Friends of Dare to Dream Meeting This Saturday 2PM

Friends of Dare to Dream Meeting

Saturday December 12^th @ 2PM

1815 Blake St. Berkeley, CA 94704 (Between MLK and Grant)

Bus 15 or bus 9 will get you 2-3 blocks away

Possible agenda could include:

· Name change

· Mission statement

· Board election date

· Schedule next meeting

Please refrain from wearing scented products and please let Nick Feldman (daretodream94704@yahoo.com) know ahead of time if you are coming. You can also call at 415-407-9297 (cell phone, call between 9am and 9pm).

Homecare Article

When the recession hit, my business was put through unbelievable turmoil here in California. Everyone started to file unemployment who had ever worked for me, and many laborious hours were put into filling out claims to EDD and other authorities. People started to apply for low income everything, from transportation, to welfare, to housing.
My insurance rates skyrocketed. My clients went from 28 to 8 and not to mention our contracts in California all got reduced by 3%. My profit margins went down by about 10%, but the most tragic part is that besides not getting new clients, the work ethic of everyone except for my very dedicated office staff, crumbled right before my eyes. People stopped showing up for work, people got sick and couldn’t show any medical documentation(probably because they didn’t have any medical insurance), then there are the people who apply to work for you, they promise you the moon, you hire them, and they give a big nothing.
After hearing the news of Friday that the unemployment rate for the country was 10.2%, this did not surprise me, but because I run a home health-care agency, I found it very coincidental that they were interviewing at an unemployment who happened to be a home health-care worker, and they said that this field was a “growing field”, but of course with CNN there are always questions as to the legitimacy of what they cover, and how they cover it. If this woman at the unemployment office, was only working four days a week as a homecare worker, then why didn’t she take on my shifts, and why was she was at the unemployment office when she already had a job. If she was such a good homecare worker, then why didn’t she pick up more hours with her agency, or go and find someone in need of homecare.
It can be said that I am just a disconnected person who owns a company, no but I choose to disagree. Not only am I the owner and director of a business, having dealt with homecare workers every single day of my life due to my cerebral palsy. I work with my business probably over 80 hours a week. I have to pay rent, bills, buy into my long term care and my health insurance, which I get through the state. Sometimes I feel like workers in the state of California have simply given up hope. They don’t want to work, or if they just want to work, they just want to work on their own terms and on their own schedule, and if they need to work, maybe the Governor will just pick up their tab. But the catch-22 is when they get their paychecks, they are stunned to see how much is taken out.
The trickledown effect of the almighty dollar can only be overpowered by one thing, the power of the people, because ultimately that is who it affects. In my business, when people don’t show up for work, people really do suffer. People who are children, and elderly, and people with mental disabilities, have to go without care. It would be nice to see the work ethic come back, to find people who do their job not just for the low wage, but because they truly care about the person. I never hear my staff ask when they call out of a job “What’s going to happen to Oliver, will he have to go without, will there be someone who can replace me?”
Besides the issue of the work ethic coming back in California, the other more critical issue is non-medical emergency response homecare services. This means that when someone has a non-medical emergency or their care providers cannot show up, that there is an on-demand service that people can call in their area that will respond, and take care of their needs. Let’s see California put some money into that.

RIP Mary Travers (of Peter, Paul and Mary)

I turned on the news tonight to see Charles Gibson doing a special segment on Peter, Paul and Mary. At the end of the broadcast he stated that Mary had passed away. I thought to myself, and I realized that the first time I heard Peter, Paul and Mary was at my first camp in New Jersey called Camp Oakhurst, a camp for people with special needs. I remember being 7 years old and not having a care in the world, listening to a counselor singing "Leaving on a Jet Plane." I was hearing these songs again years later at Skylake Ranch Camp when I was 9 and 10, and again when I was a teenager. These lyrics began to have an impact on me, and the struggles of going through life with a disability, and the reality of people dying too young, hard decisions having to be made by young people, and the ever so glowing aspect of love, portrayed in so many of their songs. As an adult, and having just listened to a few of their songs, I see an even deeper meaning now. A more somber meaning of how the world exists, and goes through it's many cycles. I remember the feeling of my first crush, and dancing to Peter, Paul and Mary at Skylake Ranch Camp. Back then I had no idea what was to come in my life and in the world. Listening to these songs now at age 34 makes me feel like there's so much that people must contend with, in this country and around the world. I think about the struggle of labor, health care, business, love, and the ability to accept the reality that some childhood memories never will fade away. I think that's what a lot of these songs are about. Mary was one of those people who I would see on TV from time to time, and I would reflect on what Peter, Paul and Mary had seen in their lives, such as the Vietnam war, and it always flashed through my mind that these three singers really gave a damn. I wondered what they thought of the world today, such as 9/11, the struggle of today's people in this country and around the world. The songs will always be with me, and not just in my iPod. It's the spirit and the tunes of the songs that allow me to keep up with advocating for the rights of the underprivileged and to speak truth to power. RIP Mary Travers.

Keep on fighting the IHSS budget cuts!

http://www.santacruzsentinel.com/ci_13253075

LA Wildfires Timelapse

Great video of the smoke from the Los Angeles wildfires...

Steinburg and Leno..Where are the rest?

The big 5 in the California Legislature and Governor had an agreement publicly and the big 5 thought the deal was done. However before the Governor signed the budget he wrote in all these line items which consisted of more cuts to Social Services, Education, Parks, HIV/Aids assistance, etc... Senators Steinburg and Leno have decided to take the governor to court under the auspices that the governor violated his executive power. It will be really hard for Leno and Steinburg to prove that they have/will incur damages due to the governors actions. So its really important that we all file as many complaints as we can. The person to contact about disability cuts is Fred Nisen of Disability Rights California, Providers/Clients, concerned individuals. I think we all need to make a big push.

