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#invisibledisabilityrights — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #invisibledisabilityrights, aggregated by home.social.

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  1. Happy Labor Day to all my fellow disabled citizens. Once again, bend over.

    A year ago today, it looked like there was hope that things might change, but as you know the world has gone to total shit in the last year, including efforts to finally end wage exploitation of disabled Americans; it looks like there is no relief in sight.

    Before they killed the proposed amendment, did the Education and Workforce Committee consider or research the 10+ states that have made 14(c) certificate slave exploitation of individuals with disabilities illegal and what the impact of that was? They should have looked into that before they just dropped such a proposal.

    👉🏻 Here are links for further reading on the abolishment of the Biden-Harris 14(c) Rule.

    My Labor Day 2024 article: outofexileidr.vivaldi.net/2024

    DOL's announcement: paproviders.org/wp-content/upl

    Committee's announcement: edworkforce.house.gov/news/doc

    Article: paproviders.org/dol-withdraws-

    💚 View my other work or send support via Stripe here: ko-fi.com/outofexile_idr

    #politics
    #InvisibleDisabilityRights
    #equality
    #change
    #DisabilitySolidarity
    #DisabilityEconomicJustice
    #LaborDay
    #disability
    #wages
    #union
    #SocialJustice

  2. This morning I went for my annual lung checkup. My lung capacity is down a negligible amount, but is rated as excellent. My asthma is well-controlled because I am healthy and medicate daily. A cold, RSV, flu, or COVID could change all that rapidly.

    After my appointment, I went to an X-ray clinic to get my knees X-rayed, and although several people there were wearing masks, several people with nasty coughs were not wearing masks. I hope my N95 did its job. I threw it out as soon as I was out of the clinic. I don't understand why people are so inconsiderate. I don't care if it's "just a cold." I've had to go to the hospital on numerous occasions because a common cold put me in a breathing emergency.

    If you're sick and you're not wearing a mask in public, you could very well disable or kill someone. Don't be a dick. Mask up.
    #MaskUp #disability #InvisibleDisability #asthma #RespiratoryDisease #DisabilityRights #InvisibleDisabilityRights

  3. “A Step from Reality”

    OutOfExile_IDR – © 1989

    Listen to a reading of this poem (0:00)

    The door creaks open, fanning through
    a mind-expanding daemon mist.
    The silver-footed queen trips light
    across a sapphire sky, the gods have kissed.

    My foot is raised and falls outside
    the lines that tame society.
    The threshold where resolve dissolves,
    a step…
    from reality.

    Breaths of azure mist prepare me now,
    endowing me to understand.
    The spirit then appears to me;
    a troubadour with open hand.

    The Spirit Walker leads me over
    tranquility upon the ground.
    Through the needle’s eye, oasis.
    Confusion has a calm, I found.

    Inside, golden honey waters
    flow down sparkling diamond peaks.
    Philosophies and life sought wisdoms
    entwine now, as the minstrel speaks.

    “The theater of noise combined with poetry and vivid light,
    vigorates the hidden senses, exquisitely at night.
    Utopianamore… A land of many dreams.
    Where wisdom is a gift to all, but not quite as it seems.
    “

    Wander through the shadows of your mind
    a step
    from reality.
    The boundaries of consciousness redefined,
    relaxing state of anarchy,
    a step…
    from reality.

    OutOfExile_IDR™ – © 2024

    All writings, images, graphics, logos, and other content by: OutOfExile_IDR™ unless credited otherwise.

    All Rights Reserved. No Scraping.

    Featured Artwork by Max Hay

    https://outofexileidr.vivaldi.net/2024/11/11/a-step-from-reality/

    #Poetry #Writing #WritingCommunity #InvisibleDisabilityRights

  4. Thinking of Lois Curtis today and remembering her resilience and determination. She is deserving of every person's respect. If you don't know who she is, take some time to discover.

    “To The Brave And Strong: Lois Curtis” outofexileidr.vivaldi.net/2024

    💚 If you like my work, please consider buying me a coffee on ko-fi: ko-fi.com/outofexile_idr

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    #disability #ActuallyAutistic #InvisibleDisabilities #ADA #MentalHealth #freedom #community #resilience #LoisCurtis #InvisibleDisabilityRights

    @disabilityjustice @disability @disabledvoices @actuallyautistic

  5. Thinking of Lois Curtis today and remembering her resilience and determination. She is deserving of every person’s respect. If you don’t know who she is, take some time to discover.

    Without her heroic efforts, there would be no Olmstead Act protecting the right to freedom for people with invisible disabilities (IDs) and mental health challenges. Lois, and her co-plaintif Elaine Wilson, took the battle against societal, and institutionalized ableism all the way to the Supreme Court and won. There is, however, much that still needs to be accomplished on the trail that Lois blazed.

    Lois Curtis was born in Georgia, on July 14, 1967, with developmental/cognitive disabilities, and was later diagnosed with schizophrenia. Until the age of 11, she lived with her family and attended public school which she loved, but behavioral issues stemming from her disabilities soon caused her to be institutionalized. Lack of understanding and lack of services in the community for individuals with invisible disabilities and mental health challenges are the main reasons that Lois spent most of her life essentially incarcerated in institutions for a health issue.

    By age 11, Lois was repeatedly in and out of Georgia Regional Hospital, and not long after was institutionalized in other similar facilities throughout her adolescence, as well as most of her life. She was regularly sedated through her teen years. Her outlook only continued to darken as her misery grew–she was trapped in a “healthcare” prison due to lack of understanding and accommodation. The use of weaponized pharmaceuticals and other inhumane treatments to “control” individuals unnecessarily has been the fate of many with invisible disabilities throughout history. If you think this has changed entirely, you are sadly mistaken about the medical “industry”. If there’s no individual accommodation for each person’s specific disabilities, the system is fundamentally broken and actively harmful.

    Eventually, doctors concurred that Lois no longer needed, nor did she fit the criteria for, involuntary institutional “incarceration”, but there were no home/residential settings or home care supports for her and others with similar disabilities affecting the mind. Because the entire community surrounding people with invisible disabilities did, and continues to, ignore and drop the ball regarding our need for proper services, Lois was basically an inmate in a prison disguised as a hospital for decades of her life. Imagine if you were diagnosed with brain cancer. Would the best treatment be to lock you up and throw away the key? What are those without these types of disabilities doing to change the rules, fight for fair pay, accommodate, and remove the stigmatude1, leaving only love and acceptance in its wake? Real change won’t happen without action from the abled.

    During the many years that Lois Curtis was held prisoner because of her health, she developed a close friendship with another “patient” named Elaine Wilson. Together, the two of them stood in defiance against an ivory tower of injustice for the invisibly disabled community. With the help of, surprisingly, a Legal Aid Society attorney, they took their fight all the way to the Supreme Court, but not until Lois continuously, politely badgered attorney Sue Jameison, melting her heart and convincing her to take the case.

    Having much personal history dealing with state disability protection agencies, legal aid societies and their funders like Legal Services Corp.gov LSC.gov, polite badgering seems to be the only way for many people with invisible disabilities to get accommodation and legal representation to protect themselves. I’ve had to play this legal wrangling game many times.

    Finally, in 1995, Lois and Elaine Wilson’s determination paid off and Atlanta Legal Aid filed a case against Georgia Department of Human Resources Commissioner, Tommy Olmstead. The complaint reasoned that the state was violating their rights pursuant to the Americans with Disabilities Act (ADA section 504), arguing that people with invisible disabilities cannot be forcibly institutionalized. The decision also requires municipalities and state governments to provide community-based services, affording individuals like Lois Curtis the right to live in their own home, and enjoy full “community integration”. The ruling applies to any facility/institution that receives federal funding.

