Tag: legal

Disabled State of the Union 2021

I’m a disabled woman, disability rights lawyer, and disability counselor and assessment specialist. Disability affects me personally and professionally. It drives me to advocate for an inclusive, diverse, and accessible tomorrow. I’m not alone. There is a rich disability culture online and in person. This Disability Pride Month, I am highlighting the key issues facing the disability community in this Disabled State of the Union address. Let me know what you think! Also available on the Apple Podcast app!

Transcript:

Hi everyone and thank you for watching or listening. My name is Ashley Jacobson. I am a disability rights attorney, who also holds a master’s degree and certification in a disability counseling field. I also am a woman living with physical disability from autoimmune disease. Throughout my life, I’ve been inspired by the work of seemingly fearless advocates. It wasn’t until I became an advocate myself, that I truly understood how necessary, and challenging advocacy can be. It’s not always well received (or initially understood) but in those moments, when you see a change to which you’ve devoted your efforts, we become one step closer to a truly equitable and inclusive world. As someone who has professionally and personally experienced disability, I’ve witnessed just how important disability justice (or inclusion) is for our future. While disability is incredibly common, and perhaps the most normal and shared human experience, it’s still stigmatized and discriminated against in workplaces, community groups, schools, and social settings. Everyone blessed with the opportunity to age will acquire some form of disability in their lifetimes. 1 in 4 adults in the US have a disability—that’s over 61 million potential voters, and includes many of your coworkers, family, and friends. When I tell nondisabled individuals that statistic, they think, “No way.” You, even might be wondering, how is it that possible? Do I really know that many people in my personal life who are living with disability? Disability affects people of every race, gender, socioeconomic status, sexual orientation, and identity. Disability is diverse. Under the Americans with Disabilities Act, the definition of disability is all encompassing to include:

A person living with a mental or physical condition that significantly impairs one or more major life functions (eating, sleeping, grooming, bathing, working, mobility, hearing, vision, etc.); OR

A person who has a record of being diagnosed with such a condition; OR

A person who others regard as having a disability. The lawmakers did an extraordinary thing when they made the definition of disability that broad. They acknowledged that the disability experience itself is as diverse as the disability community throughout our country. They recognized that even without formal diagnosis, you have disability rights. They recognized that inherently and purposely discriminatory environments needed to be made more equitable and accessible.

It’s important to note, that disability rights are recent in our history. I lived before they existed in the widespread fashion, they are in today. And while these rights are a great start, there is a long way to go. Disability includes those with anxiety, ADHD, dyslexia, PTSD, hearing loss, vision loss, brain injury, chronic illness, and many other conditions which far exceed the limited stereotype nondisabled people see when picturing disability. To most nondisabled people, they hear “disability” and think someone using a wheelchair. While that certainly is one group of the disability community, it’s not the whole disability community. Why is this important?

Because if we want to truly address the issues of today, to ensure a better tomorrow, we must have an accurate depiction of who will be living in that tomorrow. We must recognize disabled citizens as part of our present and future. One of the central issues facing the disabled, is the lack of recognition by the nondisabled of disability culture and its value in our society.

A remarkable effect of advocacy and accessible social media spaces, is that people from the disability community have become more organized in their advocacy and more equipped at sharing resources with disabled individuals throughout our country. But advocates have been sharing and fighting for disability justice for decades. They climbed the steps of the Capital, some forced to disembark their wheelchairs to climb on hands and knees—because there was no ramp.

They performed sit-ins, protests, and policy reviews. They demonstrated strength, tenacity, and leadership—and in doing so, demonstrated the value of our community.

Yet, parents still fear for their children’s futures when they’re born with disability. They are told by doctors that their newborns will never work, never marry, and never have kids of their own. As a result of this stigmatizing start, kids grow up being told they have “special needs,” because to the nondisabled, the term “disabled” is terrifying and wrong. Parents are, of course, doing their best to adapt to their children’s disabilities—but when we sugar coat the term “disabled,” we’re teaching children to hide their conditions from others, to shield the world from their differences, and to pretend to conform to a nondisabled experience. Even more damaging, is that we aren’t teaching them that disability is normal, that their disability has certain characteristics to which they can accept and adapt, and that people with disabilities have value.

One of the reasons the disabled haven’t been seen as valued members of our society, is because the unemployment rate for this population is extraordinarily high (nearly 80% of people with disabilities were unemployed in 2020 as opposed to around 40% for the nondisabled, according to the Bureau of Labor and Statistics) [cite: PERSONS WITH A DISABILITY: LABOR FORCE CHARACTERISTICS — 2020 (bls.gov)].

This is a result of two main things: discrimination in the workplace, and aging. One of the largest populations in the disability community, is the elderly. But when it comes to employment–

If you talk to almost any disabled person who is capable of and trying to maintain employment, of which there are many, you’ll hear horror stories about discrimination they faced in hiring practices and once hired on the job.

People are denied interviews once they disclose a disability and they’re denied accommodations once they accept a new job.

For many, this is why disclosing a disability is tremendously nerve-wracking. It’s also one of the main things on which I counsel my clients.

They have to prepare, sometimes in excruciating detail, how they choose to disclose; if or when to disclose; where to disclose; and to whom they disclose. Each time they interview, they’re thinking about these factors, and bracing for the discrimination that so often follows.

And, once they get the job, they’re bracing for discrimination in the form of denied accommodations, rude comments, unjust job evaluations, and discriminatory firings.

You might be wondering, what the heck are accommodations? Under the ADA, disabled individuals have a right to reasonable accommodations in the workplace, in schools, and many other places. This could include adapted tools (weighted pens, larger text, additional time on tests in school, access to medical equipment, access to communication equipment, assistive technology, etc.). But despite the ADA, employers and professors deny accommodations every day.

I’ll give you an example:

One of the symptoms of my disability is hand tremors. In law school, I needed to type my exam essays, rather than write by hand, because I can type at a more reasonable pace. I’d studied for hours, and I showed up to the exam room with my laptop. In order to log into the exam software, I had to have an internet connection. For some reason, that room would not allow my computer to access the internet that day. The accommodations coordinator said, “Well, can’t you just write this one time?”

When I asked to use the school’s other testing room which had an open desktop computer specifically set up for students to take exams, they said I couldn’t because I told them I’d use my laptop—not knowing the internet wouldn’t work in my testing room that day. There were two empty desktop computers in rooms set up for testing, and they forced me to hand-write. I spent the entire time slowly etching out my essay by hand. With two minutes left, I had to guess on every single multiple-choice answer and just hope for the best.

After, I notified the professor, the deans, and the accommodations coordinator that I was denied my accommodation. One dean said to my supportive professor, “Well why should she get special treatment? She’s probably just complaining because she didn’t do well.” What he didn’t know, was that I received the highest score in the class. I had literally guessed all of the multiple-choice questions correctly. Then, he used my “success” as a reason to not address the problem– “If she did well, what’s she complaining about?”

2 takeaways from this story:

Disability accommodations are a right under the law. They are not determined unnecessary because someone happens to survive without them because of luck or any other reason.

Disability accommodations are not “special treatment.” Disability rights laws were created because these environments—schools, workplaces, etc.–were proven to be inherently discriminatory and inaccessible spaces. Accommodations are the after-thought in making spaces accessible for people with disabilities. And, they’re essential until our society has remedied the discrimination in these environments.

