Disability Issues in the Terri Shiavo Case

By Diane Coleman

Between the medical expert witnesses, and reputable physicians who have viewed and commented publicly on the video tapes of Ms. Schiavo, the majority do not even endorse the diagnosis that she is in a vegetative state. Judge Greer's ruling to the contrary does not change the fact that Terri Schiavo is significantly brain injured but is frequently responsive, particularly to her mother and certain other familiar people. In fact, since Florida law defines a "vegetative state" as requiring *no evidence* of responsiveness, Judge Greer's ruling conflicts with Florida law and denies Ms. Schiavo due process.

That flawed ruling is an essential element of the case Michael Schiavo must make to be permitted to starve and dehydrate Terri Schiavo to death. The other element is that he must prove by clear and convincing evidence that she herself would refuse food and water under her current circumstances if she were competent to decide for herself. The initial guardian ad litem reported that Michael did not have sufficient, credible, unconflicted evidence to meet this test. If our constitution means anything, the death sentence on Terri Schiavo must be overturned, and any public official charged to faithfully uphold the constitution in Florida has a duty to protect her rights. 

Twenty six national disability organizations have reviewed the facts and law of this case and adopted a position that Terri Schiavo must not be deprived of food and water. They are deeply concerned that the courts have failed to uphold her constitutional and civil rights, a failure that is obviously based on our society's abysmal bigotry against people with significant cognitive disabilities.

What happens in the Schiavo case will affect the legal rights of all people in guardianship, including seniors with dementia and children and adults with labels of mental illness and mental retardation. The media's cavalier disregard for the importance of presenting the factual disputes and legal implications of this case is profoundly disturbing to the disability community. It is painfully clear that this cannot be remedied without including the organized political voice of the minority group threatened by expanding the rights of guardians to kill, i.e. people with disabilities. These groups may be contacted through links in the joint statement at the following website: http://www.raggededgemagazine.com/schiavostatement.html 

Diane Coleman, J.D.
President
Not Dead Yet
7521 Madison Street
Forest park, IL 60130
(708) 209-1500
Fax (708) 209-1735
www.notdeadyet.org