    Four years after filing, the decision was handed down in 1999, and Lois Curtis and Elaine Wilson won their freedom, and the right to freedom for every person with developmental and invisible disabilities. The decision is touted as the “Brown Vs. Board of Education” of Invisible Disability Rights. In the years following this historic Supreme Court case, Lois worked with the US Department of Health and Human Services Office of Civil Rights (HHS OCR) on other Olmstead cases. She was also an honored guest at the White House during the Obama administration.

    Despite the circumstances throughout her life, Lois always seemed to light every room she entered. Her thankful and simple approach to life, is an example everyone could learn from. Lois in her own words:

    “Well, I make grits, eggs, and sausage in the morning and sweep the floor. I go out to eat sometimes. I take art classes. I draw pretty pictures and make money. I go out of town and sell me artwork. I go to church and pray to the Lord. I raise my voice high! In the summer I go to the pool and put my feet in the water. Maybe I’ll learn to swim someday. I been fishing. I seen a pig and a horse on a farm. I buy clothes and shoes. I have birthday parties. They a lot of fun. I’m not afraid of big dogs no more. I feel good about myself. My life a better life.”

    – Lois Curtis, faams.org

    Unfortunately, like so many with disabilities, Lois lived in poverty all of her life and on November 3, 2022, she died in poverty. I remember seeing the mutual aid requests for her on social media just before her passing. The strength and courage of Lois Curtis will always inspire me to keep fighting for IDR. She was a champion of change for invisible disability rights and forever will be. Thank you, Lois.

    1. “My brain is not always helpful, but this flub combining two words was.
      Stigmatude: The attitude personified by lack of understanding and acceptance of people living with invisible disabilities and mental illness, that ableists and many others perpetuate.”
      -OutOfExile_IDR™
      ↩︎

    OutOfExile_IDR™ © 2024

    All writings, images, graphics, logos, and other content by: OutOfExile_IDR™ unless credited otherwise.

    All Rights Reserved. No Scraping.

    Image Courtesy of Anthesis

    Sources:

    Olmsted Rights: https://www.olmsteadrights.org/iamolmstead/history/

    Lois Curtis on Life After Olmstead: https://publications.ici.umn.edu/impact/28-1/lois-curtis-on-life-after-olmstead

    Families as Allies: https://publications.ici.umn.edu/impact/28-1/lois-curtis-on-life-after-olmstead

    Wikipedia: https://en.wikipedia.org/wiki/Lois_Cur

    National Women’s History Museum: https://www.womenshistory.org/education-resources/biographies/lois-curtis

    https://outofexileidr.vivaldi.net/2024/11/03/to-the-brave-and-strong-lois-curtis/

    #Disability #InvisibleDisabilities #MentalHealth #ActuallyAutistic #InvisibleDisabilityRights #LoisCurtis #SupremeCourt

  6. If you're disabled, and you only consider and accommodate people with your particular disability, you might be an ablest... Strike that, you are! I'm not always Pollyanna, sometimes I'm Oscar the grouch. Please don't take the lid off my can.

    “With Gentle Affect – Surviving Trauma” outofexileidr.vivaldi.net/2024

    #DisabilityCommunity #disability #DisabilitySolidarity #CPTSD #ActuallyAutistic #ADHD #InvisibleDisabilities #InvisibleDisabilityRights
    @actuallyautistic @disabilityjustice @disability

  7. “With Gentle Affect – Surviving Trauma”

    2024 update to a piece originally published December 15, 2022

    Written with gentle affect and love for all:

    Words can be a powerful thing. Sometimes we may say something unintentionally that can open the wounds of another. The range of emotion conjured when this occurs, may sometimes be manifest in response. Sometimes this reaction is purely instinctual. In this scenario, I have been both the receiver, and unknowingly, the offender. In the role of the latter, I was in no position to cop an attitude with the person informing me about my offense. I listened, apologized, and corrected myself to accommodate the individual’s disability, emotion, or trauma.

    In a world that has become so full of hate, there are many that have survived great trauma. Words that may seem innocent, can be like thrusting the sharpest of double-edged swords, slashing open the heart’s healing scars. Sometimes, if one pokes the hive, the bee is likely to sting out of instinctual self-preservation. It’s important to be mindful of others we encounter. Only they may know the shadows that haunt within them.

    Being an advocate is not an easy task–essentially, you’re telling people that what they do may not be right. But without advocacy, where does change lie? Because of the cards I’ve been dealt, I’ve been a magnet for every type of discrimination, ableism, and injustice a disabled person might experience. And because of my recovery and resilience, I feel a responsibility to stand firm for people that may not have the strength, or fear speaking out. If one day, doing so may help to prevent others with invisible disabilities from being subjected to any of the many things I have experienced, how could I remain silent?

    With that said, the last time I checked, I’m human, complete with a brain, a heart, and everything else, including emotions. I also don’t harbor bitterness or resentment… It messes up the atmosphere inside. Having multiple physical and invisible disabilities, including two brain injuries and autism, I don’t always pick up on everything and sometimes struggle with social cues. A civil, patient conversation usually removes any misunderstandings.

    I originally wrote this in December 2022, in response to a situation in which somebody reopened a scar 0f mine with careless banter, though unintentionally. In that case, rather than communicate in a civilized manner, they instead flew off the handle. In my opinion, this is not the way to tear down the walls that separate. Unfortunately, after this person stirred up traumatic emotions in me, they became angry when I made them aware. It’s my trauma, and I’m not sorry I spoke up about their unnecessary statement, which was best left unsaid.

    If something I’ve said was misinterpreted or seemed offensive, I’ve always been open to civilized correction and conversation about it. I am not open to aggressive, assumptive bellowing, badgering, or spewing of unfounded facts or accusations.

    Update 2024

    The original post from 2022 came about after someone made a comment about a disability limitation that bothered me very much. This person, who also has invisible disabilities, was oblivious to the pain they caused, and decided to block me instead of communicate. C’est la vie. I wrote the piece above, and moved on.

    A couple of weeks ago, that same person followed me again, but I didn’t recognize them from two years ago. A couple of my invisible disabilities are accompanied by occasional memory issues. As I often do, I copied their handle and went to my other profile to follow them from there, as well. When I went to their page, they had me blocked, which confounded me. After a few days of consideration, I wrote a polite, but frank DM just to ask why they had me blocked, and clear my confusion. I still had no idea who it was until I received their response.

    The person went semi-ballistic, making unfounded assumptions about my character and motivations, adding that they had “had run-ins” with me before. I knew exactly who this person was from two years ago–the one who insulted me about limitations of my disabilities, and behaved in a similar manner back then. Perhaps their agitated state is a symptom of a disability that I am unaware of. Either way, I will accommodate them. I didn’t feel the need to waste my time replying, so I updated this piece for my blog instead.

    I would caution every member of the disabled community (and anyone outside of it) with this last bit of advice:

    If you’re disabled, and you only consider and accommodate people with your particular disability, you might be an ablest… Strike that, you are! I’m not always Pollyanna, sometimes I’m Oscar the grouch. Please don’t take the lid off my can.

    “If one breaks one’s leg, they may have trouble walking. Patience and understanding is key. The same is true for the brain.” – @OutOfExile_IDR

    OutOfExile_IDR™ – © 2024

    All writings, images, graphics, logos, and other content by: OutOfExile_IDR™ unless credited otherwise.

    All Rights Reserved. No Scraping.