But I didn’t just experience this during law school. When I sat for the bar exam, I had to apply for my accommodations to be approved, months in advance, and they were approved. Yet, when I showed up on testing day at each testing session over the 2-day period for the bar exam in Michigan, the proctors had forgotten to plan to implement the accommodations, and wanted to just throw them out the window, “You’ll be right without them, right?” they said, and I said, “No. Not only will I not be fine without them, they’re my rights. They argued with me for 15-20 minutes at the start of each testing session. For a test that’s already incredibly expensive to take, and stressful to prepare for. And when I complained about the inaccessibility and discrimination at the bar exam, I was again dismissed. “Well she’s probably upset because she didn’t do that well.” When in reality I had passed the exam, but that’s not the point. I passed the bar exam because I had to compensate more than my nondisabled peers. I had to guess correctly in many cases. And I dealt with the trauma of being discriminated against, for the biggest test of my life, for months following the exam. And when I went to report it to the Board of Law Examiners, to the Governor of the state of Michigan, truly, nobody knew who would answer for this discrimination, how it could be fixed and reversed, who we would hold accountable. So one of my goals as an attorney who is disabled, who practices disability civil rights, is to make sure that my profession, the legal profession, doesn’t perpetuate this discrimination for future disabled lawyers. But the issues affecting people with disabilities isn’t just in schools or the workplace.

Another main issue affecting those with disabilities is the climate crisis—and yet, they are so often excluded from consideration in environmental advocacy.

Disabled individuals are disproportionately affected by natural disasters. Over the last couple of years especially, there have been reports of people not having accessible methods for evacuating during wildfires, being abandoned in nursing homes during hurricanes, and undeserving of emergency shelter.

Disabled people are also, in many cases, greatly interested in environmental advocacy. One of the leaders who has illuminated the climate crisis to millions is Greta Thunberg. Greta, though a child at the time, was brutally attacked by grown politicians who highlighted her history with autism, anxiety, and depression as a means to discredit her.

They repeatedly projected to Greta and to the millions of individuals with disabilities around the world, that if you have a disability, you shouldn’t speak up, you shouldn’t have a voice, you shouldn’t be taken seriously.

To Greta’s tremendous credit, she persisted, as often those with disabilities do, in the face of such discrimination. In her movie on Hulu, she talks about this, and about how the idea of her disabilities being used to discredit her is ludicrous because having autism has actually brought her the drive, consistency, and commit to pursue her advocacy.

And yet, as our world is becoming less and less inhabitable for all, it more quickly becomes even less inhabitable for the disabled.

When snow falls, they are stranded in their homes, because there is no sidewalk on which they can safely travel with a cane, walker, or wheelchair.

When hurricanes occur, some cannot be evacuated before the storm, and then after the hurricane hits, they cannot make it to their roof to await emergency personnel who can rescue them.

When the wildfires rage through their communities, their lungs might be more easily affected by the air quality, their personal attendants might decide to evacuate without them, and their attempts to find a shelter with accessible restrooms, beds, or even entrances are fruitless. They are again, treated as an afterthought. Disposable. Unimportant.

The attitude our society has about disabled people being disposable has been horrifically apparent during this pandemic.

As someone living with autoimmune disease, I heard countless politicians, family, and friends remark on how they were relieved that the worst symptoms of Covid only affected vulnerable individuals—the elderly and those with underlying conditions. I am one of those individuals, and I’d hear this every single day—when I turned on the news, when I talked to my friends, and when I logged on to social media.

I also heard medical professionals prioritizing the treatment and care of nondisabled people over the disabled. They literally calculated disabled lives to be of less value in our society.

I admit, there are valid discussions that need to occur during a public health crisis with limited supplies and that tough decisions had to be made by healthcare workers in an impossible position.

That being said, too often, disabled lives were discounted. Regardless of contribution to society, regardless of compliance with social distancing and mask usage, regardless of (in many instances) typical lifespan being equal to that of their nondisabled peers.

Though deemed “vulnerable” to the most severe symptoms of Covid-19, disabled individuals were not given appropriate access to the vaccine. In Michigan, they provided for the vaccination of the elderly (of which of course, there is a large portion of people with disabilities), but for all of those with disabilities under the age of 65, who were not essential workers (and, many couldn’t be essential workers because of hiring discrimination), they were the last to become eligible. Insultingly, the caregivers of the disabled were given vaccines before disabled people themselves.

However, these attitudes are not new. People with disabilities were institutionalized for over a century, through the 1970s, for some conditions that frankly are common and manageable by the individual in everyday life—things like epilepsy, down syndrome, deafness, and low vision. These institutions were not like the hospitals or facilities you see today—they were traumatizing, violently abusive, and neglectful. If you want to learn more, google “Willowbrook Institution.”

But when the de-institutionalization movement “ended,” the institutionalization of the disabled, especially disabled people of color, continued.

As an attorney and advocate, one of the most pressing issues I see facing the disability community today is within our criminal justice, juvenile detention, and prison systems.

A great example of this issue is actually the reason I became an attorney. When I was working as a counselor with disabled adults, I had a client who had a disability that greatly affected this person’s speech and vocabulary. One day, my client was mugged and called the police. When they arrived, instead of correctly assessing that my client had a disability, they believed my client was under the influence and disorderly.

My client was arrested, and had signed a plea deal with a forever charge on their record all within a couple of hours. This client is kind, hard-working, and cares for their family—but simply called the police for help and was arrested because they didn’t understand disability. I signed up for the LSAT and became a lawyer because I saw this happen far too often.

People with disabilities are being falsely arrested, wrongfully convicted, and institutionalized in prison at alarmingly high rates. 30-40% of adult inmates have documented disabilities, and without a doubt, there are many more who were never properly assessed that make that number much higher.

Police departments report openly that most of their instances of excessive force are inflicted against people with mental illness, including those with substance use disorders. Unsurprisingly, Black disabled individuals are at even higher risk. Matthew Rushin, Elijah McClain, Duante Wright, Pamela Turner, and many, many more valued individuals with disabilities were incarcerated or killed at the hands of the police. But adults are not the only ones affected by this massive problem.

Children with disabilities, especially Black disabled children, are more likely to face harsher punishment in schools and juvenile adjudications. They are also more likely to be reported for “problematic behaviors” that are a result of their disability not being properly assessed or addressed through appropriate services and supports than their white, nondisabled counterparts.

Children facing trauma, disability, and racial discrimination are being assessed incorrectly when the lawyers, CPS workers, judges, and referees don’t take disability into account. There are some that do—but it’s not uncommon that they don’t.

Disability affects every facet of the legal system, every legal area, and truly every facet of our society.

And these are just some of the many issues being discussed in the disability justice movement. The truth is, everyone needs to learn and care about disability advocacy, because anyone can become disabled at any time. When I say this, sometimes people think it’s threatening in nature, because they’re viewing disability as something to fear. While it’s not always pretty, fun, fair…disability doesn’t discount the joy in your life, the meaning in your work, the importance of your presence.

If you are listening to this, and you have a disability, please take this in:

You have value. You have power in your vote. You are worthy.

If you are listening to this, and you don’t have a disability, hear this:

We welcome you to our causes. There is space for your allyship. If you’d like to learn more about the disability community, reach out to me. Search the hashtag #DisabilityAdvocate on social media. Head to my website jacobsonlawandadvocacy.com (also @JLAfirm on Facebook), and my personal but public Instagram page @ashleybjacobson (where I share tons of resources).

Thank you.

Fire All LAPD Responsible for Disability Rights Violations

Photo by alexandre saraiva carniato on Pexels.com

Photo by Shane Aldendorff on Pexels.com

Ashley Jacobson, Esq., MA, CRC

Disability Rights Attorney, Disability Assessment Specialist and Counselor, and Advocate

Over the weekend, another startling video emerged of Joshua, a Black protester with a disability in Los Angeles, being brutally physically attacked and forcibly removed from his wheelchair by LAPD (available on my Instagram: @ashleybjacobson, originally seen on the Instagram account: @misanharriman).

