Ohio Statewide Independent Living Council Archive

Transcript: 3 Yr. Plan Public Hearing - Dayton

Posted by: Alan R. Cochrun
Date Mailed: Thursday, June 18th 1998 09:33 AM

PART: 2 of 4
REFERENCE: e99d83ed

                              BRITTON & ASSOCIATES
              DAYTON - (937) 228-3370  CINCINNATI - (513) 651-3370

 
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          1     can.
 
          2                    The more of us that speak up,
 
          3     the more chance that we'll rule our own
 
          4     destiny.  Please don't give up because it's not
 
          5     consumer driven right now, because we have to
 
          6     aim for that goal and keep heading toward it,
 
          7     whether it's baby steps or giant steps.  We
 
          8     have to keep moving forward and the only way
 
          9     that will happen is when people with
 
         10     disabilities say, pay attention.  I'm, I'm
 
         11     where you get your paycheck.
 
         12                    MS. TRACY MANKINS:  I invited
 
         13     them to, to contact me and that I would keep
 
         14     working with them.  I heard nothing.  I
 
         15     don't know really how, how to penetrate that
 
         16     and --
 
         17                    MS. LINDA GOOD:  I would be
 
         18     happy to pass your name along.
 
         19                    MS. TRACY MANKINS:  That would
 
         20     be great.
 
         21                    MS. LINDA GOOD:  Thank you very
 
         22     much.  Next is Darrell Price.  Darrell, will
 
         23     that mike do or do you want this one?
 
         24                    MR. DARRELL PRICE:  This is all
 
         25     right.  Okay.  My name is Darrell Price and I'm
 
 
 
                              BRITTON & ASSOCIATES
              DAYTON - (937) 228-3370  CINCINNATI - (513) 651-3370

 
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          1     also a member of Dayton ADAPT and I've been
 
          2     with the access center full time for just over
 
          3     a year, and my concerns are so broad that I,
 
          4     I'm not really sure where to begin.
 
          5                    I think that, just I really have
 
          6     two perspectives, I think.  One is as just a
 
          7     person with a disability and a person who has
 
          8     done advocacy for free, and the other is as a
 
          9     staff person at our center.  And uppermost on
 
         10     my mind, you know, working at the center, one
 
         11     of my concerns is that with the resources that
 
         12     we either have or have been able to draw from
 
         13     or know to draw from, including the SILC, we're
 
         14     just not able to do justice to the independent
 
         15     living movement and to fulfill the core
 
         16     services that we're supposed to provide for
 
         17     people.
 
         18                    I mean, I alone have
 
         19     responsibility to all the core services of the
 
         20     center, plus outreach, so, you know, Maria
 
         21     mentioned ODHS hearings regarding the changes
 
         22     in the waiver programs.
 
         23                    I sat on an advisory group for
 
         24     about a year for the changes, and I really felt
 
         25     like I was more or less out there on my own
 
 
 
                              BRITTON & ASSOCIATES
              DAYTON - (937) 228-3370  CINCINNATI - (513) 651-3370

 
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          1     trying to learn the system as it is, trying to
 
          2     look at the changes that ODH was proposing
 
          3     critically and not just accept them out of hand
 
          4     due to the lack of my own knowledge base about
 
          5     what the system is and what leeway they have to
 
          6     change.
 
          7                    So, I mean, just in that one
 
          8     issue alone, I mean, I can spend about half of
 
          9     my time doing research on the proposed changes
 
         10     that the state human services and, you know,
 
         11     really be able to get involved in that advocacy
 
         12     role with the kind of attention and knowledge
 
         13     base that it deserves, so when they come back
 
         14     to us after a year when it's basically no
 
         15     change at all, I can really be a better
 
         16     advocate for change.  That's really going to
 
         17     mean something.
 
         18                    And I just, I don't do that role
 
         19     alone.  I don't have the time that it takes in
 
         20     just that advocacy role to really be the kind
 
         21     of advocate that I know I should be working at
 
         22     a center.
 
         23                    And when I devote time to that
 
         24     specific role, then other core services suffer
 
         25     that are just as important to that ultimate
 
 
 
                              BRITTON & ASSOCIATES
              DAYTON - (937) 228-3370  CINCINNATI - (513) 651-3370

 
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          1     mission.
 
          2                    So I guess if I wanted to put
 
          3     that in concrete terms, I don't want to say
 
          4     things just like throw money at it.  Because I
 
          5     know that's not going to work.
 