    Feature Image by finemayer

    Source: Living my life

    https://outofexileidr.vivaldi.net/2024/11/02/with-gentle-affect-surviving-trauma/

    #ActuallyAutistic #ADHD #Conflict #CPTSD #Disability #DisabilityCommunity #DisabilitySolidarity #Equality #Healing #InvisibleDisabilities #InvisibleDisabilityRights #Kindness #MentalHealth #Peace #PTSD #Sensitivity #TBI #Trauma

  8. Tech Support helpline just for disabled people and a broad view of accessibility. Microsoft thinking outside the box.

    Microsoft Disability Answer Desk and a Neurodivergent Approach to Accessibility outofexileidr.vivaldi.net/2024

    💚 If you like my work, please consider buying me a coffee on ko-fi: ko-fi.com/outofexile_idr

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    #Microsoft #mobiliy #LimbDifference #disabilities #TBI #InvisibleDisabilityRights #PSTD #ActuallyAutistic #tech #GamingAccessories @actuallyautistic @disability @disabledvoices

  9. Christian Glass was another innocent person killed by police. When his vehicle got stranded in the Rocky Mountains, he thought the police would help him. The story of what happened and updates on the trials of those responsible.

    #MentalHealth #Disability #Justice #StopKillingUs #InvisibleDisabilityRights #DisabilityJustice @disabilityjustice @disability

    When Christian Glass called Police For Help, They Shot Him Six Times: outofexileidr.vivaldi.net/2024

  10. Christian Glass was another innocent person killed by police. When his vehicle got stranded in the Rocky Mountains, he thought the police would help him. The story of what happened and updates on the trials of those responsible.

    #MentalHealth #Disability #Justice #StopKillingUs #InvisibleDisabilityRights #DisabilityJustice
    @disabilityjustice @disability

    When Christian Glass called Police For Help, They Shot Him Six Times: outofexileidr.vivaldi.net/2024

  11. Photo collage of Christian Glass. See Alt text for more.

    When Christian Glass called Police For Help, They Shot Him Six Times:

    CONTENT WARNING: The details and videos of this event may be disturbing to some.

    June 10, 2022: Christian Glass, from Boulder Colorado, called 911 after his car went off the road near the town of Silver Plume in Clear Creek County, He found himself stranded in the Rocky Mountains, sometime after 11 PM. He nervously told the operator he was very afraid, “coming off of a depression” and said, “I will not be fine on my own”. He continued, “If I got out of the car, I might be in danger”, also telling the operator about some amateur geology tools he had, which included, a hammer, rubber mallet and two knives.

    He continued, saying, “I’m not dangerous. I will keep my hands completely visible” and offered to throw the tools out of the car when police arrived. It sounds like Christian Glass was afraid of interacting with law enforcement, and based on some of his other statements to the operator, may have been experiencing a mental health situation. Despite all of the information provided by Christian in the 25 minute call, the 911 operator told police he was “very paranoid”, “not making much sense”, and had “weapons”.

    When police arrived, he again offered to throw the tools out of the window, but was told not to do so. Clear Creek Deputy Andrew Buen and his patrol partner, Timothy Collins, were the first on the scene. The officers commanded him to get out of the vehicle but, Christian was afraid to, telling them “I’m scared… I’m really scared”. He then asked officers, “are you going to shoot me if… [inaudible]?” As officers continued to tell him to get out, Christian asked, if he could “hang out” in the vehicle until paramedics arrived.

    At gunpoint, he told the officers, “You’re not communicating clearly with me. I don’t understand what’s going on.” The officer mentioned the knives, and Christian offered to throw them out the window again. On the body cam video, what sounds like the spinning of tires can be heard, as Christian repeated, “I can’t go”, seemingly demonstrating that the vehicle was stuck. The deputies immediately became more aggressive, instructed him to remove the keys from the ignition, and deployed stop sticks behind his already immobilized vehicle.

    The two officers would soon be joined by others from the Idaho Springs PD, Colorado State patrol and Georgetown police. With Christian’s doors locked, still afraid to exit the vehicle, one officer wielding a firearm asked him why he would not get out. Christian replied, “Sir, I’m terrified”. Multiple officers were pointing their weapons at him, which would likely have that effect on anyone. Christian’s tone in each of his responses was fearful sounding and soft-spoken, not in any way aggressive. Remember, this was a stranded “motorist in distress call”, which usually does not require an army. The 911 operator’s depiction of the call, may have contributed to the militant reaction by police.

    The gang of officers attempted to get Christian Glass out of the car for approximately 70 minutes, during which he made a heart with his hands, blew kisses and prayed. According to reports, for the majority of the hour, the scene was calm, with many of the officers standing around and casually chatting and joking. This is certainly not the behavior of someone that felt this fearful, stranded motorist was a threat. Deputy Buen continued to be aggressive, and ultimately, Clear Creek Sheriff’s Sgt. Kyle Gould, authorized the officers to “extract” Christian from his vehicle. At least one report cited something about the mention of wasting man-hours.

    At this point in the interaction, it should have been obvious, Christian was likely having a mental health episode. One of the deputies shattered the window and Christian was shot with beanbags. He began to flail in the driver seat when one of the officers yelled, “SOMEONE TASE HIS ASS”. Deputy Buen blasted Christian Glass with his stun gun, and he began screaming hysterically, “Lord hear me”, pleading for mercy from the officers. On the body can video, someone can be heard saying, “you can still save yourself”.

    It was not until this point in the incident, after an hour at gunpoint, that Christian was no longer soft-spoken and calm. The look of terror in his eyes is tormenting to see. Seven officers surrounding him, one standing on the hood of his car, were all shouting and pointing their firearms at him. Christian glass began to shout in terror, panic, and finally, act erratically. Who would not, especially someone with an invisible disability, or that was experiencing a mental health crisis.

    The hour-long mental battering, and being shouted at instead of listened to, could be likened to; the invisible disability equivalent of kicking someone’s crutches from beneath them, kicking them every time they tried to get up, and still expecting them to walk. Christian Glass, could likely no longer process thoughts correctly. I’d imagine, in his mind, he believed he was about to die.

    When Christian turned back towards the deputy holding his door closed, Andrew Buen shot the 22-year-old motorist, firing at least five bullets. One of the officers, presumably Buen, said to another, “… he went for you Williams…Right?”. Deputy Tim Collins, the shooter’s partner, was captured on body cam audio saying, “My God what have we done?”. The lifeless body of Christian was dragged out of the vehicle, and he was pronounced dead on the scene.

    Photos of police at the scene. See alt text for more

    In a statement the following day, the Clear Creek sheriff’s department called Mr. Glass “the suspect”, described him as “argumentative and uncooperative”, and accused him of attempting to stab an officer. They also cited the potential of DUI. The coroner ruled it a homicide with the cause of death being multiple gunshot wounds. The evidence suggests that Christian Glass feared police so much, that after he was tasered, he tried to stab himself.

    Deputy Andrew Buen and his supervisor, Sgt. Kyle Gould, were subsequently charged for killing Christian. Buen with second-degree murder, official misconduct, and reckless endangerment, and Gould for reckless endangerment and criminally negligent homicide. Sgt. Gould gave the order to forcibly remove Christian Glass from his vehicle. Buen was released on $50,000 bail, while his superior was released on only $2500. The initial proceedings began in December 2022. Interestingly enough, Deputy Buen had already been accused of excessive force in an unrelated $407,000 lawsuit.

    Along with Sgt. Kyle Gould, officers on the scene that were charged with “duty to intervene”, for failing to save Christian’s life were: Brittany Morrow, Christa Lloyd, Randy Williams, Mary Harris, and the shooter’s partner, Timothy Collins. All were terminated, but some of already been hired by other law enforcement agencies. Colorado State Trooper Ryan Bennie also faced the same charge.

    Randy Williams, the deputy that held Christian’s door closed while Andrew Buen pumped him full of bullets, is currently working as a Georgetown Marshall. Kyle Gould, the sergeant who authorized Andrew Buen to “extract” Christian from his vehicle, pled guilty to his “duty to intervene” charge, in November 2023. He was fired and required to give up his law enforcement license as part of the plea deal. Out of the possible 364 days incarcerated and/or a $1000 fine, he was sentenced to two years probation.