Joshua had his disability rights violated by over ten LAPD officers. In the process, officers are seen throwing his expensive wheelchair violently against the ground, immediately damaging the chair, causing the wheels to fall off, bending and and scratching the chair itself.

Let me be clear, as a disability rights lawyer and advocate living with physical disability–People with disabilities are entitled to disability rights even when they are stopped, questioned, investigated, detained, searched, arrested, incarcerated, and prosecuted in court by police and state attorneys.

The disability community is the largest minority group in the world. We are strong when we demand change together. As such, I have compiled a few action steps we can all take to hold all officers (and their leaders who perpetuate a culture of ableism) accountable.

1) Report the incident in several ways. I’ll start with the wording itself. If you are unsure how to write the email, here is a template I made. I indicate several areas where you can choose or change the language based on your preferences or the message you want to convey, because otherwise officials will filter all messages with the same copied text to their email junk folder or trash bin–one way they get around reading such complaints. Try switching things up instead of just choosing the first choice every time–we are trying to avoid everyone sending the same email.

If you are unable to use the template or want help writing an email, please email me at legallyabled@gmail.com and I will type up the email language for you, email it to you, and then all you have to do is copy and paste it to your email when you send it to the individuals I list below.

Here is the template (you can choose which sentences and wordings you’d like to use):

My name is [enter your name here]. I am a person [choose one or more: living with disability / caring for a person with a disability / who has a loved one with a disability]. During a peaceful [choose one: protest / demonstration / march / assembly], over ten Los Angeles police officers were caught on film violating the disability rights of a man named Joshua. He is [choose one: entitled to / afforded] these rights under several disability rights laws in the United States, including the Americans with Disabilities Act [optional: ADA] and Rehabilitation Act [optional to add here: of 1973]. Joshua was, [optional: and all people with disabilities are,] entitled to disability rights when [choose one or more: stopped, detained, questioned, investigated, arrested, booked, or incarcerated].

Disability rights leaders and experts [choose one or more: warn / know / caution / advise], any and all officers who violated Joshua’s rights [optional: and the rights of others in the disability community] are financial liabilities to your department, city, and state as [choose one: qualified immunity / typical legal deference given to police] does not prevent such officers from being successfully sued under disability rights laws as recently [choose one: affirmed / decided / held] by the courts.

I demand that all officers be [choose one or more: immediately / swiftly / quickly] identified, fired with loss of any pension, and fined for [choose one or more: replacing / repairing / fixing / resolving any issues with] Joshua’s wheelchair.

[Optional: Any action or inaction by leaders pertaining to this massive rights violation will result in the loss of votes and public support by the largest minority in your jurisdiction—the disability community.]

[Optional: Choosing to ignore this issue makes you complicit.]

2) After you’ve written or received the text to send with your complaint, follow one or more of the methods below by filing a complaint with the police:

“Any person who believes they were wrongfully accused of a crime, unjustly injured, or
experienced misconduct on the part of an officer can make a complaint with the Department’s Internal Affairs Group hotline at 1-800-339-6868. For complaints specifically related to the protests you can email ProtestResponse2020@lapd.online . Individuals can also make a complaint through the Office of the Inspector General at 213 893 6400 or [email] to:oigcompl@lapd.online if email is preferred.

How to File a Complaint
If you would like to file a complaint about an employee of the Los Angeles Police Department, please follow the instructions below.
All complaints of misconduct are accepted, including those made anonymously. You may use one of the complaint forms that can be found in multiple languages at the bottom of this page, though the form is not required. Complaints may be filed with either the OIG or LAPD.

To file a complaint with the OIG, you may:
• Visit our office in person. We are in the World Trade Center, in Downtown Los
Angeles. Address: 350 S. Figueroa Street; Suite 1002; Los Angeles, CA 90071
• Call the OIG.
Phone: (213) 893-6400
TTY: (213) 482-7002
• Send us a Fax.
Fax numbers: (213) 687-7473; (213) 687-7487; or (213) 687-7493
• Email us at oigcompl@lapd.online
• Send us a message via our mobile application, which is available via both Apple
Store and Google Play.
• Mail us a letter at the office address designated above.
• Request to speak with OIG staff at a public meeting of the Los Angeles Board
of Police Commissioners.
• Send us a message via our Facebook page.
• Send us a message via our Twitter profile.
• Comment on our Google Business profile.
To file a complaint with LAPD, you may:
• Call the LAPD’s complaint hotline: 1-800-339-6868TDD 213-978-3500 or send
email to LAPDCMS@LAPD.ONLINE
• Ask to speak to a supervisor at any LAPD station.
• Visit the Internal Affairs website or click on the Complaint Form links below.
• Visit any LAPD Community Police Station and speak directly with an LAPD
supervisor, regardless of where the incident occurred.
Additional Complaint Process Information:
You may also contact your local council district office to file a complaint. Complaints of
misconduct are investigated by the Los Angeles Police Department’s Internal Affairs Group. The Office of the Inspector General can oversee and review all complaint investigations.”

ALSO email the California representatives in Congress. Email the mayors and Governor. Email the LA City Council. If you are a voter in their district, let them know. They work for you. Make them listen to you. Show them you’ll remember at the next election if they ignore this.

You can bet I will be doing all of the above. We need to make meaningful noise here. Without our advocacy, they will assume we deserve this abuse in the future–even though it clearly is shown to violate disability rights laws.

3) Find ways to speak out on your own social media pages about Joshua’s mistreatment (and mistreatment of other people in our community). I have been sharing resources, videos, and action steps. You can use those, and you have my permission to share them.

4) Keep an eye out for the verified and legitimate gofundme accounts of protesters with disabilities. They need help paying for bail, equipment repair, and medical bills following protests. Some may ask, “Why go to the protests if it’s so risky?” People who want to create change and support the equality of Black people, including Black people with disabilities–can do so in a variety of ways. Think of how brave it is though, for those who choose to go to the inaccessible protests. This is not the only way to help, but it should be just as much an option for a person with a disability as it is for an able-bodied citizen. I’ll share info on my social media pages (@ashleybjacobson on Instagram, @legallyabled on Twitter) when I find them.

If you need help with anything, let me know. Email me at legallyabled@gmail.com. Message me on Instagram. Comment on any posts with questions. I’d hate for you not to act because something is in your way. Let me know if I can help remove any barriers in your advocacy process.

Fire Columbus Police Officer Involved in Abuse of Protester with a Disability

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By Ashley Jacobson

On June 21, 2020 there was a man living with physical disability who attended a peaceful protest in Columbus, Ohio. Events took a scary turn when this man had his prosthetic limbs forcibly removed from his legs by police, who continued to attack him violently.

The following is a screen-reader accessible version of the email I sent to the named individuals:

“June 22, 2020

From the office of Ashley Jacobson, Esq., MA, CRC

To Mayor Andrew J. Ginther, ADA Compliance Officer Zane D. Jones, the City of Columbus, members of the City Council for Columbus, and the Columbus Division of Police:

On June 21, 2020 a man with physical disability had his prosthetic limbs forcibly removed and was physically attacked by Columbus police during a protest. I am a disability rights attorney who also holds a master’s degree and nationwide certification in counseling and assessing the needs of individuals with disabilities. Any involved officers’ actions are clear violations of constitutional and disability rights. This not only endangers people with disabilities in your jurisdiction but also implicates related departments and officers who are presently at-risk of private lawsuits and losing federal funding.

The Americans with Disabilities Act (ADA) is applicable to all individuals who meet one of the following criteria: 1. The individual has an impairment (physical or mental) that substantially limits one or more major life activities; 2. The individual has a history or record of such an impairment; or 3. The individual is perceived by others as having such an impairment. 42 U.S.C. §12102. The individual victimized by police on June 21, 2020 is covered under the federally-mandated protections of the ADA as an individual with limb amputations.