          6                    I think some simple things to at
 
          7     least start out with would help us as centers,
 
          8     and I think we need to network more and share
 
          9     information with each other as centers and with
 
         10     the SILC, so I as a staff person could do that
 
         11     advocacy job better and wouldn't have to be
 
         12     concerned about spending so much time trying to
 
         13     check everybody's facts, not accepting things
 
         14     that I'm handed out of hand.
 
         15                    Another thing in the development
 
         16     of, you know, other core services like
 
         17     independent living skills training or peer
 
         18     support, I don't know what role the SILC would
 
         19     play in providing feedback from, you know,
 
         20     other centers, other training materials that
 
         21     are available.
 
         22                    It's just that there's so much
 
         23     to do and having responsibility to all those
 
         24     services, I never feel like I can do anything
 
         25     more than kind of make everything up as I go
 
 
 
                              BRITTON & ASSOCIATES
              DAYTON - (937) 228-3370  CINCINNATI - (513) 651-3370

 
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          1     along and everything is always a crisis
 
          2     situation.
 
          3                    I'm, there's just not enough
 
          4     time to do justice to the mission of this
 
          5     center with the resources we have and that's
 
          6     really the point I want to make as far as staff
 
          7     person.
 
          8                    And, I guess, you know, just in
 
          9     terms of my perspective as a former consumer
 
         10     and as before I got into, you know, independent
 
         11     living as a job, I just think I can really see
 
         12     that, you know, that situation being as it is,
 
         13     even, even with my best intentions, there is no
 
         14     way that I can really be empowering to people
 
         15     and, and sell them on the idea of getting
 
         16     involved.
 
         17                    I know that when before I got
 
         18     into independent living centers as a job, I
 
         19     didn't know what independent living was.  I
 
         20     didn't know what centers did.  I didn't even
 
         21     know they were out there, and I was doing
 
         22     advocacy for passage of ADA.
 
         23                    I got over 4,000 letters signed
 
         24     to send to congress at Kent State for passage
 
         25     of ADA.  It was in the paper.  You know, my
 
 
 
                              BRITTON & ASSOCIATES
              DAYTON - (937) 228-3370  CINCINNATI - (513) 651-3370

 
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          1     center never even, I never even knew that it
 
          2     existed out, you know, where I was going to
 
          3     school then, so it's not to brag; but I'm
 
          4     saying, even in, even in my own community, I
 
          5     know that there are people out there that are
 
          6     doing advocacy on their own, and they're good
 
          7     and they have skills and they have a lot to
 
          8     contribute to the mission.
 
          9                    But I, you just, there's not
 
         10     enough resources to really reach out and bring
 
         11     these people together like we have to do, and I
 
         12     just, I just feel like unless there's some way
 
         13     that the SILC can support us in developing the
 
         14     core services so I have more time to go out
 
         15     there and bring these people together, that
 
         16     already want to do advocacy and right now
 
         17     aren't able to look at the center as a leader
 
         18     in promoting that systems change, then I just
 
         19     don't, I don't see any hope for doing anything
 
         20     other than this sort of crisis management, drop
 
         21     one thing and go to another frantically, you
 
         22     know, every day.
 
         23                    I want to focus on the mission,
 
         24     and I want us as staff to have enough support
 
         25     to be able to carry that out in the way that it
 
 
 
                              BRITTON & ASSOCIATES
              DAYTON - (937) 228-3370  CINCINNATI - (513) 651-3370

 
                                                              24
 
 
          1     was intended to do grassroots organizing so
 
          2     we as staff aren't leading the change, but
 
          3     we are supporting the people in the community
 
          4     that already want to lead it and to have them
 
          5     build it from the grassroots like it was
 
          6     intended.
 
          7                    MS. LINDA GOOD:  Thank you,
 
          8     Darrell.  If anyone, if anyone hasn't signed
 
          9     this who would like to testify or make comment,
 
         10     please come forward and sign or wait till the
 
         11     end and sign up then.  Carolyn, is it Brashear,
 
         12     Brashear?
 
         13                    MS. BRASHEAR:  My name, my name
 
         14     is Carolyn Brashear.  I'm also a member of
 
         15     Dayton ADAPT.  I have been working along with
 
         16     Maria Matzik and Darrell Price in a problem
 
         17     that has gone on for over two years.
 
         18                    My daughter was nearly killed.
 
         19     I'm speaking for by daughter, Colleen Brashear,
 
         20     because due to transportation problems for
 
         21     people in wheelchairs, I couldn't get her here
 
         22     today.
 
