Anyone else notice that Terri's lawyers have not invoked ADA?

[KamaAina]

They've tried nearly everything else on the books: due process (has she been charged with a crime?), denial of religious rights (huh?), even something called the All Writs Act (the dissenting opinion at the 11th Circuit relied heavily on this).

But what about the ADA? After all, they're leaning on the disability rights community to stand with them. Doesn't that imply that Terri is a person with a disability, with civil rights underADA?

Dear me, it looks like their reflexive right-wing bias against ADA has overpowered their expressed desire to save Terri...

[still_one]

1. Oh, I thought you meant the American Dental Association

[Demit]

2. Or Assistant District Attorney. Help with acronyms in posts please!

[KamaAina]

4. ADA is common language in the Disability Issues forum

but apparently, not in society at large -- which only goes to prove my point about how our concerns always get shunted aside!

Edit: besides, "Americans with Disabilities Act" wouldn't fit in a subject header.

[Demit]

6. Oh. Didn't look at what forum your post was in--I use the Lobby page,

with all latest threads in a running list.

So yeah, the Lobby is sort of like society at large. Where not knowing what you are referring to is not necessarily showing disregard. Lighten up.

All you had to do was spell it out in the body of your post, like you did here.

[KamaAina]

3. That'll probably be next

"But just look at that smile!" :-)

[caligirl]

5. a congressman on Larry King last night was pushing the ADA angle heavily,

[KamaAina]

7. Nice catch. That'd be Chris Smith of NJ

who has also been extremely supportive of autism services and research. Go figure.

http://transcripts.cnn.com/TRANSCRIPTS/0503/23/lkl.01.html

In this case we're talking about a situation where there seems to be a faulty diagnosis. You know, Dr. Shesher (ph) made the point in his seven-page statement today that the diagnosis appears to be faulty. I know there's at least 30 allegations of abuse and neglect that the Children and Families Department is looking at in Florida. This woman was denied what should have been her Americans with Disabilities Act protections and other protections. The possibility of rehab, speech pathology, and a whole host of other enhancements to her life. She was denied that since 1993. It is amazing that she has progressed the way she has without that kind of intervention....

So the difference between terminally ill and the question of someone who is, in this case, has some brain injury, is fundamental. I chair the Alzheimer's caucus, I'm also co-chair of the -- two other caucus -- spina bifida -- there are handicapped people and severely handicapped people that some might construe to be a life not worth living. Those of us who believe human rights are for the disabled as well as everyone else, would object to that.

So, I really believe this is one of those cases. This is a case of disability rights. And I think when the full record is laid bare, a faulty diagnosis that led to a lack of treatment, there's culpability on the part of the judge, as well as on the part of Michael Schiavo, who, at best is a conflicted husband who is now living with another woman. I mean, what does that tell you?

All of which merely serves to beg the questions, Why haven't the Schindlers' lawyers invoked ADA in any of their frequent filings? and, Why wasn't ADA referenced in "Terri's Law" that just got rushed through Congress with such fanfare? Surely Rep. Smith could have offered an amemdment to it.

Also note that Smith refers twice to "handicapped people" rather than "disabled people" or "people with disabilities". Does he still say "Negro" and "Oriental"?

[pop goes the weasel]

8. Thanks for this excerpt and link

and good points!

This case should have been pursued solely as a disability rights case.

[caligirl]

9. self delete

[caligirl]

10. So homesick for Kailua/ Lanikai, Wish we could move the Sili Valley there.

[Corgigal]

11. Of course it is

but Republicans have a bad record for disabled people. They want to back it by using any other word but disabled. I know some fundie here who think if you're disabled it's because you must have done something wrong in your life. So NO they don't want to use the term disabled, but that is what it is.

Seems like some DU'ers don't want to use the term disabled either. This is a non terminal illness made terminal. Pretty damn scary if you ask me.

[liberal43110]

12. Actually, they have sued under ADA

They lost, I believe, because the ADA refers to government entities and Michael Schiavo is not a government entity.

This case isn't about being anti-disability.

It's about the rule of law. Terri's husband is her legal guardian, and his wishes about her care must be honored.

[LisaL]

13. His wishes must be honored? So, if he wants for his

severely disabled wife to die, the wishes must be honored? Well, something sucks about that.

[liberal43110]

14. Actually, it's the way a lawful society works

And it's quite reasonable considering her condition. It seems like some people refuse to do the mental work required to make some important distinctions about quality of life, disabilities, and personal decisions. But please try to look at a liquified cerebral cortex as death and not a disability.

Contrary to the "Not Dead Yet" slogan, Terri Schiavo actually is dead. Her person is gone. Her life is not being prolonged; her death is being extended.

[LisaL]

15. She is disabled to the very extreme, so you think his wishes

have to be followed. What if she was less disabled, but he still wanted her dead? Would that be reasonable or unreasonable? Should he have that right just because she was married to him before she became disabled?

[eyepaddle]

16. This isn't that complex

IF she were less "disabled" (your word) she would be able to make her own decisions.

She isn't disabled--she's brain dead. NOBODY has come out of PVS after much more than a year and a half; she's been in one for fifteen years. As Franken pointed out on Scarborough Country, for her a deep coma would be a step up

The world's a messy place, and sometimes you just have to say goodbye. Many patients in many care facilities (not just Hospice) have their charts marked "DNR" this means Do Not Resuscitate, do we now look at anyone with terminal cancer and view that as a diability? After all, we have the technology to pump oxygenated blood through a body, whether the heart can do it or not.

For a graphic illustration of what a brain stem alone is capable of clikc here:

http://www.miketheheadlesschicken.org/index.html

and for the record, yes, I HAVE a disability; fairly severe x-linked retinoschisis, if you must know. Oh and serious asthma, but the Advair rocks the house on that front.

[Banazir]

17. PVS isn't brain death.

No matter what else you want to call it. PVS is not brain death and no amount of renaming it will turn it into brain death.

[eyepaddle]

18. Well, if there is anything more fun than having your brain

slowly liquify, I want to hear about it.

PVS doesn't have to be full-on "brain death" but in this case it effectively is.

I just read an OpEd in the StarTribune written by a gerontologist with more than thirty years experience in hospices and hospital (If I could remember his name I'd tell you, but I believe it was in the Friday 3/25 edition, if you'd care to check it out) and the main point he wanted us ALL to take home is "YOU are going to DIE."

It is the one thing that is certain for us all, but in a few rare cases we have some input into how we face the end. Terri's own wishes were to not drag it out like this, as was determined by a court of law. For the record I don't think any court is cavalier about making that judgement; as has been implied by many who wish to see the feeding tube re-inserted.

It's time to respect the law, and Terri's wishes.