CA
DISABILITY COMMUNITY ACTION NETWORK CAPITOL REPORT
ISSUE #183-2003 DECEMBER 15, 2003
Hundreds of People with Disabilities, Families, Advocates Protest In Los
Angeles Against Governor's Proposed Cuts And Lanterman Act Suspension
LOS
ANGELES - Hundreds of children and adults with developmental and other
disabilities, their families, local Los Angeles County community
organizations, In-Home Supportive Services workers, other direct care
workers and other advocates from the Los Angeles area protested at the Los
Angeles County Board of
Supervisors Building Monday morning against the mid-year budget proposals
by Governor Schwarzenegger that will cut many critically needed health
services for people with disabilities and seniors, including elimination
of the In-Home Supportive Services residual program, respite services for
families with children with developmental disabilities, and the permanent
suspension of the landmark Lanterman Developmental Disabilities Services
Act – considered by advocates as the civil rights act for people with
developmental disabilities. The protest was covered by many Los Angeles
area news media, with news accounts carried on several stations throughout
the day.
Assemblywoman Judy Chu (D-Monterey Park) spoke at the protest rally just
outside the Los Angeles Board of Supervisors chambers, prior to the
hearing, pledging her support against the Governor's cuts to services for
people with disabilities. She vowed her opposition to the suspension of
the Lanterman Act, drawing cheers from the crowd.
The
crowd of people with disabilities, families and community groups also
included members of ADAPT, IHSS workers from Service Employees
International Union and members of Health Access, all who were clearly
outraged at the Governor's proposals. The crowd later packed the Los
Angeles Board of Supervisors Chambers for the Senate Health and Human
Services Committee hearing chaired by Sacramento Democrat Sen. Deborah
Ortiz, which featured the testimonies of dozens of people with
disabilities and families on the personal impact of the Governor’s cuts.
The hearing chambers, which can hold 700 people, according to the
building security, was filled to near capacity.
Besides Sen. Ortiz, Sen. Richard Alarcon (D-Sun Valley), Sen. Gloria
Romero (D-Los Angeles) and Sen. Edward Vincent (D-Englewood) were on hand
for the 3 hour hearing.
An
African American man in wheelchair asked the committee "whenever there is
a budget crisis, it is the poor and disabled that get cut first."
Sen.
Ortiz responded, looking at the large crowd and the media attention that
"we ask the same question. Some people say you aren't very powerful. I
say you are today."
Sen.
Gloria Romero (D-Los Angeles) added that "Nothing more important than to
see the faces of the people who live by the policies we make. Your voices
at the most important ones we can hear."
The
committee was concerned about the impact to health and human service
programs that would occur should the Governor’s proposed cuts are enacted
and heard from panels of parents, other family members and people with
disabilities who will be impacted by the Governor's cuts including:
* Jared
Moses, who works for the Los Angeles County District Attorney's office who
is the father of twins with autism, and how significant early intervention
has been in their lives and that limiting who can receive such needed
services would be bad.
* A
mother of four children, with a son with asthma, said with emotion that
one attack and he will die. She said her husband works hard just to pay
for food and rent and that they could not afford health insurance. She
said that the Governor's proposal to cap the caseload of Healthy Families
- a health insurance program for children from families with low incomes,
would be detrimental to "our family and so many others."
*
Howard Jacobs, a person with AIDS for the past 14 years who said the
Governor's proposal to cap caseload for the AIDS Drug Assistance Program
was "mean spirited".
*
Elizabeth, mother of 2 children, both with developmental disabilities
receiving services from a regional center, had to quit her job as a tax
consultant to help provide needed support for her children as their
In-Home Supportive Services worker.
* Diane
Jung speaking in Chinese, said she was a former professor at a college but
had to quit to take care of her husband, who is in a wheelchair requiring
24 hour care as his In-Home Supportive Services worker.
*
Sherlene Allen, mother of 3 children - 2 of them with autism, said with
emotion that "without respite I would not be able to spend time with each
of them [her 3 children]. We would not be able to spend time my older son
- his life is incredibly stressed...without respite I cannot attend
support groups which gives me inner strength to continue on...without
respite...my husband and I would not be able to spend the time together to
recharge our batteries and help each other stay focused... We've had to
become almost professional advocates to obtain most of the services for
our sons. Now we're looking at elimination of respite and implementation
of parental deductions for services. We will have to look at what we are
able to do for our kids and make hard choices as to which child will get
which services. How can I choose which of my sons will get the therapies
they need?, " she pleaded, asking the committee to "be their hero -
consider the choices. They are not a line item."
* A
mother, pregnant, with 2 other children, including a 4 year old son with
autism, showed a picture of what he looked like before he was diagnosed,
and a picture, taken 6 months later, after he had therapy - a dramatic
difference. She cannot, the mother said of herself, go to the park by
alone with her two children, nor to the store or anywhere else without
help because of her son's behavioral problems. She called the Governor's
proposal to eliminate respite as "shortsighted". With respite, she said
"I find joy in this special journey in large part because of [these]
regional center services."