    In the case of the primary aggressor and trigger man, Andrew Buen, the prosecuting attorney seemed to understand why so many with invisible disabilities, or MH challenges, fear interactions with aggressive law enforcement. In her closing arguments, Heidi McCollum,5th Judicial District Attorney, highlighted one concern of many with IDs: “So Christian has to be thinking to himself… I did exactly what they told me. I didn’t touch the knife, and now they’re pointing guns at me. I did what they told me to do… No wonder he didn’t trust them. No wonder he was scared”.

    The shooter, Andrew Buen. Image from CBS News Colorado. See all text for more

    Eleven of the twelve jurors, were in favor of a guilty verdict for second-degree murder, but ultimately, Buen was not convicted. He also skirted the charge of “official misconduct”, only being convicted of reckless endangerment. That charge is a a class 2 misdemeanor, punishable by up to 120 days in jail, a $750 fine, or both. Another travesty of justice, involving another murder of an innocent person with a disability of the mind. Uncharacteristically, I have no further comment about the verdict, but would love to read some of your opinions below.

    The murder of Christian Glass, who was born in New Zealand, and is also a citizen of the UK, made international headlines. The governments of both countries have asked for answers about this case. In May, 2023, the parents of Christian Glass were awarded the largest known police settlement in the history of Colorado and, as a part of the ruling, Clear Creek County was ordered to have a properly trained crisis response team by the year 2025. Christian’s mom was also allowed to address, and educate law enforcement officers. Because none of the swarm of officers tried to stop this murder, fueled by ignorance and aggression, the $19 million settlement was divided amongst all agencies involved as follows:

    • Clear Creek County responsible for $10 million.
    • Georgetown responsible for $5 million.
    • State of Colorado responsible for $3 million for the Colorado State Patrol officer and two Division of Gaming investigators that stood by and watched.
    • Idaho Springs, a department that has victimized others with disabilities, responsible for $1 million.

    The historic settlement sends a message, but unfortunately, it won’t bring Christian back. Their ignorance of proper accommodation for people with invisible disabilities, was painfully obvious in police body cam footage. These “public servants” disregarded the distressed motorist part of the call, and rolled in with “suspect weapon” on the brain, and weapons drawn. The “knifes” Christian Glass had, were part of his geology tool kit. I also have knifes that I use to spread butter on my toast. They never asked him what the hammer and knives were for. It doesn’t seem to matter if it’s Elijah McClain with autism, Ethan Saylor with Down syndrome, or Christian Glass, when law enforcement kills one of us, there’s usually little recompense, and even less justice.

    Original story by OutOfExile_IDR posted Sep 21, 2023

    OutOfExile_IDR™ – © 2024

    All writings, images, graphics, logos, and other content by: OutOfExile_IDR™ unless noted otherwise.

    All Rights Reserved. No Scraping.

    Featured Image (top) – Courtesy of:

    Sources:

    Christian Glass murder: What we know: https://www.independent.co.uk/news/world/americas/crime/christian-glass-shooting-colorado-video-b2344279.html

    Clear Creek deputy who shot Christian Glass was afraid he would stab an officer: https://www.cpr.org/2022/09/15/clear-creek-county-shooting-update/

    Judge: “Clear Creek Deputy intentionally and maliciously caused harm” https://www.cbsnews.com/colorado/news/christian-glass-case-motion-dismiss-denied-clear-creek-deputies/

    Body cam footage of the moments before Christian’s death: https://www.cnn.com/2022/09/15/us/clear-creek-county-colorado-police-shooting-investigation/index.html

    Deputies fired and indicted: https://www.cnn.com/2022/11/24/us/christian-glass-colorado-clear-creek-officers-police-shooting/index.html

    Largest police settlement in Colorado history: https://www.cpr.org/2023/05/23/christian-glass-settlement-what-we-know-about-the-case/

    Former deputy Andrew Buen verdict: https://www.cpr.org/2024/04/26/former-clear-creek-deputy-andrew-buen-christian-glass-death-verdict/

    Former Sgt. Kyle Gould sentence: https://kdvr.com/news/local/deputy-sentenced-christian-glass-shooting-called-911-for-help/

    Settlement announced and other info: https://www.cnn.com/2023/05/23/us/christian-glass-death-colorado-settlements/index.html

    The Killing of Christian Glass – Wikipedia: https://en.wikipedia.org/wiki/Killing_of_Christian_Glass

    Half of People Killed by Police Have a Disability: https://www.nbcnews.com/news/us-news/half-people-killed-police-suffer-mental-disability-report-n538371

    https://outofexileidr.vivaldi.net/2024/09/06/when-christian-glass-called-police-for-help-they-shot-him-six-times/

    #Change #ChristianGlass #InvisibleDisabilities #MentalHealth #PoliceViolence #SocialJustice #StopKillingUs #disability #InvisibleDisabilityRights

  12. Happy Labor Day. New developments call for action.

    On this Labor Day, Out Of Exile_IDR gives thanks and honor to workers, and the unions that protect them. Without unions, the experience of many workers may be similar to that of people with disabilities. This piece will focus on the exploitation and abuse of disabled workers by employers, and how it’s perfectly legal under federal and state laws in the US. I’ll also be touching on the upcoming war in Washington, that could finally change that.

    Section 14c of the US Department of Labor’s “Fair Standards Labor Act” (FSLA), has been virtually unchanged since it was enacted in 1938. Under the almost century old regulation, employers can apply for a certificate, which allows them to pay workers with disabilities, an unspecified subminimum wage. After a 2023 review by the DOL of section 14c, the battle against disability subminimum wage is about to begin.

    According to the US DOL’s ” Fact Sheet 39A: Fair Labor Standards Act section 14c… some of the establishments that can obtain a certificate, allowing them to financially exploit disabled workers, include:

    • Community rehabilitation programs (CRP) or workcenters
    • Hospital or residential care facility (patient workers)
    • School-work experience program (SWEP)
    • Business – A for-profit employer

    As for what types of “care” facilities can pay disabled individuals subminimum wages, the DOL fact sheet says: “A facility that primarily provides residential care for individuals with disabilities, including nursing homes, intermediate care facilities, assisted living facilities, halfway houses, and residential substance abuse treatment facilities. Such an employer may hire a worker with a disability who receives inpatient or outpatient treatment or care, often referred to as a “patient worker.” Certificates may be issued for a two-year effective period.”

    For businesses that want to fill their coffers by taking advantage of disabled workers, the “Fair” standards fact sheet states: “A for-profit employer… (can employ) …workers with disabilities at a subminimum wage based on the individual’s productivity for the work performed. Certificates may be issued for a one-year effective period”.

    The average sub wage, and the number of disabled people seemingly exploited by this legislation, seems to vary among the sources linked below. By any account, even one person with disabilities being preyed upon in this way, is far too many. The wages are inhumane. A 2021 Forbes article claims over 320,000 disabled workers, the majority with invisible disabilities, earn an average of $3.34 an hour. A previous Forbes article put the figures in excess of 420,000 people being paid as little as $2.15, while others cite drastically lower wages.

    Some organizations, like Goodwill, form their own “sheltered workshops”, determining their own limits on sub wages for their disabled workers. There seems to be no bottom limit on how little individuals with invisible disabilities can be paid. “The non-profits use “time studies” to calculate the salaries of Section 14c workers. With a stopwatch, staff members time how long it takes a disabled worker to complete a task. That time is compared with how long it would take a person without a disability to do the same task. The non-profit then applies a formula to calculate a rate of pay, which may be equal to or less than minimum wage”.

    A decade ago, NBC reported that Goodwill industries, presumably by authority of their DOL “Section 14c certificate”, paid disabled workers twenty-two cents an hour. The report claims that some were paid as little as three or four cents an hour. Think about paying your bills 10 years ago on a wage like that. Some nonprofits, even place Section 14c workers in outside, for-profit endeavors in restaurants, stores and even, “IRS centers”. That sounds more like calculated corporate and government exploitation, rather than accommodation, equality and “Goodwill” for the disabled community. Though the NBC “Goodwill” article and figures are old, the problem is older, and still continues today. Approximately 28% of US population have disabilities, a demographic too large to be ignored.