The ADA provides a “clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” 42 U.S.C. §12101(b)(1). Title II of the ADA provides that “no individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of…activities of a public entity, or be subject to discrimination by any such entity.” 42 USC §12132. The involved man with a disability was subject to discrimination by a public entity.

The Department of Justice states on its own ADA website that “Title II of the ADA prohibits discrimination against people with disabilities by law enforcement agencies” (read here). This specifically includes language stating that disability discrimination cannot occur by law enforcement when “interrogating witnesses,” “arresting, booking, and holding suspects,” “enforcing laws,” and “other duties.”

Additionally, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against persons with disabilities under “any program or activity receiving Federal financial assistance.” Columbus Division of Police receives federal financial assistance. Section 2000d-7 of Title 42 provides that a “State shall not be immune under the Eleventh Amendment of the Constitution of the United States from suit in Federal court for a violation of section 504 of the Rehabilitation Act of 1973” (read here). Pub L. No. 93-112, 87 Stat. 394 (Sept. 6, 1973). The Sixth Circuit Court of Appeals importantly held that private suits in circumstances of such disability discrimination are not barred (read ruling here). Therefore, the individuals and departments involved in this atrocity of disability discrimination in Columbus can be held accountable and liable under the law.

The targeting of individuals with disabilities by the Columbus Division of Police are far too familiar to the disability community. In the CDP’s own report on use of force from 2018, published in 2019, it was reported that the use of force on individuals with impairments or emotional disturbances accounted for 46.67% of all reported recipients of excessive force (read here). These numbers, as police lack qualified expertise to properly diagnose and assess crisis needs of individuals with disabilities, are likely low when taking into account all the individuals arrested by police who are wrongfully arrested based on misidentifying symptoms of disability as criminal behavior.

Any future similar violations towards people with disabilities will be done with continued clear knowledge of its illegality and will indicate the complicity of all who obstruct harsh and swift accountability against the individuals involved. The disability community is the largest minority in your jurisdiction and the United States. They are voters and consumers. There will be unending consequences to ignoring their cries for enforcement of their legal rights.

Sincerely,

Ashley Jacobson, Esq., MA, CRC

Disability Counselor, Assessment & Accommodations Specialist (nationwide CRC)

Disability Rights Attorney (state of Michigan) & Disability Advocate

legallyabled@gmail.com”

There are other steps you can take to join the fight to hold police accountable in Columbus.

1) Sign the petition found here (also found at the following link: http://chng.it/pnNX9JQy) and share the petition on your social media.

2) Send your own email, make your own call, and/or send your own letter. Here are some great people to contact:

Mayor Andrew J. Ginther: City Hall 2nd Floor, 90 West Broad Street, Columbus, OH 43215; Office phone: 614-645-7671; Email 311@columbus.gov; Twitter: @mayorginther; Instagram: @mayor_ginther

ADA Coordinator Zane D. Jones: ADA Compliance Office c/o Zane D. Jones, 77 N. Front St. Columbus, OH 43215; Email: zdjones@columbus.gov

City of Columbus General council contact: Instagram: @columbuscitycouncil, Twitter: @columbuscouncil

Shannon G. Hardin: Council President—Instagram: @sg_hardin, Twitter: @sg_hardin

Michael Brown: Chief of Staff

Zachary Davidson: Legislative Aide– Office: 614.645.5291; Email: ZGDavidson@Columbus.gov

Linda Capobianco: Legislative Assistant– Office: 614.645.2726; Email: LMCapobianco@columbus.gov

Elizabeth Brown: Council President Pro Tempore—Instagram: @lizclarkebrown, Twitter: @lizclarkebrown, second Twitter: @lizforus

Kelsey Ellingsen: Legislative Aide—Office phone: 614-645-7163, Email: KAEllingsen@columbus.gov

James Carmean: Legislative Assistant—Office phone: 614-724-4649; Email: JWCarmean@columbus.gov

Mitchell J. Brown: Council Member–only available through Denise Friend-Foster and Grant Ames

Denise Friend-Foster: Legislative Aide—Office phone: 614-724-4686, Email: DFriendFoster@columbus.gov

Grant Ames: Legislative Assistant—Office phone: 614-645-4605, Email: GMAmes@columbus.gov

Rob Dorans: Council Member—Instagram: @robdorans, Twitter: @robdorans

Kevin McCain: Legislative Aide—Office phone: 614-645-5829, Email: KBMccain@columbus.gov

Hannah Miller: Legislative Assistant—Office phone: 614-645-5568, Email: HNMiller@columbus.gov

Shayla Favor: Council Member—Instagram: @shaylafavor, Twitter: @sdfavor

Tyneisha Harden: Legislative Aide—Office phone: 614-645-3680, Email: TYHarden@columbus.gov

Charles Newman: Legislative Assistant—Office phone: 614-645-3680, Email: CENewman@columbus.gov

Emmanuel Remy: Council Member—Instagram: @emmanuel_v_remy

Jeffrey Carter: Legislative Aide—Office phone: 614-645-3559, email: jdcarter@columbus.gov

Lucille Frank: Legislative Assistant—Office phone: 614-724-4432, Email: LJFrank@columbus.gov

Priscilla Tyson: Council Member—contacted through legislative aide Nicole Harper and legislative assistant Carl Williams

Nicole Harper: Legislative Aide—Office phone: 614-645-2932, Email: NNHarper@columbus.gov

Carl Williams: Legislative Assistant—Office phone: 614-645-0854, Email: cgwilliams@columbus.gov

Columbus Division of Police:

Instagram: Columbus_police_

Twitter: @columbuspolice

Deputy Chief Bash

Columbus Division of Police
Deputy Chief Bash
Columbus, OH
Map and directions

Office phone: 614-645-4105

Internal Affairs Bureau Citizen Complaints

CONTACT US: To file a complaint (or concern) against Division personnel, please call (614) 645-4880. To file a compliment, contact us at (614) 645-4580. Or, to reach the main Internal Affairs office, please call (614) 645-4745.
You may also reach us via email at IABDeskSgt@columbuspolice.org

Columbus Division of Police

Internal Affairs Bureau Citizen Complaints
Columbus, OH
Map and directions

Office phone : 614-645-4880

Internal Affairs Bureau

Columbus Division of Police
Internal Affairs Bureau
Columbus, OH
Map and directions

Office phone:

614-645-4745

Human Resources Administration
Columbus, OH
Map and directions

Office phone:

614-645-4803

Professional Standards Bureau
Columbus, OH
Map and directions

Office phone:

614-645-4602

Columbus Division of Police
Discipline/Grievance Liaison
Columbus, OH
Map and directions

Office phone:

614-645-7132

Video of the event referenced above can be found by clicking here.

The Vulnerables: Disability in a Pandemic

woman in wheelchair in kitchen — Photo by Marcus Aurelius on Pexels.com

By Ashley Jacobson, Esq., MA, CRC

Disability Rights Attorney, Advocate, Activist

Originally published May 3, 2020

Reviewed and re-published (because, well, it’s still as relevant as ever) on February 23, 2021.

The coronavirus, also known as COVID-19, has sunk its teeth in our daily routines, shaking up our normal practices and forcing us to grapple with its consequences. In those discussions of the COVID-19’s impact, you’ve likely heard repeatedly that there are some people more at risk of contracting and experiencing severe symptoms of the virus. Of those at risk, people with disabilities have often been seen and discussed as “vulnerables” not worthy of preservation, not worthy of mourning, not worthy of access, and not worthy of input. As a physically-disabled disability advocate and attorney, I wanted to explain where that notion comes from, while further promoting that it’s not an accurate evaluation of the worthiness of the uniquely-abled (my invented joke phrase for people with disabilities, which more aptly describes our creative inventiveness and adaptability like super heroes, and is a nod to everyone pushing “differently abled” as a softer approach than just calling us what we want…disabled).

