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(MEMPHIS, May 8) Chancellor of the Chancery Court, Neal Small, denied a plea for injunctive relief today brought by The King's Daughters and Sons Home and Jon Wells, granting instead the Defendants American Disabled for Attendant Programs Today (ADAPT) a continuance. The Plaintiffs sought to prevent ADAPT and The Memphis Center for Independent Living (MCIL) from visiting King's Daughters and Sons Home, holding meetings without complying with "the rules," and talking with a current resident.
Susan Mackenzie, attorney for the Defendants, argued to the court that the original documentation of conservatorship for the particular resident, did not transfer complete authority over another individual's life. This is a significant issue for individuals who need assistance in some areas of their lives. A disability does not nullify personal integrity. The chancellor granted Ms. Mackenzie's plea for continuance, stating the court's impression that the need for injunctive relief is not necessary.
ADAPT is working nationally for a Community Attendant Services Act (CASA) which will provide Americans with the option to live in their own home. Often people with disabilities are forced to live in nursing homes, and Tennessee ranks last, among the 50 states, in long-term community- and home-based care. ADAPT brings a simple message: Choice.
Why is this message so threatening to King's Daughters and Sons Home and Jon Wells? Because it is more cost effective, humane, and will end the monopoly administrators have over the lives of Americans. ADAPT is asking for NO new funds. The CASA legislation, to be introduced to the 105th Congress later this term, simply requests that 25% of the money wasted to provide repulsive and overly restrictive living conditions be redirected to give Americans a choice.
The Complaint for Injunctive Relief was filed April 14, 1997, and includes a specific plea for the Defendants to "...be permanently enjoined from any contact with..." a particular resident. Jon Wells, the resident's conservator, who lives and works in Lafayette Tennessee, was hoping a court-ordered injunction would protect his charge from the message of ADAPT. ADAPT has come to The King's Daughters and Sons home at the direct request of the resident, however, as conservator, Jon Wells feels that he has the ability to overrule the wishes, desires and even the political opinions of someone in a nursing home.
Ironically the Plaintiff's won their bid to quash the subpoena of the resident in question. They worked diligently not to allow the principal individual in court. The Defendants served the resident and the Nursing Home staff, so that the resident would be in court, however, the conservator overruled the subpoena. The resident's life, loves, business, and future were discussed in open court in his absence.
"They (the Plaintiffs) brought us into court today because they are bent on quashing our message," said Tim Wheat of ADAPT, "in the same way they quashed [the resident's] testimony." The Plaintiff's were unable, however, to show that an injunction was needed. Likewise, the Plaintiffs failed to show the danger of free expression. In an effort to display the Plaintiffs as besieged by the Defendants message: "Free our people," the Plaintiff's attorney, George "Buck" Lewis, held up a sign: "What are you hiding commandant Arrison?"
U.S. News and World Report lists The Nursing Home Lobby, American Health Care Association Political Action Committee (AHCA-PAC), as one of the 50 most exorbitant spenders for political favors (Source). "Most people think of nursing homes as simple non-profit establishments," said Dawn Russell, who was arrested protesting at the AHCA conference last November in Atlanta; "but they have a sinister Political agenda." Although 63% nursing homes funds nationwide come from Medicaid, the Federal Election Commission reports ACHA as one of the 50 PACs with the largest increase in funds from 1994 to 1996 (Source).
CASA, legislation to be introduced to the 105th Congress later this year, will equip people with disabilities with what they need. Mark O'Brien, poet, author, and subject of Jessica Yu's Oscar winning documentary "Breathing Lessons," is such an example. Living in his own apartment, Mark O'Brien is not stagnated by institutional control. Although he often needs the help of attendants 24 hours a day, it would cost the state over twice as much to provide his care in a nursing home.
The real need for CASA is how it purposes to involve the individual. The effectiveness of subsidized institutions is no longer the most practical method of caring for people with disabilities as it was in the nineteenth century. Although each individual has different needs, we still allow people with disabilities to be herded into nursing homes. CASA will give Americans a choice in how services are to be delivered.
"We only offer ideas and peer support," said Deborah Cunningham, the Executive Director of MCIL, "but those ideas threaten the establishment."
The Memphis Center for Independent Living
The Memphis Center for Independent Living
1633 Madison Avenue,
Memphis, TN 38104
(901) 726-6404 v/tty (901) 726-6521 fax
mcil@mcil.org
MCIL is a United Way of the Mid-South member Agency
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