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The Whole Person
Matthew Westra
(Summer 2012)
Civil Rights Movement & Legal Issues


READINGS: See Syllabus


Civil Rights

“In reclaiming “cripple,” disabled people are taking the thing in their identity that scares the outside world the most and making it a cause to revel in with militant self pride” (No Pity, p34)

The "Ugly Laws"

“No person who is diseased, maimed, mutilated, or in any way deformed so as to be an unsightly or disgusting object, or an improper person is to be allowed in or on the streets, highways, thoroughfares or public places in the City or County of San Francisco” was not allowed to “expose himself or herself to public view” or would “be deemed guilty of a misdemeanour; and…punished by a fine…or by imprisonment in the county jail.”
Ugly Laws were on the books across America: San Francisco, Columbia OH, Chicago, Omaha, etc.
The last arrest was in 1974 in Omaha, of a homeless person, justified by his having scars. The judge threw it out.

Eugenics:

From No Pity:
"The Rise of Institutionalization
   For the first half of the century, Americans with mental retardation (called "idiots" or "feebleminded"), mental illness, cerebral palsy, and, until as late as the 1940's, those with epilepsy, were viewed as a menace that threatened to lower the health and intelligence of future generations. As a result, these people- with disabilities that were not fatal - were segregated in isolated institutions. There they lost control of their lives and their liberties, solely by virtue of their disability. Often they faced involuntary sterilization. Oliver Wendell Holmes may have been one of America's most distinguished jurists, but even he voiced the standard prejudices of the day. "it is better for all the world, if instead of waiting to execute degenerative offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind," Holmes wrote in the 1927 Supreme Court majority ruling in the case of Carrie Buck. Doctors at the State Colony for Epileptics and Feebleminded of Virginia, where the eighteen year old woman was a resident, had sought to sterilize her after she had given birth to a child. Buck's own mother lived in the same institution. (Both Buck and her daughter, and probably her mother as well, were of normal intelligence. But poor women thought to be incorrigible - like Buck and her mother, who both gave birth to illegitimate children - were often institutionalized and written off as "feebleminded.") Wrote Holmes: "Three generations of imbeciles are enough!"
      Nazi eugenics experiments, however, largely discredited such thinking, and following World War II a new approach, thought to be more humane, emerged. Such disabled people were no longer treated as threats but as patients. They were considered sick people in need of help, education, and correction, not elimination."  (Shapiro, pgs 158-9)

One of Hitler's first acts as the new Chancellor or Germany was to enact a law to sterilize the "unfit".
Over the decades, the USA sterilized 65,000 Americans, often without their knowing the effects of the "operation."
Within the first 2 years of the German law, they sterilized over 250,000. (Bruinius, Harry (2006))

Read pgs 271-273 of No Pity

Social perspectives changed, as did medical ones.

We were shamed out of the potential of eugenics by seeing it carried out on a massive scale.
  An arguably good idea, with impossibly evil complications in its application..

Movement shifted toward rights, civil rights legislation, inclusion.
       Sit in: read No Pity pgs. 127-128, 130
            (Context: Jennings is a rehab. professional. Bob Kafka has paraplegia and was founder of ADAPT, a civil rights group.)
  
Read No Pity, Pg. 64-65. "legislative afterthought"

Along with the Civil Rights Movement, the Humanistic perspective that came to dominate psychology and spread it's influence on the popular psyche as well helped with the idea that we should treat people as people regardless of individual characteristics that might be labeled: skin color, sex, disability, etc.

North Carolina - $50,000 in compensation for victims of "forced sterilization." January 11, 2012
http://www.npr.org/2012/01/11/145020753/payment-determined-for-n-c-sterilization-victims

Can it happen today? 
Court (fortunately) strikes down an order to a woman with mental illness to abort her current pregnancy and be surgically sterilized - January 17, 2012.
http://articles.boston.com/2012-01-18/metro/30634486_1_previous-abortion-pregnant-woman-appeals-court


Paradigm Shifts:
definition:  "a philosophical and theoretical framework of a scientific school or discipline within which  theories, laws, and generalizations and the experiments performed in support of them are formulated."
  (Merriam Webster's' Collegiate Dictionary 10th Ed.)

David Robinson's Independent Living Philosophy
(Mr. Robinson is Executive Director of The Whole Person, Inc.)

"Independent Living (IL) is not a model for social service delivery. IL is a way of life, an attainment of one's life potentials. It is the ability to assimilate into any mainstream social setting. It is the right to make one's own choices and to steer the course of one's own life. IL is nothing less than being fully integrated into one's community of choice as an equal participant. Everything else is details." (Feb., 2009)


While it is easy to voice the assumptions and values or the new paradigm, it is another thing to embrace it, to own it, to live it.

How do we give up the standard ways of thinking?
Is it necessary to discard the old & familiar, or can we just tweak it?
How do we abandon our "culture" and  transition to another?

Stages of Change:

 We don't change except in response to pain and discomfort. Pain Motivates.



Major Laws Regarding Disability:
        (Source: Mackleprang & Salsgiver, pgs 44+)

National Defense Act of 1916
    Focus on training disabled vets of WW I so they could compete for jobs.

National Rehabilitation Act of 1920
    Created a cost sharing policy between states and federal government to pay for the National Defense Act of 1916.

Social Security Act of 1935
    Established permanent public assistance for the elderly, blind persons, and children with disabilities.
    In 1956 Congress enacted the SSDI (social security disability insurance) to pay out depending on a person's prior paying into Social Security fund.

Rehabilitation Act of 1973
    Eliminates "Creaming" for services - ALL people with disabilities get services.
    Creates IWRP - Individualized Written Rehab Program - ensuring consumer input.
    Section 503 Required all entities contracting with the Federal Government in excess of $2500 to establish affirmative action programs with regards to disability.
    Section 504 Set foundation for ADA of 1990 - guarantees employers contracting with Federal  Government cannot discriminate against persons with disabilities.

The Equal Education for All Handicapped Children Act of 1995 (or IDEA: Individuals with Disabilities Education Act)
    AKA: by it's original number: PL 94-142
    Stipulates education provided for ALL children 3 through 21, individualized, appropriate for need, free to family, least restrictive environment, w/o stigma or discrimination.
    Provides for IEP - Individualized Education Program

The Americans with Disabilities Act of 1990 - The ADA
    Landmark Civil Rights Legislation
    Readings addressed much of the materials here.
    * ADA Amendments of 2008 - Broadened some of the definition of terms within the definition of Disability.
        (if you are interested, see the Job Accommodations Network article on updates at this link: http://www.jan.wvu.edu/bulletins/adaaa1.htm 

DISCUSSION:
Ashley's Treatment -
Source Article: Ashley: Treatment to Stunt the Growth of a Severely Developmentally Disabled Girl. 







Some Sources:
Bruinius, Harry (2006) Better for all the world: the secret history of forced sterilization and America's quest for racial purity.  Knopf.



Last Modified June 24, 2012