Hard Times

When they say this is hard times, they are not kidding around. Quite frankly I am afraid for myself and the whole independent living movement. Everything that it used to be, it's not anymore. I am having a lot of trouble accepting the changes. People who live independently and others have given up on independent living, and our leaders don't see that as a necessity but as a privilege, which is a frightening concept. I personally do not feel like there has been any disability rights leader that has made accomplishments without their family being involved, and I mean involved a lot. I guess what I'm trying to say is that every advocate going back to Ed Roberts has had family living very close by. For example Ed Roberts mother, Zona Roberts, was always living behind Ed's house, and was always there when the bottom dropped out, from attendant care, to filling, and those late night documents that have to be typed. I came into this movement at a time when things were good and the bottom was okay. In other words, you could find someone for $11/hr or someone who was willing to volunteer to get by. This has all changed in the world. I have seen so many people either barely surviving independently or just straight out dying from bad health. I am worried about myself and the future of everything. My care alone costs over $100k a year. This does not include rent, groceries, entertainment, etc. I have always been told to look to the leaders, but excuse my language all the leaders are screwed up. For the first time ever I feel like the disability rights movement has taken a tremendous step backwards. I need to establish a piece of mind that I can live my life without the threat of returning home, which has negative implications for myself. I feel like one of the only few people who want to move forward, and that my goals are getting thwarted because of all the systems that are breaking down. As you both know, I am trying to find a new daytime assistant, and also run my business. I have been talking to many people who are truly hopeless; they cannot in our society at this junction in time, get a job or get more education because of all the government cuts on student loans and student grants. I feel like people who lose their jobs are at a horrible risk of losing their unemployment and even those who have kids. I feel like I am in the minority because other people of the younger generation are just too passive. I feel like my business is just barely getting by, and I am just barely making ends meet. With all due respect, I love my immediate family, but I know the reality about care, and about needing other people to help. So many people say I'm demanding and that I do a lot and it takes a toll. This is very hard for me to accept, but I know it. I don't know what to do about it. I feel like I need to do more actually, and help more people but I feel like people can't afford dare to dream, and I can't keep it going without clients who are able to pay in a timely manner. I only have one friend who is online, and my beloved Vanessa. I feel like everything else is going down a really hard road. It is frustrating and seems to be all uphill. I count my lucky stars that I am able to use my power chair and run my business, which means a lot to me.
The most frustrating part of all this is every time I've had a problem since I've been on my own is I've looked to leaders, and I've gotten answers. These leaders have been top disability advocates who are now retired or deceased or politicians who now won't even answer my letters or phone calls. I've always had leaders that have heard and helped me solved my fears, and the reality of it is unless I could be proved otherwise, they are not there anymore. I have always been a very idealistic person who is able to always find a way out of difficult scenarios, but these scenarios are catch-22s. I have always found happiness in helping other people, and I still do like to think I help a few people along the way, but I don't think it's enough anymore. In order for me to help people, I need people to help me, I've always understood that this has been a two-way street, and I don't understand what's happened. Folk music, along with James Taylor and Cat Stevens, have always been a good time for me to listen too, but now I am deeply engaging myself in deep meditation about the real words behind the songs. Like for example "don't criticize what you can't understand" I feel like this needs to be said to so many young people but also the people in power. A few years ago when I sat down with those two benefits counselors I told them I wanted several things, and now I'm wondering how all this is going to be achieved. I wanted to: one, make over 60k a year. Two, own my own vehicle. Three, always live in a place where there are other people who are friendly. Four, maybe run for city council. Five, get married and have kids. I think I told them I wanted to also get the income law around social security lifted. When I look back at all these goals, in today's world, I get kind of nostalgic because I feel like almost all these goals are impossible to reach right now. I used to be so idealistic. I have recently realized the other side of idealism, and quite frankly I don't like any of this. It feels like gloom and doom a lot of times, and I am not saying that they are not great moments, I am just trying to say that I'm really fighting hard and for the first time I'm not seeing the results I want to see. I'm not trying to be arrogant or spoiled, but I see so much complacency, it's scary. I wish people would every now and then stand up to power, and fight for what they believe in. We keep hearing the time is now for action, but I am at a loss as to what to do next on a personal level, on a local level, on a national level, and on a worldwide level.

Peace,

Nick

Budget Talks are about to Wind up

----- Forwarded Message -----From: "Marty Omoto" <martyomoto@rcip.com>To: <CDCANreportlist01@rcip.com>Date: Sat, 18 Jul 2009 00:05:25 -0700Subject: Re: CDCAN REPORT #227-2009: Democratic Leaders Now Say They AreHopeful for Budget Deal By SundayMessage-ID: <list-210470190@americanwebservices.com>
CDCAN REPORTCALIFORNIA DISABILITY COMMUNITY ACTION NETWORKADVOCACY WITHOUT BORDERS: ONE COMMUNITYREPORT #227-2009 JULY 17, 2009 – FRIDAYCalifornia Disability Community Action Network Disability Rights Newsgoes out to over 50,000 people with disabilities, mental health needs,seniors, traumatic brain & other injuries, veterans with disabilities andmental health needs, their families, workers, community organizations,including those in Asian/Pacific Islander, Latino, African Americancommunities, policy makers and others across California. REMEMBERING THELIFE OF JOAN B. LEE, DONALD ROBERTS, BILL YOUNG.To reply to this report write: MARTY OMOTO at martyomoto@rcip.com WEBSITE: www.cdcan.us TWITTER: www.twitter.com - “MartyOmoto”
California Budget CrisisDEMOCRATIC LEGISLATIVE LEADERS HOPEFUL OF BUDGET DEAL BY SUNDAY – “BIGFIVE” MEET FRIDAY EVENINGEducation Funding Remains Big Issue To Resolve - About 150 State Workersand People With Disabilities Protest At Governor’s Brentwood HomeAgainst Spending Cuts and Reductions
SACRAMENTO, CALIF (CDCAN) [Updated 07/17/09 10:50 PM (Pacific Time) - Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento) andAssembly Speaker Karen Bass (Democrat – Los Angeles) said Friday eveningthat they were hopeful that an agreement to close the state’s $26billion budget shortfall will be reached with the Governor and Republicanlegislative leaders by Sunday.
Aaron McLear, the Governor’s spokesman described the meeting as“productive”.
If an agreement is reached on Sunday, it will be sometime next week –possibly Tuesday or Wednesday – before it will come for a final votebefore the full Assembly and State Senate.
The two Democratic legislative leaders spoke following a meeting of the“Big Five” that includes Governor Schwarzenegger and the two Republicanlegislative leaders - Senate Republican Leader Dennis Hollingsworth(Republican – Murrieta) and Assembly Republican Leader Sam Blakeslee(Republican – San Luis Obispo). It was the first meeting of the fiveleaders since budget talks stalled late Wednesday.
Education funding remains the big issue that is holding up an agreement.No details were provided. Democratic leaders two weeks ago withdrewefforts to include in a budget deal any tax increases after the Governorand Republican leaders refused to support it.
Republican Votes Need To Pass Budget Plan If It Is To Take EffectImmediately· Democrats control the 80 member Assembly with 49 seats to theRepublicans 29 (there is 1 seat vacant due to the resignation of CurrenPrice) and 1 independent (Juan Arambula).· Democrats control the 40 member State Senate 25 seats to theRepublicans 15.· But passing legislation to take effect immediately uponapproval by the Governor – or to raise taxes – requires 2/3rds vote inboth houses – or 54 votes in the Assembly and 27 votes in the StateSenate.· That means Democrats – assuming they get every Democrat to votefor the budget plan, would still need at least 5 Assembly Republicanvotes (or the 1 independent vote of Juan Atambula and 4 AssemblyRepublican votes) and 2 Senate Republican votes.
State Employees & People With Disabilities Protest Outside Governor’s LAHomeIn another sign of growing tension and anxiety over the budget crisis andconcern of spending cuts and and other budget reductions, about 150 stateemployees and persons with disabilities protested outside the Governor’sresidence in Brentwood in Los Angeles. Two persons were arrested, citedfor trespassing and then released.
Disability advocate Marta Russell and Lillibeth Navarro, executivedirector of Communities Actively Living Independent and Free (CALIF) aLos Angeles based independent living center were among those protesting.Navarro was reportedly also one of the two persons arrested and cited.
Last week over 100 persons with disabilities, seniors and othersprotested outside the Governor’s office in the State Capitol, withseveral arrested, cited and released for failing to leave the buildingafter it closed.
Disability advocates are deeply concerned about what new or deeperspending cuts will be in any budget deal that emerges soon that impactspeople with disabilities, the blind, seniors, people with mental healthneeds, low income families, community organizations and workers thatprovide supports and services.
PLEASE HELP CDCAN CONTINUE ITS WORK!!!I am back. And I will not go away. And neither will the work of CDCANand the thousands connected to it through their work and advocacy. Butwe need your help. CDCAN Townhall Telemeetings, reports and alerts and other activitiescannot continue without your help.To continue the CDCAN website, the CDCAN News Reports. sent out and readby over 45,000 people and organizations, policy makers and media acrossCalifornia and to continue the CDCAN Townhall Telemeetings which sinceDecember 2003 have connected thousands of people with disabilities,seniors, mental health needs, people with MS and other disorders, peoplewith traumatic brain and other injuries to public policy makers,legislators, and issues.Please send your contribution/donation (make payable to "CDCAN" or"California Disability Community Action Network):
CDCAN1225 8th Street Suite 480 - Sacramento, CA 95814paypal on the CDCAN site is not yet working – will be soon.
MANY, MANY THANKS to SAN FRANCISC BAY AREA AUTISM SOCIETY OF AMERICA,Hope Services in San Jose, FEAT of Sacramento (Families for Early AutismTreatment), RESCoalition, Sacramento Gray Panthers, Easter Seals ofSouthern California, Tri-Counties Regional Center, Westside RegionalCenter, Regional Center of the East Bay, Friends of Children with SpecialNeeds, UCP of Orange County, UCP of Los Angeles and Ventura Counties,Alta California Regional Center, Life Steps, Parents Helping Parents,Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids,Manteca CAPS, Training Toward Self Reliance, UCP, California NAELA,Californians for Disability Rights, Inc (CDR) including CDR chapters,CHANCE Inc, , Strategies To Empower People (STEP), Harbor RegionalCenter, Asian American parents groups, Resources for Independent Livingand many other Independent Living Centers, several regional centers,People First chapters, IHSS workers, other self advocacy and familysupport groups, developmental center families, adoption assistanceprogram families and children, and others across California