* Randy
Horton, a person with disabilities who receives services in the LA area
and a longtime advocate, said that his wife, Kim, and him live in their
own home and that if In-Home Supportive Services residual program is
eliminated, "we would end up on the street", almost pleading to the
committee to "Save us. Save us. Save Us. Save us."
The
protest in Los Angeles, follows a massive protest rally at the State
Capitol on December 10 that attracted thousands of people with
disabilities and advocates for a Senate budget hearing, and protests
around the state during the Governor's tour in support of his bond and
spending cap measures.
NEXT
STEPS
*
SENATE - No vote or action yet on the Governor's proposed cuts to the
current year budget, except two informational hearings on his proposals
held with huge crowds in attendance on December 10 (Senate Budget
Subcommittee #3 on Health and Human Services) and December 15 today
(Senate Health and Human Services). No action was taken at either hearing
- though both receive substantial media attention. The Senate adjourned
Friday, December 12 and will not return most likely until January. No
further hearings on the Governor's proposed cuts - including the
suspension of the Lanterman Act, elimination of respite and IHSS until
probably mid-January - after the Governor releases his 2004-2005 budget by
January 10, which is likely to contain additional cuts to the current
budget. Approval of the Governor's proposed cuts would require 2/3rds
vote.
*
ASSEMBLY - No vote or action yet on the Governor's proposed cuts to the
current year budget. The Assembly adjourned Thursday, December 11 until
January most likely. The Assembly has not yet conducted any hearings on
the Governor's proposed cuts to the current budget and no hearings are
expected at least until early or mid-January. Approval of the Governor's
proposed cuts would require 2/3rds vote.
*
GOVERNOR - The Governor and his staff are working on assembling his
proposed budget for 2004-2005, which he must submit to the Legislature no
later than January 10. He is expected to also include more additional
cuts to the current year budget (2003-2004) now in effect. More cuts to
health and human service programs are expected. The Governor will deliver
his first "State of the State" address to a special joint session of the
Legislature on January 6, that will hint on what his budget proposal will
contain.
BACKGROUND OF THE CUTS PROPOSED BY GOVERNOR SCHWARZENEGGER
*
Governor Arnold Schwarzenegger proposed in late November, proposals to cut
spending the budget California is now operating under. These reductions
include massive cuts to health and human service programs impacting people
with disabilities and seniors - and is a separate proposal from the
spending cap measure and bond measure that were passed by the Legislature
12/12 and approved by the Governor for placement on the March 2004 primary
election ballot.
* The
Governor's proposed spending cuts to the current budget includes historic
cuts to rights and services for infants, children and adults with
developmental disabilities - and major cuts to other people with
disabilities and seniors, people with traumatic brain injuries, mental
health needs. The Governor's spending reduction plan to the current budget
includes:
* The
Governor became the first governor in California history, to propose the
permanent suspension of the landmark 35 year old Lanterman Developmental
Disabilities Services Act - considered by advocates as the civil rights
act for people with developmental disabilities. That act was authored by
the late Republican Assemblyman Frank Lanterman, passed by a Republican
controlled Legislature in September 1969 and signed into law by Governor
Ronald Reagan. No governor - Republican or Democrat - has ever called for
the
suspension of this historic act until now.
*
Governor's proposal includes a strict limit or cap on who can actually
receive services (called a "caseload cap) for regional center services,
habilitation services (work activity and supported employment programs),
vocational rehabilitation, Genetically Handicapped Persons Program, AIDS
Drug Assistance Program, state hospitals for people with mental health
needs, healthy families insurance program for low income children,
California Children's Services and many other health programs. The
Governor's proposal also calls for creation of waiting lists for each of
those programs - meaning a person would have to wait, advocates say for
years, before he or she can receive any services, despite the fact that he
or she meets all eligibility requirements or the severity of their
disability and health needs. (It would be like capping enrollment of
public education to the number that is now attending public schools in
December - and anyone seeking entry into public schools above that number
would be placed on a waiting list.)
* The
Governor's proposal strips away appeal rights/fair hearings (except for
those involving Individuals With Disabilities Education Act or the
California Early Intervention Act) when the state changes, modifies or
eliminates an individual's program plan, considered cornerstones of the
civil rights of people with developmental disabilities.
*
Governor's proposal calls for permanent elimination of respite services
for families with children with developmental disabilities (including
children with autism), elimination of many recreational programs and
services, including non-medical therapy programs that people with
developmental disabilities rely on.
*
Governor calls for permanent elimination of the In-Home Supportive
Services (IHSS) residual program for over 74,000 low income children and
adults with developmental and other disabilities, seniors or Blind, which
allows parents or spouses to care for their loved ones so they can remain
in their own homes. The proposal would eliminate protective supervision
services to persons needing around the clock care, advance payment for
services for persons with severe disabilities; services to persons who
only require assistance with in-home chores and restaurant meal allowances
to those people who receive that service.
*
Governor proposes additional 10% rate reduction to Medi-Cal providers -
further reducing access to health care to people with developmental and
other disabilities, seniors and others.
* More
massive cuts to health and human service programs are expected to the
current budget, and also in the budget proposal for 2004-2005, when the
Governor submits both January 10.