Though disability advocates have fought hard to receive equal treatment as citizens under several disability rights laws, the plight of those with disabilities is far from over. It’s cemented in a well-documented battle throughout the history of humankind, which created a world built to exclude. People with disabilities were isolated (google “Ugly Laws” when you’re looking for a real downer), killed, not trusted, malnourished, shamed, ridiculed, and not educated properly for centuries.

Most families have someone in their family tree who experienced this cruel level of stigma based on disability. I’ve recently learned about a link to this historical discrimination in my own family.

In the 1940s, after barely surviving starvation under Nazi occupation in the Netherlands, my grandmother, her 11 siblings and 2 parents made the trip to the United States. They suffered for years under the Nazi regime, and wanted to return to my great-grandmother’s home country–the US. It took over a year after the end of World War 2 for my great-grandparents to get passports for all of the children. They traveled to the U.S. as a family, but were torn apart when there was a problem with one of the children–Nilah, my grandmother’s sister–at Ellis Island.

Nilah had epilepsy and she was not allowed immediate acceptance into the States.

Many readers may know someone (or be someone) with Epilepsy. If you’re familiar, you’re probably thinking “Why would Epilepsy be a problem when entering the U.S.?” Well, today, it probably wouldn’t be. But after WWII, among the medical community there was a false notion that Epilepsy was contagious, or hereditary, or just plain not what the forefathers would want in this country. So, upon entering the U.S., my great-grandfather was allowed entrance with 11 of the children, including my grandmother, while my great-grandmother and Nilah were holed up in Ellis Island for months. They were tested emotionally and physically in isolation, while my great-grandfather looked for work and cared for 11 children with $400 to his name, while living at my great-great grandmother’s home.

Shocking to no one today, Nilah was not contagious, and after several months was allowed to move with her mother to meet the rest of the family in Philadelphia. But Nilah’s journey with disability wasn’t safe from danger.

Once settled in the U.S., Nilah was taken to a very well-known medical facility and my great-grandparents were told she should receive a lobotomy for her Epilepsy.

In my graduate studies in the disability rehabilitation counseling program at Michigan State University (HIGHLY RECOMMEND THIS PROGRAM), I watched in-depth videos and read about lobotomies. You may have heard of these procedures, which historically damaged the brain using an “ice-pick”-like device (a great story on these linked below).

Though Epilepsy can be a very serious condition, the notion that it would become less serious by damaging Nilah’s brain with a lobotomy seemed unfathomable to my great-grandparents. The day they turned down the lobotomy gave Nilah the chance to adapt in her own way to the world as a woman with a disability (though I wonder if she ever personally identified herself as part of the disability community or if it was just something she thought was unique to her). Nilah went on to have a loving life and family of her own.

But Nilah’s lobotomy recommendation by that doctor still doesn’t sit right with me. Instead of finding ways to healthily incorporate Nilah into the world, or importantly looking at alternatives first, doctors flippantly and far-too-quickly recommended an incredibly dangerous, serious procedure.

But Nilah’s story isn’t unique. People with disabilities have been put in compromising, dangerous situations forever. Into the 1970s, people with disabilities who were completely capable of inclusion in typical society were institutionalized–many in horrific environments resulting in abuse. Willowbrook became infamous for such abuses including lack of nutrition, individuals living in cages, living in feces and human waste, lack of appropriate medical care, overcrowding, under-staffing, and under-valuing people with disabilities including those with Down Syndrome, Epilepsy, Depression, Post-partum Depression, symptoms now-indicating potential Autism diagnoses, and various other conditions fluctuating from mild to severe.

Many of the individuals in institutions like Willowbrook were capable of living among those without disabilities, but were sent to the institutions after their parents were given discriminatory guidance by medical professionals who expected and understood too little. There was a lawsuit (linked below) which held that the individuals living in Willowbrook had their constitutional rights violated, and the major de-institutionalization movement began to emerge. This movement led to major disability institutions “transitioning” its occupants into the community.

But de-institutionalization while valid in theory, was ill-equipped in practicality. There were not sufficient community supports that provided safe housing, education, and jobs for individuals with disabilities who had been segregated from society for most of their lives. From that point onward, many people with disabilities were forced to live on the street. Many were put in situations that left them financially and physically vulnerable. The perceptions of those without disabilities towards people with disabilities was incredibly damaging. They saw people with disabilities as “dirty, homeless, beggars.”

Then, when wars added returned-soldiers with disabilities to the community, the number of homeless individuals with disabilities grew substantially. Sitting on the street, with caps in their hands, begging for money and work–the term “handicapped” was popularized though derogatory in origin.

This societal view towards people with disabilities hasn’t caught up with the actual movement and progress spearheaded by those in the disability community.

Through repeated stigma, discrimination, and seclusion people with disabilities communicated their abilities, their willingness to work, their dreams for a more accessible and inclusive future. Many have proven to be leaders in their communities, and yet, they are still viewed as “vulnerable” and “unworthy burdens” on our system.

This is why, when a pandemic hits, they are seen as less worthy of medical care. When a “normally healthy” person and a person with a disability both are in the running for the last remaining ventilator, the “healthier” one receives it. This is why people with disabilities were terrified of the orders coming from states indicating medical protocols deeming us less worthy of that same medical care. Less worthy, despite being just as influential (if not more influential) as other contributors to our communities. Less worthy, despite also being spouses, parents, and service-members.

In Michigan, Governor Whitmer participated in a disability teleconference this past week which I observed via Zoom (note, “observed”–because actual people with disabilities were not able to meaningfully participate in the discussion and instead agency leaders communicated what they believe the disability community needs during the coronavirus…but that’s to be discussed later). In this discussion, Whitmer indicated that an executive order had been signed indicating people with disabilities as worthy of the same medical access and care as those without disabilities (new post in the works on this). However, it became even more clear to me that the topics we discussed were necessary because stigmas and discrimination against those with disabilities have a long way to eradication.

People with disabilities are still seen as unworthy–still seen as acceptable deaths in a pandemic where many of these deaths could be avoided. Protesters of my state, Michigan, were vocal about this. It’s “only” the vulnerable individuals who will die, and they are likely to die anyway! Coming from one of those “vulnerables” who serves her community day in and day out, I hear you, and you are wrong. Most of us aren’t more likely to die earlier than you outside of a pandemic. We are more likely to manage health conditions, lack of access to healthcare, employment, and education. But more likely to die, more worthy of dying? For most–nope.

However, I recognized that stigma the instant it radiated out of your hateful mouths into your megaphones. It’s not new, its just more brazen. And I’m here to tell you that the disability community is not going away. In fact, we may even be more equipped to surviving the perils of this pandemic than you are. We’ve historically been forced to live for long periods in isolation, on less money for performing the same work as you, with more barriers in our way built by those who dismissed our existence–yet, we’ve remained.

We are not just worthy. We are just as worthy as you are.

Resources:

NPR story on lobotomies

NY ARC v. Rockefeller

Law Students with Disabilities: disability and character and fitness

People with disabilities have proven over the years that they can achieve great academic and vocational success. With the rapid increase in disability diagnoses, and the extension of academic resources and accommodations, students with disabilities are able to demonstrate their vast knowledge and abilities. As such, our world is filled with high-achieving professionals with disabilities.

Unfortunately, professional systems haven’t caught up with the times. Law students with disabilities face more discrimination than most professionals, because part of becoming a lawyer is passing the bar exam, and part of that process is passing the character and fitness portion. Law students are forced to disclose disabilities (mental and physical) and at times medical records, to prove to strangers on the character and fitness evaluation team that they are of good moral character to represent others. By requiring this information, the Bar is assuming that disability is a negative thing–something that students must attest to while proving that “despite their disabilities they can be great lawyers.”