New writing I would love feedback

One of “those kind of guys.”
As I sit down to write this, I do so with a bit of apprehension. I am not one who likes to look at my own thoughts, but in its own right, over time, I have heard that the process is healing, and opens up a lot of both emotions and opportunities.
Day to day activities become so routine. My true passion has always been to help people through communication and understanding. Going back to my earliest memories, I was always an advocate, and always will be. The advocacy from my memory started on a beach trip I had with my mother. I was beginning to question at age 5 why I was different from the rest of them. I asked, “Mom, why did I come out early?”
She didn’t have time to respond before I blurted out, “I know, I wanted to see the world earlier than anyone else!” Mom then said, “What did you say?” From that moment on, I realized that my disability would always be a part of my life.
Mom and Dad put me through a lot of intense therapy to get their son to “walk.” Well, walking is one thing, but when it is like moving down St. Helens, it turns into a difficult, time consuming process. This went along with hours of other types of various therapies (physical, occupational, recreational, speech, bio feedback, Feldenkrais, functional electrical stimulation, [not electroshock therapy] etc. ) I also spent Kindergarten through 2nd grade in special education.
Special education in 1979 and 1980 was held in the back of a trailer behind where the “normal” kids went to school. I remember the long folding tables with cassette players and big head phones. I remember listening to ABCs and numbers in Spanish and English over and over again. To get me to use a computer, a round disc pressure switch was placed behind my head and a light board would scan through letters, numbers, etc. and I would have to push the button to make the light light up. In the future, this would lead to word prediction technology. World renowned scientist Steven Hawking has been using this technology since I started in 1980. Not only did I learn this technology very quickly, but the special ed administration was tricky, and decided to have me teach my friend who could not communicate, to use the same method to operate a communication device. My friend and I would always ride home on the bus together as our wheelchairs clanked, because of the number of wheelchairs on the bus, and the sheer weight of all those wheelchairs. The rest of special ed daytime activity included being pulled out of class at least 3 times a day for different forms of therapy. I also spent a lot of time in the time out room. They like to put you in there when you make too much noise, or are too disruptive. All of my wailing and growing pains must have been starting, because I spent more time out room than I care to remember.
Luckily, my parents realized very quickly that I wasn’t learning too much in special ed, and at around that time, my dad got a job transferred back to the east coast, where I spent the next 2 years at a Montessori school where I was the only person with a disability. Then it was back to California again, and I was about ready to enter the 4th grade. Mom and Dad had a rule: don’t ever treat Nicky any different from any other kids. This is when I met my best friend, Curtis Miller. My mom and dad paid for an assistant to go to school with me, because the private school did not legally have to pay for anything. Phil was a gentle, strong, tall, energetic, loving individual who happened to be working as a janitor at the school. At the request of the principal, Phil was introduced to my mother, and we were told to go outside and play. We played cops and robbers. Did I mention that Phil was African American, and this was probably not politically correct, and it probably offended Phil a little? Phil was the greatest. He would play football with me and take me out of the wheelchair and run with me and the ball. We would play capture the flag, and whenever someone would capture his flag or mine, we would both go stumbling on the ground, even in the Baltimore snow, and because Curtis was my best friend, I would always try to tackle him. Phil got down on the ground with me, and joined our imaginary rock club, where we would dig in the ground, looking for imaginary precious rocks. After these 2 years, I really had some knowledge under my belt as far as kids go. I knew the realities of not being able to go over to people’s houses, because they were not accessible. I knew that Curtis’ parents and a few other parents really cared for me. I didn’t realize this until many years later, but when they had me over to spend the night, their parents had to take care of me. I know that because of my cerebral palsy (CP), I was not your typical sleep over.
Junior High and high school were very difficult years for me. They represented my social influx into the world of people who don’t like looking at wheelchairs, more or less having to talk to them. Making friends was always more challenging, because of the intense fear that I had, not around socialization, but the real world “no’s” and the letdowns. I was a late bloomer, and I think I only dated once in high school. I went to someone else’s prom, but not my own. I knew a lot of people, and a lot of people knew me. We were more acquaintances. Then, in 1993, I became Jr. class president, and received the high school volunteer award.
My high school graduation was probably a lot more meaningful to me than my college graduation. I got to speak around my whole 3000 student body about how I had learned so much from peer counseling, and how to talk to other people.
Even back then, I was an advocate. In high school, I remember getting trapped in an elevator after a play. My mom and I had already given numerous warnings that the elevator was going to break, so I did the unthinkable: I got stuck halfway up, between floors, and I had to call the fire department. I was so angry, that I spent the next 3 hours banging my head against the pressure switch, writing a letter to the school paper about the injustice, and embarrassment of the whole experience. My letter was in the paper, and I was on the front page.
Shortly after seeing a documentary about Ed Roberts, and the Rolling Quads, I decided I wanted to get my degree from UC Berkeley and had no idea how my life would change. I hope that this book begins to explain the nuances that go along with growing up, activism, school, and all of life’s other quirks. I dedicate this book to the power of activism, and the rights of all people. Because of my own disability, I relate very well to the disability rights movement, and that is where I focus a majority of my advocacy. I would like to thank my parents for being the ultimate advocates, and for the people whom I have met over the years who taught me about self advocacy, and how to advocate for others.