OTHER
ACTIONS PLANNED BY ADVOCATES FOR PEOPLE WITH DISABILITIES
Besides
the protests and march on the Capitol planned for January 6 Tuesday after
4 PM at the State Capitol - to coincide with the Governor's State of the
State address in the Assembly Chambers, and in April, the California
Disability Community Action Network is also planning the following to
build a permanent advocacy force for disability rights, based on today's
townhall telemeeting:
*
Statewide TownHall Telemeetings And Video Conferences
WHY: To
mobilize more people in communities, a series of statewide "townhall
telemeetings" linking community groups and others across the state by
conference call line is being held - with the first one attracting over
100 people in 12 different locations to talk strategy, next steps and
updates on the Governor's proposed cuts. On the call were families,
people with disabilities, independent living centers, community-based
providers, regional centers, and others.
NEXT
TOWNHALL TELEMEETING: The next statewide townhall "telemeeting" is
scheduled for December 19, between 10 AM and 11:30 AM. A speech to speech
person - to assist people with speech difficulties, will be scheduled on
the call too. For more information contact martyomoto@rcip.com.
VIDEO
CONFERENCES: In addition, a series of video conferences are also being
planned to take the mobilization effort to the next step. Key legislators
and other officials will be invited to speak briefly on the townhall
telemeetings and also the video conferences being planned. The Community
Technology Foundation of California sponsored the first townhall
telemeeting.
*
Voter Registration/Campaign to place Lanterman Act & Disability Rights In
Constitutional Initiative
This
effort will be fully announced with more details at the December 19
statewide townhall telemeeting. Announced briefly two weeks ago, this
effort is meant to be a vehicle to further organizing efforts in
communities with people with disabilities, families, workers, and others
with an effort to put major critical elements of the Lanterman
Developmental Disabilities Services Act and also other disability rights
in a constitutional initiative. Coinciding with that effort is a
coordinated voter registration campaign in every community.
*
Letter/Phone Call Campaign to Governor and Target Legislators
This
effort, begun on November 25, is being revised with different legislators
- but with the Governor the focus. See California Disability Community
Action Network Alert #16 tomorrow for details, letter sample and addresses
and fax numbers.
*
March and Protest at the State Capitol To Coincide with Governor's State
of State Address
Scheduled for January 6, Tuesday at 3:30 PM (tentative time), marching
from the Sacramento Convention Center to the sidewalk area in front of the
North lawn of the State Capitol (grounds closed to public events due to
the State of the State Address). Protest will march back and forth in
front of the Capitol in opposition to the Governor's proposed cuts to
services and rights to people with disabilities and seniors - including
suspension of the Lanterman Act. A second march and protest at the State
Capitol planned for April 12-14.
*
1-800 Phone Updates
In
order to broaden the effort of informing people of up to the minute
reports, alerts and other information, a 1-800 number is being set up in
the next few weeks for people with disabilities, families, community
organizations and providers, direct care and other workers and advocates
on the status of the Governor's budget reductions; alerts; next steps and
what people can do; announcements of meetings, rallies and other timely
information. We will work to have this in other languages to broaden the
outreach.
*
Website and Training
A
website, still under construction, should be available soon, with
community-based list serves, also issue based list serves (that will allow
people interested in the same issue, or people in the same community to
contact each other and exchange information. In addition, community
advocacy training will be available to organizations, groups and others.
*
Reports and Alerts
The
regular California Disability Community Advocacy Network Capitol Reports
and also Alerts will continue.
*
Media
At the
next statewide townhall telemeeting, teams of people with disabilities,
families, community organizations, workers will be set up in different
communities to approach their local newspaper editorial boards, radio and
tv stations (for public service announcements) to raise visibility on the
impact of the Governor's proposed cuts.
CONTRIBUTIONS/DONATIONS TO CONTINUE ADVOCACY EFFORT
Until
grant funding is finalized, contributions from people and organizations
will help keep the advocacy efforts going for the next one to two months.
Please make check or money order to: California Disability Community
Action Network/Marty Omoto (or abbreviate CDCA/Marty Omoto). CDCA is not
yet a non-profit organization, but will be in the coming month or so.
Send
contributions to: California Disability Community Action Network, 1225
8th Street Suite #480, Sacramento, CA 95814. Thanks - and we will get
through this!
FOR MORE
INFORMATION ABOUT THIS ACTION ALERT
*
This is a NON-PARTISAN online ACTION ALERT of the non-partisan California
Disability Community Action Network, a link to thousands of Californians
with developmental and other disabilities, their families, community
organizations and providers, direct care and other workers, and other
advocates. These reports (formerly the CA UCP Capitol Reports) are for all
of them.
* If
you would like to get on this distribution (and conversely, get off of it)
please send an email with that request to: martyomoto@rcip.com. Sharing
information is part of our organizing effort. Please feel free to forward
or copy this (attribution is nice). We're all in this together!
Marty Omoto, director/organizer
California Disability Community Action Network
1225
8th Street Suite 480 Sacramento, CA 95814 VOICE PHONE: 916/446-0013
FAX
number: 916/446-0026 email: martyomoto@rcip.com