But why does the Bar take that approach? You see, if any person would be a great lawyer, of good character, it would be a person with a disability. People with disabilities face challenges on a daily basis. They are forced for long periods of their lives to adapt to hurdles thrown their way, and compensate for their differences. They understand the ups and downs their clients face–because they have thrived in the face of stigma and discrimination–and they have succeeded in achieving their goals. They have become accustomed to the unpredictability and are quick to problem solve. People with disabilities are persistent and resilient by nature, and have worked incredibly hard to be respected in schools and the workplace.

But the issue of passing the character and fitness evaluation is terrifying law students with disabilities everywhere. Because the thing is, you pay hundreds of thousands of dollars by the time you have finished your legal education, you work hard to ace your exams, you walk across that stage at graduation, and then months later, the state bar decides if you are of good character despite your disability. This is on its face, discriminatory.

A law student at my law school (though at a different campus) is taking a monumental step in suing the Florida Bar based on its issues with his mental disability. This is a veteran, who served our country by working with explosives, who our country deemed was of good enough character to defend our freedom. Yes, like many veterans he came back from a deployment with a mental illness. He dealt with life or death situations while deployed and it’s reasonable that someone in that vocation would return with mental illness. Complicating matters further, he was going through a divorce–known as one of the most mentally straining processes for anyone. Also like many veterans and others dealing with especially stressful and personal life issues, he coped for a period of time by drinking too much.

This student did the right thing by asking for and receiving help when he needed it. He received treatment for adjustment disorder and substance use disorder from the VA medical center. He has been actively going to therapy and maintaining his mental and physical health consistently for a long period of time.

So, in return for asking for help and consistently treating his understandable mental health concerns, when this veteran tried to find a different career serving this country in an alternative way (serving citizens with legal needs), the Florida bar creates a fury of discrimination armed with stigmatic attitudes. They want him to pay thousands of dollars to provide even more medical documentation than he already submitted, and have him

This is an issue that needs to be resolved, and quick. Because the ADA and other related laws dictate that people cannot be discriminated against because of their disability. Disability is a protected class, a class of people who have been historically and systematically discriminated against. For that reason, to right the historical wrongs, the ADA and IDEA and the Rehab Act all were created to dismantle this wrongful discrimination. Yet, the ABA and state bar’s haven’t followed suit.

They have, however, tried to shield themselves from an ADA violation by “encouraging” state licensing boards to focus on the behavior of the law student instead of their diagnosis specifically. However, it is frequent that behaviors can be explained by a specific diagnosis. Without explaining the diagnosis, behaviors can seem confusing to a licensing board. Notably, these licensing boards have infrequent experience with people with disabilities.

Law students with disabilities not only have to prove and substantiate their diagnoses to their law schools to receive reasonable accommodations, they have to do the same for the MPRE, the bar exam, and the character and fitness evaluation. In this sense, they have the cards stacked against them. They remove card by card, proving their character and persistence again and again, in hopes that when they graduate they have a seat at the table. But often, the people who evaluate students with disabilities are hired to evaluate them against their peers without disabilities. They say, “clearly if this student got As in law school, they don’t need accommodations on the MPRE/bar exam because even though this student received appropriate accommodations in law school, compared to the average Joe they still would’ve passed.” The purpose of accommodations is not to pass or beat the average Joe. The purpose of accommodations is that the student can showcase their knowledge in a way that others without disabilities can see.

In this way, students with disabilities are being academically handcuffed by the very institutions that could benefit from their being accepted. Lawyers with disabilities have the unique capability of empathizing with clients, lawyers, judges, etc. They have had to advocate for themselves and their peers repeatedly throughout their lives, and as lawyers advocate and are active participants in legal organizations.

People with disabilities live life differently–they don’t live life incorrectly. For the state bar, the ABA, the MPRE evaluation committee, and law schools to assume that based on past challenges that were addressed by correct treatment, an individual is not of good character is discriminatory on its face.

Disability is one part of a person, it is not the whole person. To not allow a student with a disability to become a lawyer after he addressed and treated his disability is just plain wrong. Who can better serve clients going through hell, than a lawyer who went through hell and came out on the other side?

If the people evaluating individuals with disabilities for the character and fitness see a disability (mental or physical) as guilty of bad character, and make the student prove otherwise, the evaluators are not go good character themselves.

We need to encourage, accept, and support law students with disabilities. However, to historical legal systems apparently that is too much to ask. So at a minimum–just don’t discriminate.

Additionally, this level of discrimination discourages treatment. If you seek help for mental illness, you could be denied your dream career–so you don’t get help. Lawyers are known for heavy drinking and substance abuse. It’s a massive problem in the profession, so much so that law schools are talking with law students about it at their orientations. In fact, if many lawyers practicing in the field for years had to be once again evaluated for their character and fitness, they would fail. In this sense, the ABA and the state bar are not encouraging present or prospective attorneys to seek treatment out of fear of losing a career they worked so hard to obtain. They are also denying respect and fair treatment to students with disabilities, most of which are young and haven’t had decades to prove their stability, but have this used against them that they haven’t been managing their condition long enough for the bar to determine them to be of “good character despite their disabilities.”

It’s time for change in the legal profession, despite the system kicking and screaming in an outdated protest.

To read more about the case referenced above and the ABA recommendations:

http://www.abajournal.com/news/article/ada_lawsuit_about_florida_bar_examiners_mental_health_requirements/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

http://www.abajournal.com/news/article/house_urges_bar_licensing_groups_to_tread_carefully_when_asking_about_menta

Autism Awareness Month: Tips for Sharing while Caring :)

Happy Autism Awareness Month!

Every year around this time I get the joy of seeing many of my friends and family sharing their enthusiasm and interest in disability advocacy and it warms my heart and makes it grow at least 10 times. With that said, there are some things I want people to keep in mind when they want to share their support for those on the autism spectrum.

Keep in mind person-first language. Someone is a boy/girl with a disability, or a boy/girl with autism, or a boy/girl who is on the autism spectrum. It is not okay to refer to someone as “autistic” unless they say it is okay to do so. The reason behind this: a person is not his label. He is a person, first.
Be aware of the organizations you are promoting, and their main messages. There are many organizations who have done wonders in increasing awareness about autism but some of the most well-known autism organizations do not sit well with people who actually have autism. The reason behind this: there are major organizations that have an autism focus, that focus on researching to find a cure for autism. To my students, clients, friends, and family on the spectrum this comes across like an insult. One of my prior counseling clients put it best when he said, “saying I need a cure is saying there is something wrong with me. I’m not like everyone else, but just because I’m different doesn’t mean being me is wrong.”
Showing your support on-line and through social media is awesome. Including people with autism in your day-to-day life is even better. Take steps to make your clubs, businesses, organizations, parties, and events inclusive to people with disabilities. If you need help with this, shoot me an email!
Keep an open mind. People present any difference or disability in a unique way. For some, you might be very surprised to learn they have a disability. For others, their disability may be more apparent. It doesn’t mean they deserve more/less support or more/less understanding. Autism (like most differences and disabilities) operates on a spectrum and is unique to the individual. There is no right or wrong way to present your differences, but there are ways to help someone with a disability to acclimate to a new job, school, or social group. There are also simple ways to show patience throughout your daily life with strangers because as the old saying goes: “you never know what someone may be going through.”
Children with disabilities grow up to become adults with disabilities. There are so many wonderful resources for people with autism and other disabilities, and I encourage you to look into great programs for adults who are on the autism spectrum. In Michigan I have worked with the BOND Program at Michigan State University, ASPPIRE, and other amazing transition and vocational programs for adults who have autism. There is such a need for more support of these programs. People with autism can be capable, hard-working individuals that light up their communities and make contributions socially and vocationally. Show your support for continued growth and opportunity by contributing to these programs!