Thinking

well.. in this life my mind seems to be the only thing that holds me together so I try and work it like a muscle.

ACT4IHSS Update June 14, 2009

I spent the day organizing with Hannah and Joy for the Monday commitee vote on IHSS cuts. We are both getting ready to go down to Sac tomorrow. If needbe Act4Ihss can use my office the week that I am gone. Please Call my office if you need a space to organize. Also, for those that are going to Sac. in the next few days/wks please be advised that your para transit should work in Sacramento. This is what their website says. You might hear from me later on tonight before I leave or you will definately get updates from me tomorrow. Keep the fire burning.

Nick

http://act4ihss.blogspot.com

June 13, 2009

Getting ready for my trip to Sac. Went to a memorial for Scott Leubkin. Got a new pamphlet for IHSS. Getting really excited for the upcoming week.

Mixed Signals

As I end my day there is a sense of confusion. The IHSS vote is scheduled for early Monday on whether to lower the wage for in home supportive services... Demonstrations are planned but disorganized... no room number or location for puplic comments. So much planning to be done. Saturday should be interesting! Keep the fire burning.

New wage to be $10.20 /hr for Alameda Co. July 1st, 2009

[From the Berkeley Disabled Yahoo group]

This statement is supposed to go on every paycheck/timesheet issued to an
Alameda County IHSS provider until July 15. I was in Charles Calavan's
office on June 4 when he put in that request to Rancho Cordova.

Per phone conv this evening, Susannah McDevitt of SEIU-ULTCW (Local 6434)
the union has filed a grievance with the county and will go so far to sue
them for violation of contract which states that the county will use Federal
Stimulus dollars to replace what the State taketh away. Let's not hold our
breath. At best it will be retroactive.

meanwhile, the real threat is looming as of October 1, when the proposal is
to reduce State contribution to IHSS to $8/hr, threatening our health
benefits as well. Oh, and that's just for those of us who still have jobs.
most (81% in Alameda County, probably 90% statewide) of current IHSS
recipients will be rendered ineligible by new criteria. That criteria is the
AVERAGE functional index score, which was never designed to measure
eligibility for services. Hello, California? Are you listening?

Nick Feldman called a last minute meeting in his office this afternoon where
a handful of advocates discussed strategies. We agreed that we need to piggy
back on what other groups are doing and join in. We are waiting for
callbacks for more information. Tonight I heard from Susannah from SEIU. in
addition to the information regarding Ala. Co, she told me that they just
learned today that the Conference Committee will be voting on Monday June 15
on the IHSS wages, benefits, and eligibility criteria. They will have a bus
(probably not w/c accessible) leaving their offices at 440 Grand Ave at 5:00
am, unless they hear of a specific time that they will be voting on our
issue in which case it may be later. Stay tuned for Action for IHSS plans
for Monday in Sacramento.

There may be a direct action event on Thursday but given this latest news of
the hearing being on Monday, there may be no point. I am waiting for
information on that and will post that and other updates on the Action for
IHSS listserve. You can join by sending an email to
act4ihss-subscribe@yahoogroups.com.

thanks for asking, gmmper.

hannah jo.

ps: one little thing that really gets me is that for every dollar that the
Terminator chops from our wages, the State only saves a quarter. (someone
told me this - can't explain how that works).

Decisions

Hi all,

After Marty resigned, I have decided to take next Monday through Thursday with my own funds if I cannot get any donations, and go lobby in Sacramento and make our voices heard. I am very excited to know that on Thursday there will be a direct action. All my clients depend on IHSS and the regional center (another 7% cut across the board for providers). For the first time in my life as an advocate, I need to find hope that people believe in social change, and that we can still make a difference, and stop these cuts. I do not want to see mass graves of deceased disabled people who have died in their own filth and waste because instead of going to a nursing home, they would rather live in their own homes at the sacrifice of their lives.

I hate the feeling of the hundreds of thousands of providers who have spent years fighting for a living wage, and health insurance, only to be set back...when I got involved, Hannah and I went to San Francisco and Sacramento for the wages of IHSS to go up, and to get health insurance. The time has come to get out from behind our computer screens and do what needs to be done. Remember, it took all those people climbing up the stairs to get the ADA to pass. It took thousands of assistants, but we also got Olmstead through the courts. And now we have the biggest fight of our lives-and I really do mean OUR lives-no one is around to call themselves the leader, so we all must join together and be each other's leaders. We must realize that we have been called out on all of our vulnerabilities and this will be the hardest fight we've ever had, but we must prevail, if not for ourselves, then for the voices that cannot fight.

Everyone has their role. We must inform people to keep writing letters, to keep making phone calls, to keep talking to the neighbors, and to keep spreading the word. We have to let the secret out of the bag that we will not take this lackadaisical and apathetic approach as our lives are slowly getting stripped of dignity and respect.

I think the mood right now is scared to death all over. I think we have no choice but to take direct action. Psychologically this has done something weird to all of us. I know I personally could use some phone calls of assurance that other people are willing to demonstrate and advocate. I feel this dark cloud in my stomach of just mere basic survival and losing control. Institutions for some people are not out of the question, and that right there is justice for one, justice for all, and when what I mean to say is that institutions are going to be overcrowded, and understaffed, and some of my own friends can't end up there because the feeling of depression alone will kill them. I worry about the SSI that people use to put food on their tables, and most of all, the children. The children of our future, with and without disabilities will suffer, and so will families. I am really upset and concerned that we are not doing more. I don't mean just going to Sacramento, I mean having meetings with each other, developing phone trees, having guerrilla theater, and most of all, screaming "WE WON'T TAKE THESE CUTS ANYMORE!"

Getting all of the non-profits and ILCs involved is critical as well. I am hoping that Thursday will bring about some real change. I don't like doing this, but I will be very happy to open up my home for meetings all weekend. I just need to know the 5 Ws. Free our people now!

Nick

Olmstead Anniversary

Olmstead's Anniversary and Disability Civil Rights.
Information Bulletin #287 (6/09).