         23                    In April of 1996 my daughter was
 
         24     nearly killed in the nursing home that she's
 
         25     in.  I had to place her in this home against my
 
 
 
                              BRITTON & ASSOCIATES
              DAYTON - (937) 228-3370  CINCINNATI - (513) 651-3370

 
                                                              25
 
 
          1     will about 12 years ago when I had to file for
 
          2     divorce.
 
          3                    Since then the care in that
 
          4     home -- and what bothers me is it's considered
 
          5     one of the best in Ohio -- the care in that
 
          6     home has deteriorated to the point where it
 
          7     should be sheer embarrassment to anyone who
 
          8     says they're employed there.  However, I feel
 
          9     that there's no one that we can turn to.
 
         10                    And when I look at ACIL, to me
 
         11     that says, Access Center For Independent
 
         12     Living.  I've been told there's nothing they
 
         13     can do for me.  I was told that in Columbus
 
         14     when I was at the meeting with Steven Gold.
 
         15     All right.
 
         16                    Now, since April of '96 they
 
         17     dropped my daughter off the side of a bus due
 
         18     to the lack of attendant care, and I'm aware
 
         19     that attendant care is a problem everywhere.
 
         20                    However, these people are paid
 
         21     at least $73,000 a year to take care of my
 
         22     daughter.  She doesn't get $50 worth of care a
 
         23     day.  Naturally our instincts were to start
 
         24     looking, seeking other care.
 
         25                    I placed her there thinking it
 
 
 
                              BRITTON & ASSOCIATES
              DAYTON - (937) 228-3370  CINCINNATI - (513) 651-3370

 
                                                              26
 
 
          1     was the safest place I could put her until I
 
          2     got myself together, and we could start
 
          3     planning other things.
 
          4                    I met her at the emergency room
 
          5     at Grandview Hospital in a mess that I never,
 
          6     hope to God I never have to see again.  Now,
 
          7     these are the nursing homes that they claim are
 
          8     monitored, where people are cared for 24-hours
 
          9     a day.
 
         10                    At any rate, in those two years
 
         11     I have been looking for an apartment for her to
 
         12     get her into independent living or
 
         13     semi-independent living.
 
         14                    I finally found an apartment in,
 
         15     or one that would be ready soon, the latter
 
         16     part of '97.  In order to get prepared for my
 
         17     daughter to move into this apartment, I
 
         18     contacted Ohio Department of Human Services for
 
         19     an assessment.
 
         20                    You don't move anyone out of a
 
         21     nursing home without equipment.  She's
 
         22     disabled.  She's not sick, but she does need
 
         23     certain equipment.
 
         24                    ODHS with tongue in cheek came
 
         25     down knowing full well the assessment would be
 
 
 
                              BRITTON & ASSOCIATES
              DAYTON - (937) 228-3370  CINCINNATI - (513) 651-3370

 
                                                              27
 
 
          1     denied.  It was a total waste of 24 hours and
 
          2     they said that the assessment was denied
 
          3     because we didn't have an exact departure date
 
          4     from the home nor do we have an address.
 
          5                    Well, do you, which comes first,
 
          6     the departure date or the knowledge that you're
 
          7     going to have the necessary equipment to set up
 
          8     the departure date?
 
          9                    What are they thinking of?  Why
 
         10     does ODHS wheedle so much power and no one
 
         11     steps in to interfere with their illogical
 
         12     thinking?  No one except individuals like
 
         13     myself who flay about along with Darrell Price
 
         14     and Maria Matzik here trying to do something
 
         15     about it.
 
         16                    I thought perhaps I'd get some
 
         17     assistance when I attended the meeting in
 
         18     Columbus with, with Attorney Steven Gold who
 
         19     won the landmark lawsuit in Philadelphia to get
 
         20     Helen L out of the nursing home.
 
         21                    The talk was great.  Steven Gold
 
         22     was inspirational.  He's been in touch with me
 
         23     but ACL isn't doing anything, ACIL, statewide.
 
         24     Not even a word of consolation, just good
 
         25     luck.
 
 
 
                              BRITTON & ASSOCIATES
              DAYTON - (937) 228-3370  CINCINNATI - (513) 651-3370

 
                                                              28
 
 
          1                    So be it.  I was sent the denial
 
          2     in a form letter saying that the assessment was
 
          3     denied as I said because of lack of departure
 
          4     date and an address.  Now, in December of '97,
 
          5     there was a letter sent out, a form letter --
 
          6     they used the same form letter for everything.
 