With all that said, I am eternally grateful for the disability awareness taking place this month and as always commit to spreading awareness year round. Light it up blue!

Thanks for caring and sharing 😊

Ashley Jacobson, MA, CRC

legallyabled@gmail.com

Victims with Disabilities (Part 2): The FACTS and Numbers

I previously posted a podcast about victims with disabilities, after having provided a training to the Ingham County Prosecutor’s Office on how to best approach a case involving a victim with a disability. This is part 2 of the Victims with Disabilities series of the Legally Abled Podcast, where I provide the actual statistics on victims with disabilities in the U.S. If you are a person with a disability or you know and care for a person with a disability, it is important that you know what the current state of victimization is involving people with disabilities. Once you know how prevalent this problem is, you can start to understand how important it is to arm yourself with legal and practical knowledge as to how you can best protect yourself if you are ever faced with this situation.

If you have any questions regarding people with disabilities, or are interested in having me provide a training on navigating life and the law with disabilities please feel free to reach out at legallyabled@gmail.com.

Please listen, subscribe, and review this podcast on the Apple Podcast app (which is pre-downloaded on Apple phones–it’s a purple App icon labeled “Podcasts”)! For those without iPhones have a listen at the end of this post! I also am very open to answering questions on the air if you are interested in sending me questions to discuss on the podcast!

Thank you for your continued interest and feel free to pass along.

Ashley Jacobson, MA, CRC

legallyabled@gmail.com

“I Can and I Will:” accessibility on Fixer Upper

For a family that consists of a person with a disability, accessible housing is often at the forefront of their minds but unattainable until their wallets catch up with their needs. In a world that is still largely built for the typically able-bodied, it is challenging to find a house that is accessible. When you can’t move freely around your home, can it really feel like a home?

A couple of weeks ago on the television show Fixer Upper, Chip and Joanna Gaines worked with the Tim Tebow Foundation to renovate a house for the Copp family. The Copps have two young boys, Calan and Lawson, who use wheelchairs for mobility. After Tim Tebow meets with Chip, the show catches steam with Chip, Joanna and Tim meeting the Copps at a baseball diamond. I loved how the boys were shown playing baseball and being active. So often when shows involve people with disabilities and it has a charity angle, they tend to make the people with disabilities look needy to garner sympathy for the people with disabilities and pride for the charity. It was nice showing how empowered and able the boys are, as it showed them doing a typical but cherished childhood activity. It also shows how with the right accessible technology and equipment, people with disabilities can do the same activities as the temporarily able-bodied.

As the episode goes on, Joanna shows the parents the mock-up of the renovations they want to complete for the house. Some accessible aspects of the home: ADA accessible bathrooms with lowered sinks and mirrors that tilt so they can provide a lower angle for the sons who sit lower to the ground in their wheelchairs; a separate lower sink in the kitchen; a table that allows users of wheelchairs to pull right up to it height-wise; hallways wide enough to have wheelchairs pass through without it being too tight; ramps to get in and out of the house; posts and handrails that allow the boys to stand, move and play; and wheelchair-accessible van storage space. The show also highlights an inspirational message in one of the rooms to encourage the boys to continue to grow (*hint* it’s in the title of this article).

This show really exposed the needs of a family that includes people who use wheelchairs. I loved the overall feel of the show. It was a feel-good episode for sure, but it had a very empowering angle. Without giving away spoilers, the show ends with the boys receiving a remarkable backyard that allows them to use their space to their maximum ability and desire. The show brings about an important issue though—a family that has a person with a disability has an unending amount of expenses. Too often, people with disabilities are forced to “make it work” in an environment they were living in prior to acquiring a disability—even if that environment is unsuitable or completely unworkable. A father who uses a wheelchair shouldn’t have to eat in the living room because the dining room table is too short/tall for his wheelchair to fit. A person with a disability shouldn’t have to be carried around their own house when they have the independence through the use of assistive technology to move around on their own. While the Tim Tebow Foundation did a wonderful thing in funding this renovation for the Copp family, the vast majority of families that have a person with a disability in them are forced to pay large amounts of money with or without insurance, even with assistance from government or other financial-assistance programs.

This is why accessible buildings, homes, and other structures must become the norm as opposed to the exception. We must continue to advocate for accessibility, and for reasonable pricing for making a home, car, or other device/structure accessible. Being able to navigate this world with a disability should not be considered a luxury—it is a right. I for one am grateful for shows like Fixer Upper for showing this angle of living with a disability.

Thank you,

Ashley Jacobson, MA, CRC

legallyabled@gmail.com

For details on the show’s episode mentioned above, click below:

A detailed review of the Copp family’s episode

Person-first language (and the “R word”)

In a culture where there is a clear divide between those who just want to “stop being sooo politically correct” and those who want to make sure they are being respectful, it can be challenging to know what to say (and what not to say). It becomes even more of a challenge when you are attempting to talk about a population of people or a person in particular, and you are not 100% sure on the right terminology to use.

So, hopefully this post will clear things up a bit when it comes to discussing a person with a disability and why this topic matters.

So first—why does what you say matter? Language is one of the most significant indicators of emotion. Language dictates how you process the thoughts, feelings and actions of another person in your brain. Language is used in gathering your perception of others and your environment.

Language directly affects how you treat others, because it demonstrates how you think about them.

Historically, people with disabilities have been (wrongfully) perceived as weak, pitiful burdens in our society. From the “handicapped” label first used to describe homeless veterans with (what we now know as) Post Traumatic Stress Disorder, who were sitting on the street with their “caps in hand” asking for money, to the middle-schoolers (and many adults) using the “R word” to make fun of their friends when they are acting stupid, our society has made it very clear that it was deemed socially acceptable to stigmatize people with physical and mental differences.

I have worked with the disability community for over a decade. In seeing many challenges my clients faced involving the legal system, I decided to go to law school. I am a law student, and I complete my studies this August. In my current law school program, which I have loved, I have encountered professors, classmates and administrators who (knowing our school has students with disabilities in attendance) talk about people with disabilities like trash. A professor in a class I greatly enjoy, in response to me saying I want to represent people with disabilities, said, “Oh, you want to represent the meek and pathetic.” To which I did not hide my shocked expression as he quickly moved on to the next topic.

I have many professors who are socially conscious, and respectful towards students and other people with disabilities. But, I also have heard professors refer to accommodations as “special treatment” and refer to people with mental illness as “crazies” while rotating their index finger in a circle next to their head. These are accomplished, intelligent, highly-educated professionals. Yet still, training on disability appropriateness and inclusion has not been emphasized in their studies. These are attorneys and professors who represent and teach people with disabilities on a daily basis, even if they don’t know it. They aren’t bad people. They’re just misinformed and desensitized based on societal conditioning that people with disabilities aren’t worthy of respect.

This stops right here, right now. It never was, and never will be acceptable. This is not a recommendation, but a requirement. This is a heads-up that what you say matters, and if you use offensive language you won’t be accepted, and it isn’t cool.

Over 52 million people in this country have been diagnosed with a disability—over 2 million people in Michigan (where I live).

Disability is part of the human experience. It’s not grim, but it is the truth that at some point in your life you will have a disability. If you haven’t yet, it could happen tomorrow or in 20 years. But you cannot deny that at some point, as you age, you will face trauma and change, physical and emotional. In living life, you are putting your body in a position where it wears down over time. You will experience unpredictability in your life and you will have to learn to accept it, adapt to it, and thrive with it.