    The theory of sheltered workshops is to prepare individuals with disabilities to transition to outside employment. In Missouri, disabled workers packaging T-shirts, or sorting and counting dog treats to be sold on Amazon, rarely “graduate” these workshops into regular paying jobs. It’s infuriating to think, that disabled people are being paid $1.50 an hour to sort $15 Amazon dog treats, while Jeff Bezos builds rocket ships. Do you suppose, anyone claiming support for disability rights and economic justice, will stop buying dog treats from Amazon?

    I’m certainly no legal scholar, but the very reason the law allows this; because people have disabilities, seems to be an obvious violation of the ADA. The title of the recent ProPublica article linked below, says it all. “Missouri Allows Some Disabled Workers to Earn Less Than One Dollar and Hour. The State Says It’s Fine If That Never Changes”. To that, I say, “show me” change in the “Show-Me State” and across the country.

    In a follow-up to that story by ProPublica, some participants of sheltered workshops said they approved, citing the alternative, is to sit at home and do nothing. Are these opinions formed as a result of years of gas lighting and oppression being accepted as “just the way it is”? It’s time for new attitudes and alternatives for the disabled community when it comes to wages and employment, and time for action from everyone.

    In some places across the US, action has already been taken. About 16 states have changed or passed laws regarding disability subminimum wage exploitation but, nothing to speak of federally. A four year old press release from the National Council on Disability that “Applauded the US commission on civil rights call to repeal section 14c”, seems to be the sum of that effort. If you live in any of the states that have actions in progress, let your representatives know how you feel. Follow the “”legislation watch” APSE link to track progress. The Alternative? Similar actions introduced in Kentucky and West Virginia died in committee, allowing this despicable injustice against disabled people in those states to continue.

    Image Credit: © Ed Gorwell https://www.instagram.com/edgorwell/ See alt text for more.

    Is Change Coming?

    If you’re a nondisabled white-collar worker, changes already here, in the form of new protections that took effect for you, on July 1, 2024. Under the DOL’s new rule, the salary threshold requirements will change as follows: “Effective July 1, 2024, the minimum salary threshold for employees classified as “exempt” under the “white collar” exemptions will increase to $844 per week ($43,888 annualized). For highly compensated employees, minimum compensation threshold will increase to $132,964 per year, where at least $844 per week must be paid on a salary or fee basis.”

    In contrast to this action, for hungry disabled people living in poverty and being paid a couple of dollars an hour, there have been no substantial changes to protect them. Without the support of everyone, it’s likely to remain that way. Forgive my candor, but writing Alt text or encouraging others to, is not advocacy, it’s basic human decency to the blind community. Standing up for issues like this, affecting every disabled person in the country’s ability to be independent, to eat, and to live indoors… now that’s advocacy. What will you do?

    August 30, 2024: According to the Washington Post on Friday, President Biden has “declined to take action for most of his presidency” on his 2020 campaign promise to phase out FLSA 14c programs. Recently, however, “Biden’s Department of Labor has submitted a rule for review by the White House Office of Management and Budget”, which could trigger a “massive legal and political battle” to end the oppression, permitted by this regulation.

    Disability rights groups and some Congressional policymakers see the wording of the law differently. A 2023 memo sent to Julie Su, acting US Secretary of Labor, presents the legal argument that the Fair Labor Standards Act (FLSA), gives the Secretary “full discretion” to phase out the program, “without an act of Congress”. How much authority she has to do so, is uncertain, as are any possible attempts to block such efforts; in Congress, or through SCOTUS.

    The DOL “rule being developed”, is expected to call for more stringent reporting and enforcement. It could be “…the regulatory equivalent of abolition” of FLSA 14c disability wage exploitation, according to Seth Harris, former acting Labor Secretary and Deputy Labor Secretary under Obama. Any plan set forth would require a review by the Office of Management and Budget and undergo a protracted public comment period. Does any of that make anyone else want to contact their congressman, or write DOL Secretary Su a letter? The Office of the Secretary Leadership Team” contacts are linked below

    Under this archaic law, hospitals that may charge disabled, and other patients, as much as $25 for an aspirin, can further increase their profit margin, by literally, “using” disabled workers. Billionaire, and other business owners seem to enjoy the same unjust benefit. Far too often in these scenarios, people with disabilities are isolated in sheltered workshops for years, and sometimes “contracted out” by nonbusiness certificate holders, to for-profit businesses, like Amazon. Not only is it financial exploitation, but a seeming denial of community integration, as outlined in the Americans With Disabilities Act (ADA). I can’t $ee any reason why the FL$A $hould not be amended or repealed to $top this exploitation. Do you $ee one?

    Alt text: For the blind community, the letter “S” was replaced by “$” in the previous statement for effect, suggesting that money is likely the reason this unfair regulation has not been changed. It reads: I can’t see any reason why the FLSA should not be amended or repealed to stop this exploitation. Do you see one?”

    OutOfExile_IDR™ – © 2024

    All writings, images, graphics, logos, and other content by: OutOfExile_IDR™ unless credited otherwise.

    All Rights Reserved. No Scraping.

    Featured Image (top) – Courtesy of: Barbara Alper/Getty Images

    Sources:

    US DOL Office of the Secretary – Leadership Team contacts: https://www.dol.gov/general/contact/leadership-team

    “Subminimum Wage: …Why It Needs to End” – World Institute on Disability (WID): https://wid.org/subminimum-wage-what-it-is-why-its-unjust-and-why-it-needs-to-end/

    “Fight over pay for people with disabilities may erupt next month” – Washington Post: https://www.msn.com/en-us/news/politics/fight-over-pay-for-people-with-disabilities-may-erupt-next-month/ar-AA1pHHRN

    “Missouri Allows Some Disabled Workers to Earn Less Than a Dollar an Hour…” – ProPublica: https://www.propublica.org/article/missouri-sheltered-workshops-low-graduation-rate

    More disabled workers paid just pennies an hour– NBC: https://www.nbcnews.com/news/investigations/more-disabled-workers-paid-just-pennies-hour-nvna19916979

    Some in Missouri approve of sheltered workshops: https://www.propublica.org/article/what-disability-community-told-us-about-sheltered-workshops

    “Workers With Disabilities Can Earn Just $3.34 An Hour…” – NPR: https://www.npr.org/2020/09/17/912840482/u-s-agency-urges-end-to-below-minimum-wage-for-workers-with-disabilities

    “Paying Disabled People Less Than Minimum Wage: The Next Frontier for Disability Activism” – Forbes: https://www.forbes.com/sites/drnancydoyle/2021/07/30/paying-disabled-people-less-than-the-minimum-wage-the-next-frontier-for-disability-activism/?sh=1579a7707fe3

    Also Forbes: https://www.forbes.com/sites/sarahkim/2019/10/24/sub-minimum-wages-disability/?sh=4b845da4c22b

    Where Does Your States Stand – APSE: https://apse.org/state-legislation/

    NCD applauds USCCR: https://www.globenewswire.com/news-release/2020/09/17/2095347/0/en/National-Council-on-Disability-applauds-U-S-Commission-on-Civil-Rights-call-to-repeal-14-c-subminimum-wages.html

    US DOL accommodates white collar workers with protections, but not the disabled:
    https://www.employmentlawwatch.com/2024/04/articles/employment-us/u-s-department-of-labor-mandates-two-salary-threshold-increases-for-white-collar-flsa-exemptions-and-a-mechanism-for-future-automatic-increases/

    US Department of Labor – Fact Sheet #39A: https://www.dol.gov/agencies/whd/fact-sheets/39a-14c-obtain-certificate

    https://outofexileidr.vivaldi.net/2024/09/03/the-regulatory-equivalent-of-abolition-for-federally-sanctioned-exploitation-of-disabled-workers-massive-legal-and-political-battle-looms-in-dc/

    #Change #DisabilityEconomicJustice #DisabilitySolidarity #Election2024 #Equality #LaborDay #Politics #SocialJustice #Union #Wages #39A #ActuallyAutistic #disability #InvisibleDisabilityRights

  13. People with Disabilities and Extreme Heat
    "Deaths of People with Disabilities Surge in Spain, As Does the Heat" – Human Rights Watch

    People with physical and invisible disabilities are affected by heat in many different ways. Extreme heat in Spain, has taken the lives of approximately 1200 people since mid-July. The number of which are disabled, is unclear, but during the 2021 "heat dome" in British Columbia, Canada, 91% of those who died were disabled or chronically ill. I know heat certainly affects me. How does it affect you in relation to your disabilities?

