Congress recognized governmental paternalism

CONGRESS FOUND IN 1990 THAT DISCRIMINATION AND INSTITUTIONAL BIAS
EXTENDED TO STATE AND FEDERAL GOVERNMENT AGENCIES - RSA IS PROVING
THAT IT STILL DOES

In 1990, when Congress passed the Americans with Disabilities Act, they
found that the historical isolation and segregation of millions of people
with disabilities was a serious and pervasive social problem. They
recognized that discrimination against these individuals persisted in
critical areas of life, and that those who experienced such discrimination
often had no legal recourse. 

Congress found that individuals with disabilities continually encountered
various forms of discrimination, which included outright intentional
exclusion and overprotective rules and policies. They found that
individuals with disabilities had been subjected to a history of
purposeful unequal treatment, and relegated to a position of political
powerlessness in our society. 

Congress knew that the discrimination and institutional bias that Congress
found to exist in 1990 extends to state and federal government agencies.
We believe that it still does. We know that it does in the state of
Indiana. We also know, without question, that RSA knows this. They have
acknowledged it just as repeatedly as they have told us that theybre not
going to do anything about it. 

Twenty-five years ago, in a report published by Justin Dart, Jr., Lex
Frieden warned of changes to come, changes which he said would result in
most Centers for Independent Living turning into service providers,
becoming little more than part of the establishment they were intended to
improve or replace. 

Part of Frieden's concern was that the federal government would impose
stricter controls, and try to standardize a program that was intended to
be a reflection of local communities of people with disabilities, who
would be empowered to impact changes needed at state and local levels. 

In a report funded through the U.S. Department of Education, ILRUbs
Quentin Smith said that Centers became less aggressive in advocating for
significant changes when they feared retaliation that might include loss
of funding. 

We believe that what these prophets and visionaries warned us all about
has come to pass, not just here in Indiana, but in other states as well,
and that RSA is seemingly powerless to do anything to do anything about
it. Even more troubling is that it appears they are uninterested in even
giving it a try. 

After they passed the ADA, Congress passed amendments to the
Rehabilitation Act which created Statewide Councils on Independent Living,
which were supposed to be consumer-controlled, autonomous and not subject
to control or influence by any government entity. 

In Indiana, in flagrant violation of Title VII and the intent of Congress,
the SILC is under the total control of state government. RSA knows that
this is true. We have provided indisputable evidence that this is true.
They have acknowledged that it is true. 

SILCs were supposed to be a means by which people with disabilities could
influence state government to make the kinds of changes necessary to
eradicate the institutional discrimination Congress had recognized. 

In Indiana, any individuals or organizations who advocate for systemic
change are subjected to blatant retaliation. In our case, that has cost
our constituency nearly 5 million dollars in funding earmarked for our
people.B RSA knows that this is true. We have provided indisputable
evidence that this is true. 

These councils were supposed to provide leadership, to empower people with
disabilities with information and access to decision makers. 

In Indiana, the council is made up of individuals who have absolutely no
interest in informing or empowering anybody other than themselves. RSA
knows that this is true. We have provided indisputable evidence that this
is true. Citizens with disabilities from throughout the state of Indiana
continue to report ongoing fraud and corruption within Indianabs
independent living program. 

RSA spent more than 6 month investigating Indianabs IL program, beginning
in January of 2002 and culminating with a week long review back in May of
2002. The report of findings from that review, issued in January of 2004,
clearly showed that the state of Indiana has openly violated not only
Title VII, but the ADA and other federal laws, not to mention the bounds
of human decency. 

The state of Indiana has had no intention of coming into compliance with
those laws, and has been falsely certifying to the federal oversight
agency for a very long time. 

It has been said that what is happening in Indiana is the best example of
the worst that can happen when the federal government fails to provide
adequate oversight of programs that Congress has created with the best of
intentions. We aren't the only ones who believe that this is a sad truth,
and that something must be done about it, immediately. 

Centers for Independent Living were supposed to be consumer-controlled,
were supposed to address whatever issues and concerns were deemed most
significant by its local disability community. That ain't happening so
long as the state or the feds can impose artificial measurements based on
bogus critera that have no meaning in the lives of real people. 

So long as funding is based on 'building relationships' and supporting the
status quo, the revolution that the IL movement was supposed to generate
will be nonexistent. Some have proposed that a revolution within the
revolution is the only way to rid independent living of the governmental
regulation, control and paternalism that has all but ruined the
independent living movement. 

That's the secret that people will only talk about when nobody's watching
or listening.