          7     I think that's the only one they have.
 
          8                    I've received the same letter
 
          9     three times, and here's the fourth time coming
 
         10     from Senator DeWine's office.
 
         11                    At any rate this is from ODHS
 
         12     saying that they, the waivers will likely be
 
         13     exhausted by January of '98, meaning that there
 
         14     goes my daughter's equipment.  There goes any
 
         15     assistance that she can get to get out of this
 
         16     nursing home, will likely be exhausted.  They
 
         17     always leave an opening.
 
         18                    Okay.  Then I got the date or a
 
         19     near day for the opening of the apartment in
 
         20     February.  It was supposed to be ready the end
 
         21     of this month but, or last month, but as all
 
         22     new construction goes, it usually takes longer
 
         23     than what you think it will, so I don't
 
         24     have a definite date yet.  It should be
 
         25     sometime this month that she can move into this
 
 
 
                              BRITTON & ASSOCIATES
              DAYTON - (937) 228-3370  CINCINNATI - (513) 651-3370

 
                                                              29
 
 
          1     apartment.
 
          2                    Now ODHS is saying we have to
 
          3     wait until July 1 or she does for a waiver to
 
          4     be open for her.  What is she supposed to do
 
          5     between this month and July 1?
 
          6                    Now, she's to be re-entered on
 
          7     the waivers in June, that's what this letter
 
          8     says.  That still is not a guarantee the way
 
          9     things have been going that she, that there
 
         10     will be a waiver open for her in July.
 
         11                    I'm hoping against hope that is
 
         12     what will happen, of course.  Living on
 
         13     promises.  You can't live on promises when
 
         14     there is medical equipment involved.
 
         15                    She needs a hoyer lift.  She
 
         16     needs a shower chair.  She needs a bed.  At any
 
         17     rate, this is where we stand.
 
         18                    Maria and I faxed 11 letters to
 
         19     senators, to congressman, and the response I
 
         20     got today from Mike DeWine, his staff ought to
 
         21     hang their heads in shame, but why should we
 
         22     even have to reach out to people like this if
 
         23     there is Centers For Independent Living that
 
         24     are supposed to be at least understanding?
 
         25                    If they don't want to assist us,
 
 
 
                              BRITTON & ASSOCIATES
              DAYTON - (937) 228-3370  CINCINNATI - (513) 651-3370

 
                                                              30
 
 
          1     and as Maria and Darrell have worked their
 
          2     tails off, but again he, why does ODHS wheedle
 
          3     this power is what I don't understand.
 
          4                    Are they, are they just sitting
 
          5     there totally relaxed as, oh, well no one can
 
          6     fight us?  Why can't the agencies get-together
 
          7     and make us feel at least as though they're
 
          8     trying to assist us?
 
          9                    Again, I ask you what is my
 
         10     daughter to do between April and July?  What
 
         11     can ACIL do to assist us, if anything?  I'm
 
         12     reaching out in every direction for my daughter
 
         13     again.  Is ODHS the only ruling voice in the
 
         14     State of Ohio?
 
         15                    Another thing, this is another
 
         16     part.  I haven't intended, I didn't know
 
         17     exactly what the meeting was about here today,
 
         18     but I get to go to everything I can that might
 
         19     assist my daughter.
 
         20                    I'm wondering if you're on top
 
         21     of this business of the amendment they're
 
         22     attempting to bring about in the Fair Housing
 
         23     Amendment Act, HR 3206.  It was to repeal a
 
         24     1968 Fair Housing Act by exclusive local zoning
 
         25     regulations.
 
 
 
                              BRITTON & ASSOCIATES
              DAYTON - (937) 228-3370  CINCINNATI - (513) 651-3370

 
                                                              31
 
 
          1                    This will, HR 3206 will prevent
 
          2     people from having a choice of living in the
 
          3     community.  It was designed exactly to no
 
          4     longer give people in nursing homes the right
 
          5     to come out and live in the community.
 
          6                    I had to go, Darrell and I had
 
          7     to go to Butler County to get this.  I hope to
 
          8     goodness everybody sends letters, because this
 
          9     bill will put us right back in the dark ages.
 
         10                    If anyone wants the addresses of
 
         11     the people to write, I have them here.
 