    The "Human Rights Watch" article linked below, reports on "the serious physical and mental health consequences heat has for people with disabilities". During their study of disabled residents of Andalusia, they found issues including: "gaps in public responses to protect the disabled... A lack of outreach services… and lack of data" about people with disabilities.

    The "HRW" also cites a "LACK OF PARTICIPATION OF PEOPLE WITH DISABILITIES IN SHAPING RESPONSES". People's hesitance to share disability related info for statistics is understandable, but advocacy and activism from the community is a key part in bringing change. Stand up, speak out and unite for disability rights and climate change. #DisabilitySolidarity

    Human Rights Watch article By Jonas Bull: hrw.org/news/2024/08/15/deaths

    Image courtesy of AstroGraphics_Visuals: pixabay.com/users/astrographix

    #Disability #ChronicIllness #ClimateChange #InvisibleDisabilities #ExtremeHeat #HeatDome #InvisibleDisabilityRights #HumanRights
    @disability @disabilityjustice

  14. "Corona Cut" (video)

    I took a bunch of footage of the eclipse in April, and haven't really worked on film for quite a while. Needing a little creative therapy, I slapped this together tonight using the footage, trying out a basic retail movie-making app. The 50 second film is like a trailer of the eclipse corona and seems to have captured flares of activity on the sun. The "Diamond Ring" effect was also captured fairly well.

    I made a couple of different camera filters that gave me some cool effects – the green was a filter, I made using welders glass. I slapped a couple filtered clips in this, just messing around, and for for effect. I may make a "real" video with some of the abstract filter footage to post later. The music is "Eleventh Earl Of Mar", from the days of Genesis, when the only "Phil-roll", was his drum roll. I remixed and rearranged a few parts of the intro to accent images and transitions.

    Please, forgive the quality. Someone kept bumping and tripping on my tripod, and I had to dumb the original footage down a bit. I also beg your indulgence for my therapeutic "Fun with Editing" , using some of my old logo intros and and title pages.

    Seize the day... Squeeze it.
    Take the bushel from atop your lantern.
    Let your inner self be illuminated for all to see.

    All film, still images, graphics, and blah blah blah:
    OutOfExile_IDR © 2024
    No scraping!

    #SolarEclipse #photography #videography #filmmaking ? #Genesis #music #therapeutic #FunWithEditing #InvisibleDisabilityRights

  15. Apparently I got reported today for using the #Alt4me tag and not being blind. I was told by multiple people on Mastodon that if I didn't have the energy to do alt text for every image I could use this tag and someone would do it for me.

    Instead I got reported to my instance owner. You all need to make up your fucking minds what is acceptable and what isn't if you want people to stay on mastodon. As it stands, I don't feel comfortable posting images anymore because if I don't have the energy to write alt text then I get shamed, if I used #Alt4Me I get reported

    You people make it so tiring that for someone like me with ADHD and Executive Dysfunction it is much easier to just not use Mastodon to post any images!!!!

    I'd also like to touch on how people always shame others with "invisible" illnesses. I cannot escape it. Just because I am sighted does not mean I am not disabled in some ways. But people can't see ADHD and executive dysfunction, so I just get their personal diagnosis of 'LAZY'.

    I can tell why artists aren't flocking here in droves.

    I don't know what I am going to do going forward but I feel pretty fucking uncomfortable posting any images to Mastodon now lest I be shamed or reported or fediblocked because someone didn't like whatever about my posts.

    Thanks for that.

    Boosts highly encouraged I think everyone should see this.

    #disability #adhd #InvisibleDisabilityRights

  16. Justice for Elijah McClain – Trial Update for Friday, Oct 6th:
    ⚠️ CW: Police Violence against People with Invisible Disabilities.

    Forensic pathologist, Dr. Roger Mitchell resumed his testimony for the prosecution Friday. A large portion of the questioning was in redirect of the defense's cross-examination of Mitchell yesterday. Prosecutors rested their case following the testimony of the expert witness.

    The jury was then excused for an extended period of legal wrangling by attorneys, over definition of certain terms. One of the attorneys for defendants, Roedema and Rosenblatt also argued that, none of the witnesses directly implicated either of the accused officers. Citing that testimony focused on conduct of "officers" in general, they again shifted blame to the ketamine and paramedics.

    In the afternoon session, the officer's attorneys requested a detailed written account of the complaints against the defendants, known as a bill of particulars. With the jury still absent, attorneys for the accused continued their argument about "officer" implication and ketamine as the cause of death. Rosenblatt's attorney raised the question; could his client have known in advance, that EMTs would issue a fatal dose of ketamine to Elijah McClain? He answered himself saying, "...no."

    Attorneys for each of the defendants also filed a "Motion for Judgment of Acquittal", under rule 29 of Colorado law. It's an option afforded to the defense in criminal trials, once prosecutors have finished presenting their case. Motion, denied! After the court asked Roedema and Rosenblatt if they would be testifying, the defense ultimately, called no witnesses and rested their case. It seems they will be using evidence presented by the prosecution to refute the claims, that the two officers were responsible for killing Elijah McClain.

    A pretrial proceeding in the case of the first officer on the scene, Nathan Woodyard, is scheduled for Monday. Woodyard, who's being tried alone, put his hands on Elijah within 10 seconds of exiting his vehicle. Roedema and Rosenblatt arrived seconds later, further escalating the interaction with the 23-year-old autistic man. It's likely, Woodyard's defense may also shift blame to paramedics while attempting to separate the accused from the actions of the other two officers on trial. He is also charged with manslaughter, criminally negligent homicide, and assault.
    Jurors in the Roedema and Rosenblatt trial will return to court Tuesday, when closing argument are expected to begin.

    Click here 🧠 for the full account of what was done to Elijah.

    OutOfExile_IDR 2023

    #JusticeForElijahMcClain #BLM #DisabilityJustice #SocialJustice #ActuallyAutistic #NoJusticeNoPeace #StopKillingUs #ICantBreathe #InvisibleDisabilityRights #PoliceViolence #SayMyName

    @disabilityjustice @disability @actuallyautistics

  17. Justice for Elijah McClain – Trial Update for Tuesday–Thursday (Oct 3rd, 4th and 5th):
    ⚠️ CW: Police Violence against People with Invisible Disabilities. Photo – eye contact.

    Tuesday, Oct 3rd:
    The day began with the judge ruling that all witnesses must testify in person, which means, witnesses in Minnesota and Tennessee will be forced to travel to Colorado to give their testimony. Judge Mark Warner also "partially" sustained a request from the defense who wants to ask a witness about McClain's drug use and hospitalization for "LSD intoxication" in 2016.