June 22, 2009, marks the 10th anniversary of the Supreme Court's Olmstead ruling for disability civil rights. Some people have made an analogy between the Olmstead decision and the Brown v. Board of Education decision in 1954. Let's compare them.

Nearly ten years after the black civil rights movement's victory in Brown, incremental, albeit not overwhelming, progress had occurred. Nonetheless, some people thought the black civil rights struggle had stalled.

Nearly ten years after the disability civil rights movement's victory in the Olmstead decision, incremental progress has occurred as well.

But still, more than 313,000 people with disabilities in nursing homes (23% of the total) want to live in the community, and yet are denied their civil right to integration, primarily because of Medicaid's historical bias in favor of segregation. Many of them are on "waiting lists" for their civil rights. Can you imagine a "waiting list" for black civil rights?

While the black civil rights movement achieved its share of victories, it took the March on Washington for Congress to enact both the Civil Rights Act of 1964 and the Voting Rights Act of 1965. And even then, it took the U.S. Department of Justice to take the right actions and really enforce these civil rights.

Remember that Title VI of the 1964 Civil Rights Act prohibited federal subsidies for racially segregated institutions.

So why not similarly rectify segregation for people with disabilities? Does not the Olmstead decision, together with the ADA/Section 504, already provide the necessary handles to prohibit federal subsidies to States that limit services only to segregated institutions, thus denying real choices that would enable 313,000 people to reside in the community.

Some say the disability civil rights issue of ending unnecessary segregation must wait. But as Dr. King wrote, "For years now I have heard the word 'Wait.' It rings in the ear of every Negro [person with a disability who is unnecessarily institutionalized] with piercing familiarity. This 'Wait' has almost always meant 'Never'."

Last year when some disability advocates wanted an explicit reference to ending unnecessary segregation included in the ADA Restoration Act, they were politely told that other issues were the focus: "wait."

This year when people with disabilities with the lowest incomes, who are entirely dependent on Medicaid, have demanded to end unnecessary segregation by having the Community Choice Act included in any health reform legislation, they have been told that the CCA is not the focus of health reformb"Wait."

The "Wait" to end unnecessary segregation of people with disabilities in institutions may soon turn into a "Never" for civil rights.

How hard is it to understand and accept that, but for the denial of civil rights, many institutionalized people with disabilities would live in the community with adequate programs and supports, especially since its cheaper for the federal government and states to provide such programs and supports in the community?

How hard would it be to enact a Disability Civil Rights Act in 2009 to end unnecessary segregation just as Congress did with the Civil Rights Acts in the 1960s? A Disability Civil Rights Act in 2009 to end segregation could not be as inflammatory as enacting the Voting Rights Act of 1964.

Will U.S. Attorney General Holder look to how U.S. Attorney General Robert Kennedy addressed ending discrimination in the 1960s? General Holder could start by looking at the 313,000 people with disabilities living in nursing facilities who have said they do not want to be unnecessarily institutionalized. He could inform states that Olmstead and the ADA/504 require providing real choice for people with disabilities who are segregated and want to live in the community.

What do we have to do to create the atmosphere of the 1960s for the disability civil rights struggle in 2009?

Steve Gold, The Disability Odyssey continues

Thoughts of whats to come...

http://www.youtube.com/watch?v=_HZq62nqE78

My Barriers With Lodging

My journey to Sacramento to stop budget cuts is only being hindered by the high cost of motels and hotels in and around the Capitol.

Public Furor Over Budget Cuts for Seniors and Disabled

Check out this article. Budget cuts...

Budget Cuts and My Participation

Dear Friends,

As I sit here at my computer, I am pondering the new budget cuts and how they will affect people with disabilities and the people who provide personal care for them. As a person who has a disability myself, I have cerebral palsy and I am both a client of In Home Supportive Services (I.H.S.S.) as well as the regional centers that care for people with developmental disabilities.

The governor has proposed a two dollar an hour cut to IHSS and a reduction in hours to clients who do not make the functional scale will lose hours. Right now the cuts for IHSS depend on the county you live in.

The department of developmental disability (DDS) who control the 21 regional centers that provides services to clients who have cerebral palsy, epilepsy, mental retardation, autism, deaf and hard of hearing, have already undergone a 3% cut in March of this year. The governor is proposing another 7% cut effective July 1st. This is to all providers and service providers for all regional centers.
Ultimately, I am under the impression that these cuts are not legal under the Olmstead Act as well as other disability rights. But more importantly I believe that the quality of life of people with disabilities will suffer and it will move us back in time to a place where institutions were the norm and people with disabilities were never integrated into society.
Today people with disabilities get educated, work, have relationships, and most importantly be an everyday part of society. The governor is putting this all at risk.

In lieu of the resignation of several major disability advocates, I would like to ask for donations and your involvement of allowing me the financial ability to go to Sacramento. I will also need all of you to demonstrate alongside of me and try one last time to maintain what we have now. I want to let you all know that I am a working man and feel its necessary to assert all of my time and energy to this critical cause. I hope all of you share my compassion and that you will act to make a better quality of life for all people because if we are not successful in getting these cuts removed, we can only blame the people who do nothing. In advance I thank you for your support but more importantly, I urge you to contact me, come to Sacramento, and help me convince governor Schwarzenegger that these cuts violate civil rights and the well beings of people lives.

Donations can be taken through Paypal.com, and the email address is daretodream94704@yahoo.com

Thank you all for your support,

Nicholas Feldman

Bad News for Disability rights and Obama

Obama Joins Group to Block Treaty for Blind and Other Reading
Disabilities

Psych Rights

Alaska Supreme Court Grants Mental Patients Constitutional Rights.

journeys...

I've had a lot of journeys recently...A week and a half in the hospital...doing outreach for my business...Meeting lots of people...trying to eat a lot & stay healthy...trying to keep my dog from feeling his age...finding new staff for me...seeing my friend Curtis it had only been 12 years! ...We are both getting married...

Poem: Like Me

Like Me

I went to my dad and said to him,
There's a new kid who's come to my school.
He's different from me and he isn't too cool.
No, he's nothing at all like me, like me,
No, he's nothing at all like me.

He runs in a funnyish jerkyish way
And he never comes first in a race
Sometimes he forgets which way is first base,
And he's nothing at all like me, like me,
No, he's nothing at all like me.

He studies all day in a separate class
And they say that it's called "Special Ed."
And sometimes I don't understand what he's said,
And he's nothing at all like me, like me,
No, he's nothing at all like me.

His face looks kind of different from mine,
And his talking is sometimes so slow
And it makes me feel funny and there's one thing I know;
He is nothing at all like me, like me,
No, he's nothing at all like me!

And my father said, "Son, I want you to think
When you meet some one different and new
That he may seem a little bit strange, it's true,
But he's not very different from you, from you,
No, he's not very different from you,"

Well I guess, I admitted, I've looked at his face;
When he's left out of games, he feels bad.
And when other kids tease him, I can see he's so sad.
I guess that's not so different from me, from me,
No, that's not very different from me.