         12                    I'm really truly concerned about
 
         13     my daughter's future due to the lack of
 
         14     interest that agencies seem to, to have toward
 
         15     her, and the one I think that should be
 
         16     supporting us, emotionally at least, is Ohio
 
         17     SILC, and I see nothing.
 
         18                    As I say, you have some
 
         19     admirable fighters in Dayton that I have the
 
         20     utmost regard for, and that's Darrell and
 
         21     Maria, and now Tracy.  I wish I could see the
 
         22     same kind of fervor come out of your Ohio
 
         23     office.  I really do.  That's all I have to
 
         24     say.
 
         25                    MS. LINDA GOOD:  Thank you.
 
 
 
                              BRITTON & ASSOCIATES
              DAYTON - (937) 228-3370  CINCINNATI - (513) 651-3370

 
                                                              32
 
 
          1     We'd be happy to accept those addresses if you
 
          2     want to leave them.  Roland Sykes.  Does anyone
 
          3     want to speak?  Roland has asked to speak
 
          4     last.  If anyone else has comments they'd like
 
          5     to make?  Roland.
 
          6                    MR. ROLAND SYKES:  My name is
 
          7     Roland Sykes.  I'm a Dayton ADAPT member and
 
          8     also chairman of the editorial committee of
 
          9     disabled individuals and movement for equality
 
         10     network.  The only worldwide area network
 
         11     completely disabled controlled and
 
         12     publication.
 
         13                    We provide access to information
 
         14     around the world over the Internet and through
 
         15     various other sources.
 
         16                    We've heard some very heartfelt
 
         17     comments today.  I would like to come here
 
         18     today to remind you that we as a people, people
 
         19     with disabilities, have big problems.
 
         20                    If we look at the founding
 
         21     documents, our Constitution, Declaration of
 
         22     Independence, all the things that underline why
 
         23     we're here as a people, what we find is that
 
         24     we've lost sight of one of the most important
 
         25     things.  We are here to form a more perfect
 
 
 
                              BRITTON & ASSOCIATES
              DAYTON - (937) 228-3370  CINCINNATI - (513) 651-3370

 
                                                              33
 
 
          1     union.
 
          2                    As a people, we are here to form
 
          3     a more perfect union.  We are not moving in
 
          4     that direction.  If we look around us, we see
 
          5     example after example where the disabled
 
          6     community is under attack by the bureaucrats,
 
          7     by the politicians, by the nay sayers in the
 
          8     media, who say that folks with disabilities
 
          9     need too much.  Who says what we need is not
 
         10     appropriate.
 
         11                    The fact of the matter is, is in
 
         12     this country we are under siege.  We are in a
 
         13     war.  A war which unless we recognize where we
 
         14     are, we will lose.
 
         15                    And in this country that means
 
         16     that the HMOs will give you the Kevorkian
 
         17     solution if you have a disability, which is not
 
         18     curable.  We'll give you the cure, it will be
 
         19     short, real painless, we promise, and it will
 
         20     be over with.  That's where this country's
 
         21     headed.
 
         22                    That's what we can look forward
 
         23     to unless we, as a disabled community, can come
 
         24     together and recognize where we are.  Re-group,
 
         25     recruit, and create the revolution that we all
 
 
 
                              BRITTON & ASSOCIATES
              DAYTON - (937) 228-3370  CINCINNATI - (513) 651-3370

 
                                                              34
 
 
          1     know has to occur and do that in an organized
 
          2     and non-violent manner.  I believe that we can
 
          3     defeat them without ever firing a shot.
 
          4                    And I believe that we of the
 
          5     disabled community should be speaking in those
 
          6     terms.  Read the papers.  In order to form a
 
          7     more perfect union.  That's not happening when
 
          8     you're being attacked by your own people.
 
          9                    We may be trying to form a more
 
         10     perfect union, but they ain't cooperating, and
 
         11     the reality is, is we have to recognize that we
 
         12     are in a war.
 
         13                    My father just recently ran out
 
         14     of money and that resulted in him having to go
 
         15     to a nursing home.  Senator Sherrod Brown on
 
         16     the floor of the house, not on the floor of the
 
         17     house, I take that back.
 
         18                    In the hearing room the other
 
         19     day when I was up for MICASA hearings said,
 
         20     well, we don't really want to put these people
 
         21     out in the community because there are
 
         22     safeguards in the nursing homes and medical
 
         23     care and other systems that we have
 
         24     established.
 
         25                    And I looked at him when the
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