    Dr. Stephen Cina, the "contracted" pathologists who performed the original "undetermined" autopsy on McClain, took the stand during the afternoon session. The account of the autopsy conclusion is details in Elijah's full story, linked below. In September 2022, after the grand jury indictment was handed down, Cina changed the original Adams County corner's 2019 autopsy. Though he amended the cause of death to "ketamine administration following forcible restraint", the (MOD) manner of death remained "undetermined", not "homicide". The doctor also claimed that he asked for body cam footage, witness statements and additional records in 2019 but, claims he "didn't get everything". Samples of McClain's brain, heart and lungs were tested, indicating that portions of the brain swollen which, Dr. Cina attributed to lack of oxygen. He also said the lungs were twice the original size because of inflammation associated with "aspirated vomit".

    Emails obtained through an open records request revealed that Adams County coroner Monica Broncucia-Jordan met with the Aurora officers that were investigating the killing of Elijah McClain, before the autopsy's "undetermined" MOD conclusion was reached. Cina also testified that two Aurora investigators were in attendance during the autopsy, while the actions of APD officers were under "review". These two events, in conjunction with the timing of the "undetermined" autopsy findings, are highly questionable. Did these occurrences have influence on Dr. Cina's conclusion? Is this another example of the perversion of justice, by those who facilitate that system?

    The witness claimed he change the autopsy after reviewing body camera footage, saying he believes restraint played a role in the death. In his original autopsy, Dr. Cina said, he believed Elijah had recovered from the carotid hold based on his apology after vomiting. He testified that McClain choked on vomit while wearing a mask during the "struggle" with officers, and again after being injected with ketamine. Despite his testimony on the increased size of McClain's lungs, Cina said he's still not sure if the aspiration caused his death. He also testified that Elijah would likely have recovered, "if not for the ketamine". Ultimately, Dr. Cina's testimony seems to indicate, he still can't, or won't make an accurate conclusive decision.

    Wednesday, Oct 4th:
    The court was dismissed around 11 AM after only two witnesses took the stand. After some legal wrangling with the judge, Ron Ryan an Atty Gen. investigator took the stand. He spoke to the jury about the location of the incident after a map of Elijah's route was admitted into evidence, along with his jacket, shirt, pants, shoes, and earbuds. Ryan's testimony brought attention to a "red substance" found on several of the items. One of Elisha's coworkers at the massage therapy business gave very brief testimony before court was adjourned at approximately 10:51 AM. The prosecution revealed that its final witness of the day would not arrive in Denver until later Wednesday evening.

    Thursday, Oct 5th:
    The prosecution called forensic pathologist Roger A. Mitchell Jr., the chair of the Department of Pathology at Howard University College of medicine in DC. He was contracted by the office of the Atty Gen to review the case, and subsequently submitted an additional autopsy report for the grand jury's investigation. Mitchell's autopsy reported that, the carotid hold and aspiration of fluid and vomit were a "result" of "forcible restraint" by the officers. He concluded that the actions of the officers and the overdose of ketamine are what killed McClain.

    The prosecution introduced autopsy photographs showing "abrasions and scrapes", and played body cam footage from the night of August 24, 2019. Dr. Mitchell said that the abrasions were caused by the carotid hold, and that Elijah's neck showed evidence of "blunt trauma", as well as broken blood vessels in his eyes. This seems to indicate that extreme force was applied to his neck by police. After being shown the body camera footage, the expert witness was asked to give his impressions of when Elijah began to show signs of respiratory distress during the interaction. He also addressed the paramedics diagnosis of "excited delirium".

    Dr. Mitchell's testimony provided definitive evidence indicating the culpability of Roedema and Rosenblatt in the murder. The defense interrupted the testimony with numerous objections throughout. The witness said he does not believe in "excited delirium as a medical diagnosis". After viewing the footage, Mitchell also testified in that McClain's actions and condition did not support claims of such a diagnosis. He gave detailed statements about Elijah's actions and statements in the footage including, when he told police that he was was experiencing pain. The doctor said, "… If we believe this notion of excited delirium, one of the things with excited delirium is that you're impervious to pain and that response objectively tells us that he's not impervious to pain, that he's responding to painful stimuli is being placed upon him" [SIC]. With the damning evidence presented thus far, it's not looking good for the two officers being tried for the murder. I'd imagine, this is little consolation for Elijah's mom Sheenen, who was in the courtroom today. Testimony resumes on Friday.

    [Correction: With many sources conflicting with one another throughout the course of this case, including discrepancies of Elisha's age, I'd like to clarify a couple of points about my articles. With limited pretrial coverage, some of the court dates for the three trials of the five accused first responders have been changed. I previously reported that the trial for the paramedics was to begin in August, as one source stated. With the multitude of changes, it's been hard to keep up sometimes. I also erroneously describe some of the officers as "former" when in fact, they are suspended without pay. My apologies for these inconsistencies.]

    Click below for the full account of what was done to Elijah.
    kolektiva.social/@OutOfExile_I

    OutOfExile_IDR 2023

    #JusticeForElijahMcClain #BLM #DisabilityJustice #SocialJustice #NoJusticeNoPeace #StopKillingUs #ICantBreathe #InvisibleDisabilityRights #PoliceViolence #SayMyName @disabilityjustice @disability @actuallyautistic

  18. Justice for Elijah McClain – Trial Update for Friday Sept 29th:
    ⚠️ CW: Police Violence against People with Invisible Disabilities.

    On Friday, a "Force and Control Tactics Instructor" from the "Federal Law Enforcement Training Center" was called by the prosecution. Dr. Marc Brown, is also a specialist in "de-escalation, constitutional policing, diversity and community trust building" for Polis Solutions, polis-solutions.net/ and was previously an police officer for 14 years.

    Prosecuting attorney, Jonathan Bunge, showed segments of the body cam footage from August 24, 2019, the night the world suffered the loss of Elijah McClain. Bunge asked the expert witness to give his opinion on the officer's actions in the video. The questioning was focused on whether the officers on trial followed Aurora PD training, which was the subject of Sgt. Kevin Smith's testimony Thursday.

    During cross-examination, the attorneys of the officers on trial for the murder, once again, focused on shifting blame to the paramedics administering the ketamine. He argued that it was the paramedics and not the officers, who did not properly care for Elijah McClain. Considering the whole account, none of them cared for him the way they should have, as professionals, or as human beings. That's just my legally insignificant opinion.

    Dr. Brown testified that the officers did not adhere to the trainings they were given saying, they "should have listened" to Elijah when he pleaded, "I just can't breathe correctly". He went on to say, they were trained to "check on" a person in "respiratory distress", and immediately call for "medical assistance".

    In my view: Instead of doing their "duty" to "serve and protect", they told paramedics stories about "crazy strength" and gun grabbing, with no mention of Elijah's critical state. Equally, the paramedics injected the overdose of ketamine without checking his vitals or attempting to talk to him, solely based on the scenario presented by the assailant officers. "Excited delirium" was the EMTs' unfounded snap diagnosis. The defense attempted to shift blame to the sergeant on duty, during it's cross-examination.

    During the more than four hours testimony of Mark Brown, one particular statement seemed all-encompassing of the accused failure to perform their duty:
    "My opinion is that during the restraint their actions were inconsistent with this directive. During the restraint, Mr. McClain several times complained that he was having trouble breathing and during the restraint period there was no indication that they monitored his breathing or pulse. And when he complained of having trouble breathing, there was no adjustment made to him and he was on his side at the time."; Brown testified.

    The trial has yet to touch on the unnecessary force seemingly used by defendants, Roedema and Rosenblatt. Not only did they not care for Elijah, the audio from the doffed body cams suggest to me, they were still roughing him up in the early stages of his distress, at least. The whole time they seemed to be acting out a scenario of resistance for the cameras lying on the grass. This is just my impression from watching the footage. Elijah was still handcuffed and wearing the mask, which almost certainly contributed to his inability to breathe. If I were a jury of 12 in this trial, the body cam footage would be enough for the case to have been long since decided.