In that moment, when you are likely dealing with extreme physical and emotional changes, and grieving over abilities lost and limitations imposed, would you want to be insulted or would you want to be respected? You wouldn’t want people to categorize you as a burden, or incapable, or unworthy—because you are not any of those things simply because of a physical or emotional disability.

You’d want to be seen as a person, first and above all else.

This is where the person-first language shift began. The disability community and its advocates decided that someone needed to display how to appropriately talk to and about people with disabilities.

First, you call the person by his/her name. If the disability is not relevant to the conversation, it is not necessary nor appropriate to attach it to your description of the person.

When disability is relevant to the conversation, use person-first language. Instead of saying “disabled man” say “man with a disability.” Instead of saying “schizophrenic” say “woman with schizophrenia.” It takes practice to get in the habit of using the right phrasing, but it’s important. You are literally and semantically putting the person first. This emphasizes that person, their abilities, and their individuality over any disability that might follow.

Person-first language should be your foundation. If the person with the disability prefers you to use other language or phrasing, always comply with what language they feel comfortable with, but NEVER use the “R word.”

Let’s talk about the “R word” for a minute. The word “retarded” was part of a clinical diagnosis (mental retardation), that our society deemed an insult for someone they perceived as stupid, irrational, or ridiculous. So, our society decided to use this part of the clinical diagnosis, not toward those with a diagnosed intellectual disability, but instead towards people without disabilities as a way to criticize or ostracize them.

Because our selfish, rude, and ignorant society twisted this clinical diagnosis into such a horrendous insult, the word lost its original meaning completely. The word became a weapon instead of a condition. A simple word began to carry so much hate and stigma in its delivery, that this large community of people with disabilities had to actually protest and advocate that medically and legally the word be removed.

To anyone out there who responds to a request to stop using that word by saying, “but technically I am right, because that’s what doctor’s use,” you’re wrong. You’re also (likely) not a doctor. It is not used in laws, textbooks, nor in practice. You have a brave girl named Rosa to thank for that. Rosa’s law was passed in 2010, and if you want to read the actual law that was passed, you can find it here.

Rosa was a strong, smart, driven young girl who decided that she was tired of being made fun of, and tired of others using the “R word” to make fun of others. With the support of many senators, representatives, and public advocacy campaigns, Rosa took this change in language into her own hands and asked the government to remove the “R word” from its laws. Rosa was successful in achieving this goal, after “Rosa’s Law” was signed and approved by former President Barack Obama in 2010. Additionally, after seeing the mess that was the movie Tropic Thunder, the “Spread the Word to End the Word” campaign spread the message that using the “R word” to make fun of someone in the media and socially is unacceptable.

Most importantly, if you are wondering other reasons as to why you should not use the “R word” besides it being technically incorrect, offensive, and ignorant, you just shouldn’t use it because people with disabilities don’t want you to. It’s that simple. Be a decent human being to other human beings. You will someday be in their shoes, and you’ll want someone to show you empathy and respect when that happens. But even if you are the rare exception that is not going to have a disability someday, it takes more energy to spread hateful language than it does to just be decent.

For these reasons, you also want to be really aware of how you perceive people with disabilities. This is where it can get tricky for many people without disabilities, because you may not be using words that you find to be offensive, but you are inadvertently mislabeling or stereotyping a person with a disability.

You may mean well when you say someone is “inspiring” simply because they are living with a disability. But when you say that someone is inspiring for doing things that a person typically does each day, it’s more than a little condescending. We know, you are acknowledging that there may be more things a person with a disability has to do to achieve the same results you can in your day-to-day activities. But when you say that someone is “inspiring” or “overcoming her disability” in doing typical daily functions, you are also sending the message that her life is so awful and unimaginable, that she must have to overcome her horrible circumstances. Don’t be patronizing. Be respectful.

What does it boil down to? People with disabilities don’t want your pity or sympathy. They want your respect and empathy. When you say someone is “suffering with…” or “overcoming…” or “confined to/by…” you are invoking feelings of pity, your inclination is to feel sorry for that person. It’s like saying, “his life is so awful, he is suffering/overcoming/confined by his disability.”

Instead, you can use (when the disability is relevant) “sustained a brain injury,” “diagnosed with…” or “living with (insert disability here).” This language normalizes disability, instead of dramatizing it. Disability may be part of that person’s life, but it’s not their whole life and it certainly is not who they are. People with disabilities adapt to their differences, or even utilize their differences to become successful.

I appreciate those who have stuck with me here. This is a good cheat sheet I use in many of my presentations:

Also, keep in mind that certain disability populations take pride in their label because they do not see it as a stereotyped label but instead use the term as a way of indicating a community of like-experienced individuals. Person-first language should always be your starting-point—your foundation. As I stated earlier, if the individual states he wants you to refer to him in another way, it’s okay to refer to that person using the term he has provided. Always start back at these guidelines though with new people that you meet.

Thank you for caring and sharing.

Ashley Jacobson, MA, CRC

legallyabled@gmail.com

Appropriately assessing a situation involving a person with a disability

Following my last post, you may be wondering, “so where can I start?” Start with changing your instincts in how you assess a situation. When you see someone crying, screaming, losing emotional control, are they hitting themselves? Are they repeating certain phrases over and over? Are they disoriented or confused about where they are or who they are speaking with? Are they using the same language repeatedly when asked questions, showing frustration in not being able to explain the situation? Are their sentences disjointed and shortened?

Of course, as people with disabilities are people first above anything else (and I’ll be diving deep into person-first language soon), they are just as unique and individualized as any other person on the planet. But, if you take the time to quickly assess the situation BEFORE responding, you might see common indicators of a disability. And your best bet if you cannot tell—ASK. You don’t have to outright ask if the person has a disability. Talk to the person in a calm voice. Ask them what’s going on, if they need any help, what they are feeling, what they need.

However, (and I cannot emphasize this enough) do not ask them more than 1 question at a time. It sounds simpler than it is. In everyday communication, we rarely ask one succinct question and wait for an answer. It’s conversational to ask, “How’s it going? What’s going on?” or “What’s your name? Can you tell me why you’re upset?” But to many people with disabilities, before they can answer the first question, throwing another question at them only diverts their attention in a different direction and can quite literally block their brain from processing the information they need to give to respond to any of your questions.

Ask these questions before approaching them. Ask if they need space, and if they do, have an area they can safely go while the situation is being resolved.

Above all else, don’t threaten. Don’t say “do this, or you can’t leave,” or “if you don’t do what I say, I’m taking you to jail.” Those statements may be the truth, but you are much more likely to de-escalate and solve the problem at hand quickly if you try to remove the tension from the situation. Some people with disabilities can be susceptible to extra anxiety and vulnerability. They may not be physically or mentally capable of doing what you are asking, and when they realize this, and cannot communicate that to you, it can escalate the circumstances until everything spirals out of control. Always listen, and not just to verbal cues but nonverbal ones (hand motions, facial expressions, guarding behavior, rocking, etc.). These are small but monumental changes to your approach that can really make a difference.

There are always emergencies that are to be handled differently—but make sure you are correctly identifying the situation as a real emergency. It may not be as urgent as you initially believed once you follow the approaches I’ve given above. Take the time to listen, and provide alternative methods for communication. If the person is not responding to you, ask if they want to write down or type what is going on. Provide an interpreter or translator whenever possible. Ask if there is someone you can bring to help explain what is happening. Your conventional methods for how you communicate or respond in a situation are not everyone’s and they may not even always be the best way to respond. Be open to differences and you’ll be more likely to correctly assess the situation.

For a detailed consultation on responding to situations involving a person with a specific type of disability, please feel to contact me at legallyabled@gmail.com for an individualized consultation.

Thank you,

Ashley Jacobson, MA, CRC

Legallyabled@gmail.com