And when we're in Music, he sure loves to sing,
And he sings just like me, right out loud.
When he gets his report card, I can tell he feels proud,
And that's not very different from me, from me,
No, that's not very different from me.

And I know in the lunchroom he has lots of fun;
He loves hot dogs and ice cream and fries.
And he hates to eat spinach and that's not a surprise,
'Cause that's not very different from me, from me,
No, that's not very different from me.

And he's always so friendly, he always says hi,
And he waves and he calls out my name.
And he'd like to be friends and get into a game,
Which is not very different from me, from me,
No, I guess that's not different from me.

And his folks really love him. I saw them at school,
I remember on Open School Night --
They were smiling and proud and they hugged him real tight,
And that's not very different from me, from me,
No, that's not very different from me.

So I said to my dad, Hey, you know that new kid?
well, I've really been thinking a lot.
Some things are different . . . and some things are not . . .
But mostly he's really like me, like me,
Yes, my new friend's . . . a lot . . . like me.

© Emily Perl Kingsley

4/15/09 LA Times article on IHSS

Dear Mr Halper,

In response to your article, "Fraud haunts caregiver programs", you fail to mention many positive aspects to a program like In Home Supportive Services(IHSS). IHSS allows for literally hundreds of thousands of disabled and elderly people to live in their communities instead of in costly skilled nursing facilities, assisted living facilities, and group homes. Also in 1999 it was ruled by the Supreme Court that it was less costly for someone to live in their own community with support instead of a nursing home. The Supreme Court went so far as to say that every state in the U.S. is required to come up with a plan for more community integration for people with disabilities. It should be known that the current administration led by Gov.Schwarzenegger has certainly not implemented any part of the Olmstead Act since they've been in office. It is a known fact that the current administration, despite outcries from the providers, the recipients, as well as many concerned social service agencies has decided to allow budget cuts to this program of up to $2.00 an hour, start effective July 1st, 2009. In some cases, the providers will barely make minimum wage. Providers as well as family members cannot work when they are taking care of a dependent child or adult. IHSS allows disabled people to not just live but to work and also get educated while being in their natural environments. This is extremely ironic because the Governor himself has disabled relatives that use the IHSS program. I guess the only answer to the budget cuts is to warehouse the elderly and disabled and at the same time put all the providers out of work. This makes no sense because health care costs will continue to rise for the disabled and elderly and the unemployment rate will do the same. It was stated recently in Oakland that the state could only come up with $8 million dollars instead of the $10.5 million needed to not make these cuts. It is nice to hear that the state is spending even more money it doesn't have by launching these frivolous investigations that will one day end up killing someone who is home bound and cannot find the support they need.

Sincerely Yours,
Nicholas Feldman

Trying to hault the American Dream in broke California

For the past three years I have been the owner of a home care business which caters to people with all disabilities, but primarily developmental disabilities. It is no surprise that the owner of a business would make a decent income while working hard to create and grow the business. The one unique aspect to this true tale, is that the owner has a developmental disability, cerebral palsy, which requires the use of the state program, Medi-cal which is connected to in home supported services. This program pays for 8 hours of my overnight care and Medi-cal pays for repairs to my medical equipment, including my power wheelchair and other needed disability support. Due to a program created by the World Institute on Disabilities, the program allows someone with a disability to make over 250% of the poverty level, and still keep vital benefits that allow people to work. I was shocked and confused when my benefits were discontinued due to a lack of knowledge about the 250% program. This has a negative effect on me because all of the sudden my world was turned upside down and I had to start to consider what my life would turn into without these benefits.
The workers who work for Medi-cal should be well versed in these programs regardless of what the income level may be. I am grateful to many people, including my book keeper who manages my financial affairs, Mr. Bryon McDonald of the World Institute on Disability and the commitment of these people in less than two weeks to get my benefits turned back on and allow me to keep working and keep paying taxes and being a productive member of society. I hope my part in paying taxes will get rid of the draconious cuts to valuable social services and other community organizations that are being effected by the state budget crisis. You would think that the Schwartzenegger administration would make a tremendous effort to take the working while disabled programs and give them the opportunity to allow all people who want to work with disabilities, an equal chance on the playing field.

The Fight On My Career

I am doing pretty well. I feel a lot better. Due to my income level with dare to dream, my Medical has been cut off. Lorraine and I and a benefits counselor from the world institute on disability will be helping with my appeal. Lorraine has already done alot in the way of making my business zero out. This has to do with my IHSS more than my health insurance. They are focusing not on my business but more on my personal accounts. They are saying that because I make more than $2000 in monthly income, they consider it "property". So like always I am the pioneer,and I have support from many disability rights agencies, including the world institute on disability, Lorraine, and Rocio Smith (the director of area board 5) who oversees the regional centers. I am convinced that I will persevere...I don't have to pay for any of my Doctors or my medicines, but I may end up having to pay for the 8 hours of care that I receive overnight. Thank goodness that I worked enough in my 20's to be able to be on Medicare. I just really don't want to have to pay the $26K a year for my overnight care with all my bills and my rent.
Elliot had a really bad infection behind his eyes, but he will be ok. I thought for sure he was going to die. Vanessa and I were very sad. The Vet said it could be the infection orr could be cataracts. Thank goodness it was the first! He has to take medicine forever, but won't lose his sight. I am grateful!
I am also going to find out tomorrow if the state will be cutting IHSS, due to state budget cuts. I have a lot of work to do in terms of getting more clients and also staffing the ones I already have. I have always chosen the unknown path in my life and continue to fight the good fight!

Love,
Nick

A cute story

http://www.youtube.com/watch?v=btuxO-C2IzE

Dare to Dream Attendant Services update

Hi,

I hope all of you are well. Dare to Dream has a great staff of people and a great client base. As you know, California is up against very hard times as an employer and as an employee. Tax rates and the cost of living going up along with budget cuts to regional centers that my company has business with makes it very difficult for a small business to survive. I am looking forward to meeting with you as soon as possible to discuss any and all possibilities on ways we can help each other accomplish our goals. I know most are too pressed for money and time, so if nothing else works I am extremely interested in setting up an advisory board that would help steer Dare to Dream Attendant Services in a way that will continue to provide quality home care when needed most. Whether I have spoken to you in the past few days, or whether I have never spoken to you at all, my assistant Andrew Snook and myself would like to come to your area and discuss possible collaborations and strategies to keep Dare to Dream prosperous, while at the same time providing quality home care when people need it most.


Talk to you soon,

Nicholas Feldman
Owner/Founder of Dare to Dream Attendant Services


Nicholas Feldman
Dare to Dream Attendant Services, LLC
2488 Martin Luther King Jr. Way
Berkeley, CA 94704
(800)988-9927
Fax: (415)541-8590
website: www.daretodreamattendantservices.com
blog: http://mydreamweaver.blogspot.com/
(Assistant may answer the phone)

I always said this could be a possibility...

