| MDLC defends civil rights of people with disabilities | July 7, 2006
By JOE SURKIEWICZ,
Special to The Daily Record | | After one of the fastest wheelchair racers in the world today — a silver and bronze medallist in the 2004 U.S. Paralymics — was refused permission to participate with other high school students in interscholastic track meets, she was forced to run alone around the track. |
Enter the Maryland Disability Law Center, a private nonprofit in Baltimore established by federal and state laws to advocate for the rights of people with disabilities.
With the help of MDLC, Tatyana McFadden filed a lawsuit in federal district court based on the Rehabilitation Act, which requires students with disabilities be offered equal opportunities to participate in interscholastic athletics and be with students without disabilities whenever possible.
"Tatyana wanted to race and be part of the sports program," said Lauren Young, MDLC's director of litigation. "You'd think it would be a natural. Yet she was told 'no' at every level — that she has to race separately for 'safety' reasons. It's based on the same theory that prohibited black people from drinking from the same water fountains as whites."
The case garnered national media attention earlier this year. And while the case is ongoing, Tatyana is racing with her Howard County teammates again — and Young is optimistic of a favorable final outcome.
Founded a quarter-century ago, MDLC is an organization specifically designed to defend the rights of people with disabilities, including those with developmental disabilities, traumatic brain injuries and mental illness.
"It's a great organization," said University of Maryland law professor Susan Leviton. "They're willing to help people that other people aren't willing to go out on a limb for."
Leviton, who has worked extensively representing children in specialty education proceedings and in juvenile court, offered an example: "Just because you have a disabled kid who needs services doesn't mean you should have to give up custody of your child."
MDLC is part of a network of legal services providers funded by the Maryland Legal Services Corp. In addition to helping children with disabilities, MDLC responds to the needs of all Marylanders with disabilities who want to live where they want, get the services they need and have their rights protected.
Much of MDLC's work is focused on the plight of people with disabilities warehoused in institutions. In another recent high-profile case, the MDLC represented James Dunkes, who was arrested and jailed in 1996 after allegedly shoplifting shoelaces and a videocassette.
Two years later, the charges were dropped. Yet Dunkes remained locked up for another six years.
With the help of MDLC, Dunkes was freed and now lives in a community-based program for people with traumatic brain injury.
Increasingly, MDLC is helping disabled people with their civil rights.
"This is how we treat a paralympic champion?" asked Virginia Knowlton, MDLC's executive director. "She's a model of grit, determination and talent — and was treated horribly. So imagine what it's like for the vast majority of our indigent clients, including those who are faceless and voiceless living behind institutional walls."
Congress created protection and advocacy agencies such as the MDLC after media exposes of the conditions in state institutions.
"Physical access is only one component of what we do," said Knowlton, listing issues such as access to transportation so people can hold down jobs. "It's also not just physical disability. We help anyone who falls into a broad, ADA definition of disability and has a legal issue regarding that disability."
That includes people with developmental or intellectual disability, psychiatric disability, and sensory disabilities such as deafness or blindness.
"It's people of all ages — seniors, children, adults — and in any setting, including at home and in institutions," Knowlton continued. "We protect people from abuse and neglect, get them into integrated settings, make them part of the community so they can develop their full potential. People are warehoused for no good reason. They can't walk across the street and pick out their favorite flavor of ice cream like you and I can."
Knowlton joined MDLC in December, after a one-year stint with the Kennedy Foundation in Washington, D.C., and a decade with the California protection and advocacy program in Sacramento.
"I find people face the same issues everywhere," Knowlton said. "The problems people have in Maryland are just like the other coast — accessible housing close to amenities, a lack of momentum in de-institutionalization, a lack of community services and supports. Too much money goes into maintaining aging buildings."
Yet as MDLC evolves its casework to include Tatyana's discrimination case and other civil rights cases, it's becoming more apparent that the public needs to learn more.
"It's not that the horror stories don't still exist," Young said. "There's still a real need to work with the core issues. But civil rights for people with disabilities aren't recognized like with race and gender. People don't think about disabilities in that context. The problem is huge."
For example, children with disabilities were routinely segregated, either in separate classrooms or in institutions. "You don't see that as much anymore," Young noted.
Which is why laws are important.
"In the Howard County case, I looked at state policy — and found nothing!" Young said. "There are no policies. So it's a chance to review state policy. Plus, there's a ripple effect. I just got a call from Kansas.
"It should be so simple," Young added. "I was surprised at the media attention in Tatyana's case. But people got it. Housing and transportation are hard. But letting kids run isn't."
Joe Surkiewicz is the director of communications at the Legal Aid Bureau. His email is
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Copyright 2006 © The Daily Record. All Rights Reserved. |
|
Membership 
