CONNECTION: THE ADA AND RSAS ACTIONS

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 certainly know 
that it does in the state of Indiana. 

We also know, without question, that the Rehabilitative Services
Administration of the U.S. Department of Education. They have
acknowledged it just as repeatedly as they have told us that they're not
going to do anything about it.

RSA has told us that our recent review was the result of random
selection, and perhaps that's true, although we have information that
give sus good reason to believe otherwise. But it's no secret that 
we have been actively demanding that RSA do something about the ongoing
fraud and corruption in this state, because not only has it hurt not our
centers, our immediate constituencies, but people with disabilities
across the state - indeed across the country.

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 his 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, ILRU's
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.

Everybody Counts has persistently advocated, truly advocated, not just
by writing letters but by taking action, for changes in archaic state
systems that provide some of the best examples for the reason that the
ADA was written in the first place.

The record clearly shows that we, along with anyone else who is fighting
for real change, have been subjected to retaliation that under Title
VII, should require the RSA Commissioner to act. We can't even get a
phone call back to explain why nobody is doing anything about the
blatant fraud and corruption going on in Indiana's IL program. 

It has been said that what is happening in this state 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 believe that this is a sad truth, and that
something must be done about it, immediately. 

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.

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.  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.

Our agency, and citizens with disabilities from throughout the state of
Indiana, continue to report ongoing fraud and corruption within
Indiana's independent living program. RSA knows that this is true. We
have provided indisputable evidence that this is true. But RSA has told
us, repeatedly, that they don't even want to talk about this situation,
let alone do anything about it. 

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

Everybody Counts has paid dearly for RSA's inability or unwillingness to
take appropriate action against those who are flaunting federal law.

Our history dates back to 1981, the International Year of Disabled
Persons. Since our incorporation 1986, we have worked with thousands of
people with disabilities of all ages, shapes, sizes and colors.
We are all very proud of what we have managed to achieve together, while
trying to survive with less than minimal funding and even less
cooperation or support from those charged by federal law to provide it.

In following federal law and meeting the intent of Congress, we have
openly and steadfastly persisted in demanding that the state cease its
institutional bias against people with disabilities.  That hasn't made
the state too happy, nor those who are being paid off to support the
status quo.

We have advocated, and in some cases, been involved in litigation, for
changes in Indiana's long term care policiesconducted workshops for
local law enforcementcollaborated with local agencies and disability
organizationshelped local business to follow the ADAprovided
information, referral and support for persons with a wide range of
disabilitiesand created a new website being utilized by many thousands
of people as an information and organization resource.

But we have only scratched the surface, and must be afforded the due
process to which we are entitled so that we can do what we are supposed
to do. RSA is condoning ongoing travesties not only against our
organization, but against others that are willing to fight for their
rights, and indeed against citizens with disabilities throughout the
state of Indiana. 

In the process, they are setting the stage for what was supposed to be a
movement of the people, by the people and for the people, to become
anything but, thereby sadly making the predicions of heroes like
Justin Dart, Jr. and Lex Frieden all too true.