Nancy Eiesland Is Dead at 44; Wrote of a Disabled God

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By DOUGLAS MARTIN

Published: March 21, 2009

By the time the theologian and sociologist Nancy Eiesland was 13 years old, she had had 11 operations for the congenital bone defect in her hips and realized pain was her lot in life. So why did she say she hoped that when she went to heaven she would still be disabled?

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Kay Hinton/Emory University

Nancy Eiesland specialized in the theology of disability.

The reason, which seems clear enough to many disabled people, was that her identity and character were formed by the mental, physical and societal challenges of her disability. She felt that without her disability, she would “be absolutely unknown to myself and perhaps to God.”

By the time of her death at 44 on March 10, Ms. Eiesland had come to believe that God was in fact disabled, a view she articulated in her influential 1994 book, “The Disabled God: Toward a Liberatory Theology of Disability.” She pointed to the scene described in Luke 24:36-39 in which the risen Jesus invites his disciples to touch his wounds.

“In presenting his impaired body to his startled friends, the resurrected Jesus is revealed as the disabled God,” she wrote. God remains a God the disabled can identify with, she argued — he is not cured and made whole; his injury is part of him, neither a divine punishment nor an opportunity for healing.

Ms. Eiesland (pronounced EES-lund), who was an associate professor at the Candler School of Theology at Emory University in Atlanta, died not of her congenital bone condition, nor of the spinal scoliosis that necessitated still more surgery in 2002, but of a possibly genetic lung cancer, said her husband, Terry.

Ms. Eiesland’s insights added a religious angle to a new consciousness among the disabled that emerged in the 1960s in the fight for access to public facilities later guaranteed by the Americans with Disabilities Act of 1990. The movement progressed into cultural realms as disabled poets, writers and dramatists embraced disability as both cause and identity.

Pointing out that anyone can become disabled at any time, the disabled called those without disabilities “the temporarily able-bodied.” They ventured into humor, calling nondisabled people bowling pins because they were easy prey for wheelchairs.

Ms. Eiesland’s contribution was to articulate a coherent theology of disability. Deborah Beth Creamer, in her book “Disability and Christian Theology” (2009), called Ms. Eiesland’s work the “most powerful discussion of God to arise from disability studies.”

In an e-mail message, Rebecca S. Chopp, the president of Colgate University, who is known for her feminist theological interpretations, characterized Ms. Eiesland as “a, if not the, leader of disability studies and Christianity and disability studies in religion.”

In four books and scores of articles, Ms. Eiesland’s scholarship also included a much-cited book on the dynamics of churches in an Atlanta suburb. Groups like the World Council of Churches asked her to speak on disability.

For 10 years, she consulted with the United Nations, helping develop its Convention on the Rights and Dignity of Persons with Disabilities, which was enacted last year. The convention describes the disabled as “subjects” with rights, rather than “objects” of charity. It explicitly endorses spiritual rights for the disabled.

Nancy Lynn Arnold was born in Cando, N.D., and grew up on a farm nearby. Operations to remedy her birth defect began when she was a toddler. Her parents also took her to faith healers. She wrote that she was a poster child for the March of Dimes, a charity that some advocates for the disabled criticize for its appeals to pity.

After she was fitted with a full-leg brace at age 7, her father told her: “You’re going to need to get a job that keeps you off your feet. You’ll never be a checkout clerk.”

In high school, she won a national contest with an essay on the inaccessibility of rural courthouses in North Dakota. She organized a letter-writing campaign on the issue.

She enrolled at the University of North Dakota, where she campaigned for ramps into the library and accessible parking spots. She dropped out after her beloved older sister was killed in an automobile accident.

Nancy and her stricken family joined the Assemblies of God and moved to Springfield, Mo., where the church has its headquarters. She enrolled in Central Bible College, which trained ministers, and graduated as valedictorian in 1986. She became an Assemblies of God minister, but gradually drifted away from the denomination.

She became a student at Candler, where she studied theology under Ms. Chopp. Ms. Chopp remembered Ms. Eiesland’s complaining that for all Christianity’s professed concern for the poor and oppressed, the disabled were ignored.

“I looked at her and said, ‘That is your work,’ ” Ms. Chopp said.

After a stunned silence, Ms. Eiesland accepted the challenge as fodder for a master’s thesis, which evolved into “The Disabled God.” She earned her master’s degree in 1991 and her Ph.D. in 1995, both from Emory.

Ms. Eiesland is survived by her husband; their daughter, Marie; her parents, Dean and Carol Arnold; two brothers, Neal and Victor Arnold; and two sisters, Katherine Arnold and Jocelyn Gracza.

As she strove to define new religious symbols, Ms. Eiesland’s metaphors were startlingly incisive. She envisioned God puttering about in a “puff” wheelchair, the kind quadriplegics drive with their breath.

One for all and all for one, this one is a victory!

A big round of applause for Rocio Smith and everyone in California! Below is proof that the olmstead is alive and well! In the holocaust, many people were killed in cruel mental hospitals and has been going on in the US ever since. This is yet one more step that people with DD do not need institutions. Shhhhh.......slowly but surly we are winning the war.


