring the State to do what is necessary to enable the adult home residents to receive mental health services in integrated supported housing.
DAI recently prevailed at the five-week trial before the Honorable Nicholas G. Garaufis, U.S. District Judge for the Eastern District of New York. In a 210 page decision, Judge Garaufis found that New York’s Office of Mental Health, the Department of Health, and Governor have discriminated in violation of the ADA and the RA, and that 4,300 people residing in adult homes in New York City are not receiving services in the most integrated settings appropriate to their needs. He found that the adult homes are institutions that segregate residents from the community and impede residents’ interactions with people who do not have disabilities. He found that the residents are qualified to receive, and are not opposed to receiving, services in the State’s supported housing program, a far more integrated setting in which individuals with mental illness live in apartments scattered throughout the community and receive flexible supports as needed. Finally, the Court found that the relief sought would not fundamentally alter New York’s mental health service system because, among other things, serving the residents in the State’s supported housing program rather than adult homes would not cost New York more than it is now spending.
The parties have submitted proposed remedial plans and Judge Garaufis is expected to order final injunctive relief at any time. This will trigger the State’s right to appeal. An appeal will mean years of delay for people who, in many cases, have already been unnecessarily institutionalized for decades.
Email the Governor using link http://161.11.121.121/govemail or write to:
Hon. David A. Paterson
State Capitol
Albany, NY 12224
Tell him not to appeal the decision in Disability Advocates v. Paterson so that people with disabilities can reside in the community and not institutions.
Please feel free to contact me for more information.
James Weisman
SVP & General Counsel
United Spinal Association
718-803-3782 Ext 7208
917-538-4337
jweisman@unitedspinal.org
He’s also trying to steal the funds from the SCI Research Bill: Metroland, Albany, N.Y.
1-28-10
Insult to Injury
Victims and researchers worry New York state budget crunch will derail progress on spinal cord injuries
Last week, victims and researchers of spinal cord injuries in New York state faced the prospect that more than 10 years of discoveries toward a cure may have been futile. According to Gov. David Paterson’s budget proposal, the Spinal Cord Injury Research Fund is being “phased out,” along with many other public heath programs, in an attempt to reclaim $14.5 million.
The fund was created in 1998 with the advocacy of Albany resident and former State Trooper Paul Richter, who was shot in the leg, arm, and neck while on duty in 1973. The near-fatal shot to the neck—though leaving him paralyzed for six months—motivated Richter to fight for a cure.
Although his injury forced him to retire at the age of 36, Richter still believes he is lucky to have regained the ability to walk with a cane. As chapter coordinator of the New York Spinal Cord Society, he became active helping others with spinal cord injuries, eventually organizing a grassroots campaign to get legislation passed in New York that specifically funds a Spinal Cord Injury Research Board. Funding is administered through the New York State Health Department and provided by a small surcharge on moving violations, since the majority of SCIs are caused by motor vehicle accidents. This can add up to about $8.5 million annually.
“These injuries are just so devastating,” said Richter, who proudly displays a photograph of himself and late actor and activist Christopher Reeve watching Gov. George Pataki as he signs the Paul Richter bill into law on July 14, 1998. “And this bill was a wonderful thing.”
New York’s SCIRB was the first of its kind in the country. After its creation, other states followed suit. The extensive research funded by this program is intended to benefit patients of various nervous system disorders.
“We sparked a very intensive and focused research effort on the problem of damaged spinal neurons,” said legal consultant and friend of Richter’s, Terry O’Neill. “And everything that we learned from focusing on that single problem has all kinds of implications for brain injury, multiple sclerosis, all kinds of diseases and injuries to the nervous system.”
Since it has been introduced into law, the fund has given over $54 million to various research programs in the state, and many discoveries have been made “that will eventually lead to a cure,” said Richter. “After so many years, it’s really obscene that they’re even considering terminating this program,” he said. “It’s disgraceful.”
The SCIRB currently has 49 ongoing projects that it hopes to be able to complete. “To terminate it now would be so awful,” said Dr. Sally Temple, scientific director of the New York Neural Stem Cell Institute in Rensselaer. “There are so many of us with promising lines of research that would just be left without completion.” Temple works for an independent non-profit institute focused on nervous system therapies using stem cells. They have been funded for about eight years and have had “really exciting results,” according to Temple, including approving a drug for multiple sclerosis, as a result of studying stem cells in the spinal cord. Temple was awarded the MacArthur “genius” award in 2008 for her work with stem cells, showing great potential for future discoveries.
Upon receiving the notice of termination from the New York State Health Commission, Richter and his supporters are ready to fight for their cause.
“We are launching an effort to get together all the people that helped us put this program together in the first place,” said O’Neill. “Our intent was a long-term investment in something that was going to pay off handsomely in terms of helping people with injuries and developing this cutting-edge high-tech industry here in New York.”
Those who hope for the continuation of this program claim that it should not significantly affect the budget, since it is generated by the surcharges on traffic fines. Furthermore, the community believes that this program would benefit the economy with the creation of jobs for researchers and scientists, as well as reducing the cost of assisting those with spinal cord injuries.
“There are thousands of people living in the state with spinal cord injuries, and the cost to society to maintain those people through social-service medical help is enormous,” said Richter. “So if we could solve that problem, it would actually save taxpayers money in the long run.”
There are cuts made in every other sector of the budget. “There are a lot of worthy programs,” said Jessica Bassett, spokesperson for the budget division. “But the unfortunate reality of closing a $7.4 billion deficit is that we’re not able to fund these programs.” Bassett said the amount that was appropriated for the spinal cord injury fund will return to the general fund this year.
Richter and his supporters plan to voice their opinion in a public hearing in front of the finance committee.
“This termination could really set back spinal cord injury research significantly, said Richter. “In the last 10 years, we’ve created a wonderful foundation we hope to build on for future research.”
Temple, who recognizes Richter as “a great hero,” hopes to continue in this effort for the sake of everyone belonging to the spinal-cord-injury community.
“We’re all just devastated,” she said.
—Elizabeth Knapp
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dear friend, i am asking for your help in stopping the “phasing out” of the scirb program. please write a short letter ,just a few lines,(or if you prefer, email)to the following legislators asking that they NOT SUPPORT governor paterson’s budget proposal to terminate the spinal cord injury research program (SCIRB).
Senator Carl Kruger
Chairman
NYS Senate Finance Committee
913 Legislative Office Building
Albany, New York 12247
kruger@senate.state.ny.us
Assemblyman Herman D. Farrell, jr.
Chairman
NYS Assembly Ways and Means Committee
923 Legislative Office Building
Albany, NY 12248
FarrelH@assembly.state.ny.us
if this program is stopped it will never start up again. i would even accept a compromise of reduction in program size, until the economy rebounds.
with you help we can be successful .!!!!!!!!!!!!!!!!!!!!!!!!
thanks so much . keep well.
paul richter.
PS——FEEL FREE TO FRWD TO OTHER FRIENDS THAT WILL HELP.
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