SUPERIOR COURT OF CALIFORNIA
COUNTY OF ALAMEDA
CAPITOL PEOPLE FIRST et al., on behalf of themselves and all others similarly situated,
Plaintiffs
v.
DEPARTMENT OF DEVELOPMENTAL SERVICE, et al.,
Defendants
Case No. 2002-038715
CLASS ACTION
NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION LAWSUIT
AND HEARING DATE FOR FINAL COURT APPROVAL
The Superior Court of California for the County of Alameda has authorized this notice. It is not
a solicitation for a lawyer.
TO: ALL PERSONS WITH A DEVELOPMENTAL DISABILITY WHO RESIDE IN
CALIFORNIA AND NOW LIVE IN, OR HAVE LIVED DURING THE LAST
YEAR IN, A GOVERNMENT OR PRIVATELY OPERATED FACILITY WITH
16 OR MORE OTHER PEOPLE
PLEASE READ THIS NOTICE CAREFULLY, IT MAY AFFECT YOUR LEGAL
RIGHTS
IF YOU WISH TO OBJECT TO THE SETTLEMENT AGREEMENT OR
APPEAR AT THE APRIL 24, 2009 COURT HEARING REGARDING FINAL
APPROVAL OF THE SETTLEMENT AGREEMENT, YOU MUST FOLLOW
THE DIRECTIONS IN THIS NOTICE
2
Purpose of This Notice
This Notice sets forth the basic terms of the proposed Settlement Agreement in the case
entitled Capitol People First v. Department of Developmental Disabilities and advises
class members of their procedural rights relating to the settlement. The certified class in
the case is defined as follows:
All California residents with a developmental disability, as defined in
Welfare and Institutions Code section 4512(b), who are (or become)
institutionalized, and those who are at risk of being institutionalized, in
congregate residential facilities having a capacity of 16 or more
individuals.
Under this definition, “institutions” are public and private, licensed or
certified facilities, including but not limited to state developmental centers
(DCs) including the state-owned-and-operated Sierra Vista and Canyon
Springs facilities, state psychiatric hospitals; intermediate care facilities –
developmentally disabled (ICF-DDs); and those skilled nursing facilities
(SNFs), residential community care facilities (CCFs), or children’s shelters
with a capacity of 16 or more. This definition refers to facilities on the
same grounds or parcel, irrespective of whether the provider has one or
more discrete licenses.
By statute, Welfare and Institutions Code section 4418.7, a person is “at
risk” of institutionalization in a DC when “the regional center determines,
or is informed by the consumer’s parents, legal guardian, conservator, or
authorized representative that the community placement of [the] consumer
is at risk of failing and that admittance to a state developmental center is a
likelihood.” For purposes of the class definition, the same criteria apply to
determine those at risk of institutionalization in institutions other than
DCs. In addition, pursuant to Welfare and Institutions Code section 4508,
individuals who are released from DCs may be on provisional placement
for one year and have an “automatic right of return.” Under the class
definition, therefore, persons at risk of institutionalization also include
those who are within one year of release or discharge from a DC or other
institution.
Description of the Case
Three organizations concerned with the rights of persons with developmental disabilities
(Capitol People First, ARC of California, and California Alliance for Inclusive
Communities) and 15 individuals with developmental disabilities (the Plaintiffs) have
brought a lawsuit against the California Department of Developmental Disabilities
(DDS), other State agencies, and the 21 Regional Centers located throughout California
which arrange for services and supports to persons with developmental disabilities (the
3
Defendants). Two organizations concerned with the rights of persons with developmental
disabilities (California Association of State Hospital Parent Councils for the Retarded,
and California Association for the Retarded) intervened in the case.
In the lawsuit, the Plaintiffs contend that Californians with developmental disabilities,
who live in government or privately operated facility with 16 or more persons, should
have more information and choice about options for living in smaller homes in the
community. The lawsuit asks the Court to issue an order requiring the Defendants to take
steps designed to advance these objectives. The lawsuit does NOT seek an award of
money damages for anyone.
The Defendants deny the allegations in the lawsuit.
Summary of the Proposed Settlement Agreement
In order to resolve the lawsuit, the Plaintiffs and the Defendants have successfully
negotiated a proposed Settlement Agreement. On January 30, 2009, Alameda County
Superior Court Judge Robert Freedman granted preliminary approval of the Settlement
Agreement and approved this Notice.
What follows is a brief summary of the main terms of the proposed Settlement
Agreement. If you want more information, please see the section of this Notice entitled
“Obtaining More Information” which is set forth below.
• Subject to Legislative approval, DDS will provide additional funds to each Regional
Center to assist the Regional Center in arranging for a case worker to attend Individual
Program Plan (IPP) meetings of persons residing in Developmental Centers (DC s).
• Regional Centers will provide information to persons living in certain large private
facilities about possible living arrangements in smaller, community-based settings.
• DDS will provide training to DC staff about community living options.
• DDS will work with Disability Rights California and the State Council on Developmental
Disabilities to provide information and training to class members about community living
options.
• Regional Centers and DDS will continue to use the Community Placement Plan process
to help class members move from the DC s to community settings.
• Regional Centers and DDS will develop new community programs and housing options.
• Subject to Legislative approval, DDS will continue to provide funds to Regional Centers
to use to help large, private facilities, which serve persons with developmental
disabilities, to downsize to smaller community homes.
4
• The Settlement will remain in effect for three years. During this period, Disability Rights
California, the attorneys for the Plaintiffs, will receive reports which will allow it to
monitor the Defendants’ performance under the Settlement Agreement.
• The Settlement Agreement does NOT provide for a monetary award to any plaintiff or
class member.
• The Settlement Agreement does NOT provide for the payment of attorneys’ fees or costs
to the Plaintiffs or their attorneys.
• Nothing in the Settlement Agreement requires anyone to move from his or her current
residence.
The Fairness Hearing
The next step in the case will be a hearing at which Judge Freedman will decide whether
the proposed Settlement Agreement is fair and reasonable (the Fairness Hearing). The
Fairness Hearing will be held on April 24 2009 at 2:00 p.m. The location of the hearing
is Department 20, Alameda County Superior Court, 1221 Oak Street, 4th Floor, Oakland,
California 94612.
If, at the conclusion of the Fairness Hearing, Judge Freedman gives final approval to the
Settlement Agreement, you, as a member of the class, will be bound by the Settlement
Agreement. As a practical matter, this means that for the three years the Settlement
Agreement is in effect, you cannot bring a lawsuit that makes claims which are the same
or similar to the claims made by the Plaintiffs in this lawsuit. Please note that the
proposed Settlement Agreement does NOT affect or alter your right to have disputes
which are specific to you resolved through an appropriate administrative hearing or
court action.
Comment and Objection Procedure
As a member of the class, you now have the following options:
• If you agree with the proposed Settlement Agreement, you do not need to do
anything.
• If you oppose any of the provisions in the proposed Settlement Agreement:
• You may submit a letter explaining your objection to the proposed Settlement
Agreement. Your letter will be considered by Judge Freedman at the Fairness
Hearing.
5
OR
• You may appear at the Fairness Hearing and explain your objections to Judge
Freedman.
To do either of the above, you must send a letter containing the following information to
BOTH of the addresses set forth below:
• The name and number of the case, i.e., Capitol People First v. Department of
Developmental Disabilities, No. 2002-038715.
• Your full name and address.
• An explanation of specific reasons for your objection to the proposed Settlement
Agreement, including the identification of the particular provision(s) in the
Settlement Agreement to which you object.
• A statement that you intend to appear at the Fairness Hearing, if that is your plan.
Your letter must be mailed to:
Clerk of the Court
Alameda County Superior Court
Renee C. Davison Alameda County Courthouse
1225 Fallon Street
Oakland, CA 94612
AND
Barbara Dickey, Esq.
Disability Rights California
1330 Broadway, Suite 500
Oakland, CA 94612
TO BE VALID, YOUR LETTER MUST BE POSTMARKED NOT LATER THAN
April 17, 2009.
DO NOT TELEPHONE THE COURT.
6
Obtaining More Information
If you want more information, you may:
• Read the complete Settlement Agreement at the Clerk’s Office at the above
address.
• Find the complete Settlement Agreement on the internet at:
Alameda County Superior Court
• California Department of Developmental Services
• Disability Rights California
• Regional Centers in California
• Telephone Disability Rights California (Plaintiffs’ attorney) at (510) 267-
1200 to request that a copy of the proposed Settlement Agreement be
mailed to you.
• Call or email Barbara Dickey, the lead attorney representing the class, at:
• Telephone – (800) 776-5746, TTY (800) 649-0154
• Email – CPFinquiries@disabilityrightsca.org.