    Other witnesses included an Aurora PD CSI that photographed the Adams County coroner's autopsy, and officer Darren Dunson. The prosecution showed the body cam footage of Dunson, who came on the scene after McClain had been assaulted and restrained. The trial is scheduled to resume on Tuesday, October 3rd.

    Click here 🧠 for the full account of what was done to Elijah.

    OutOfExile_IDR 2023

    #JusticeForElijahMcClain #BLM #DisabilityJustice #SocialJustice #NoJusticeNoPeace #StopKillingUs #ICantBreathe #InvisibleDisabilityRights #PoliceViolence #SayMyName

    @disabilityjustice @disability @actuallyautistic

  19. Justice for Elijah McClain – Trial Update for Thursday Sept 28:
    ⚠️ CW: Police Violence against People with Invisible Disabilities.

    Several witnesses took the stand today including forensic toxicologist Michael Lamb from NMS labs in Pennsylvania. He testified that the only substances found in Maclean's blood were ketamine and cannabis. Lamb calculated that McClain had been given 7.7 milligrams per kilogram, whereas a typical anesthetic dose for sedation is 4-6 miligrams. The dose given to McClain was more likely to render a person unconscious and require assistance breathing. The Attorney for the defense focused on the Marijuana found in Maclean's system but, Lamb said he could not speak to how it may have affected his behavior, or if he had used it on the day of the incident. The defense attorneys fixation on cannabis, seemed to me as if he was clutching at "reefer madness" straws.

    Also taking the stand today was Sgt. Kevin Smith, who oversees Aurora police trainings. Prosecutors dispelled the myth incorporated in their training that claimed "if someone can talk, then there able to breathe". Smith testified, "It's a pervasive phrase, but we're addressing it because an officer can be blind to certain signs if they truly believe it's true.… A person could be able to talk but still have an issue with respirations." Smith also said that in the case of respiratory distress, officers should call for medical assistance and provide aid themselves.

    The Sgt. was also asked about training in regard to use of the carotid hold that was applied to McClain more than once on the night of his death. This tactic restricts blood flow to the brain rendering the person unconscious. Smith testified there are protocols about using the carotid hold, including not to use it repeatedly. He stated, "Once they come back to consciousness, we want to kind of start a little timer and say, hey, if they're not coherent, if they're not answering questions, if they're not appearing normal in that 30 seconds, then it's a medical emergency... We need to update rescue and provide first aid if we need to."

    In my personal review of the three hours of body cam footage from multiple officers on scene, they seemed more concerned with weaving a tail of resistance by Elijah McClain for the body cam audio and other responders. The carotid hold was used twice on Elijah McClain who was not provided any medical attention by police. He never regained consciousness after it was employed. The trial resumes on Friday.

    Click here 🧠 for the full account of what was done to Elijah.

    #JusticeForElijahMcClain #BLM #DisabilityJustice #SocialJustice #NoJusticeNoPeace #StopKillingUs #ICantBreathe #InvisibleDisabilityRights #PoliceViolence
    @disabilityjustice @disability @actuallyautistic

  20. Justice for Elijah McClain – Trial Update for Wednesday Sept 27:

    Yesterday, after a late start because of a late juror, former Aurora police Capt. Stephen Redfearn took the stand. He testified that he had changed the dispatch log from "suspicious person" to "assault on a police officer". This change was made with no investigation or corroborating evidence, such as viewing body camera footage or interviewing the responding officers.

    Redfearn testified, "before this call was closed out, based upon the information that was provided to me by the sergeants, it went from a suspicious person to an assault based on the information. And so I changed it so would accurately reflect the information I had been provided". This is exactly how such misinformation becomes believed pseudo-fact, causing many to make judgments without confirmation or proof. "Procedures" like this are also a contributing factor in crimes committed by police, that are ultimately, swept away from the public eye. There are proven examples, supported by evidence in numerous cases, in which police lied to protect fellow officers or cover-up facts. The Eddie Irizarry case in Philadelphia is a prime example of this. The former Capt Redfearn, who altered the log, was the only witness to take the stand.

    Wednesday's proceeding was filled with attorneys for both sides engaging in several heated "off the record" sidebar discussions. The defense took issue with late disclosures regarding certain witnesses. During the days proceedings, defense attorney Harvey Steinberg argued for a mistrial two separate times.

    The trial resumed today, beginning with Attorney Steinberg asking for Roedema and Rosenblatt's trials to be severed. Once again, he requested a mistrial. The judge responded saying that, he has not seen all the evidence in the case, therefore, cannot decide on separating the trials of the two defendants. He also denied the defenses motion for a mistrial. The nurse who drew blood from Elijah McClain on August 24, Andrea Libhart, also gave her very short testimony this morning.

    Click here 🧠 for Elijah's full story.

    #ActuallyAutistic #BLM #DisabilityJustice #SocialJustice #NoJusticeNoPeace #StopKillingUs #ICantBreathe #InvisibleDisabilityRights #PoliceViolence #JusticeForElijahMcClain #disability

    @disabilityjustice @disability @actuallyautistic

  21. Justice for Elijah McClain – Trial Update for Wednesday Sept 27:

    Yesterday, after a late start because of a late juror, former Aurora police Capt. Stephen Redfearn took the stand. He testified that he had changed the dispatch log from "suspicious person" to "assault on a police officer". This change was made with no investigation or corroborating evidence, such as viewing body camera footage or interviewing the responding officers.

    Redfearn testified, "before this call was closed out, based upon the information that was provided to me by the sergeants, it went from a suspicious person to an assault based on the information. And so I changed it so would accurately reflect the information I had been provided". This is exactly how such misinformation becomes believed pseudo-fact, causing many to make judgments without confirmation or proof. "Procedures" like this are also a contributing factor in crimes committed by police, that are ultimately, swept away from the public eye. There are proven examples, supported by evidence in numerous cases, in which police lied to protect fellow officers or cover-up facts. The Eddie Irizarry case in Philadelphia is a prime example of this. The former Capt Redfearn, who altered the log, was the only witness to take the stand.

    Wednesday's proceeding was filled with attorneys for both sides engaging in several heated "off the record" sidebar discussions. The defense took issue with late disclosures regarding certain witnesses. During the days proceedings, defense attorney Harvey Steinberg argued for a mistrial two separate times.

    The trial resumed today, beginning with Attorney Steinberg asking for Roedema and Rosenblatt's trials to be severed. Once again, he requested a mistrial. The judge responded saying that, he has not seen all the evidence in the case, therefore, cannot decide on separating the trials of the two defendants. He also denied the defenses motion for a mistrial. The nurse who drew blood from Elijah McClain on August 24, Andrea Libhart, also gave her very short testimony this morning.

    #ActuallyAutistic #BLM #DisabilityJustice #SocialJustice #NoJusticeNoPeace #StopKillingUs #ICantBreathe #InvisibleDisabilityRights #PoliceViolence #JusticeForElijahMcClain #disability

    @disabilityjustice @disability @actuallyautistic

  22. Father Rejects Plea for Locking His Adopted Son in a "Box" for Behavioral Issues

    In January 2022, police in Jupiter Florida were called to the home of Tracy and Timothy Ferriter, about a missing runaway child. Detectives discovered an 8 x 8 room, described as a box, equipped with a padlock and doorknob, both of which locked from the outside. Inside they found a camera, a mattress and a bucket with a light switch on the outside wall of the room.

    The two parents had confined their adopted eight-year-old son inside this box for hours at a time, over the period of five years.. The child, who is now 13 years old (14 according to some reports), was adopted from Vietnam and had been diagnosed with "Reactive Attachment Disorder" (RAD). After returning from school, the boy was kept in the structure built in the garage, where they brought meals of leftovers to him and provided only a bucket for him to use the bathroom.

    Today, the father Timothy Ferriter rejected a plea deal offered by prosecutors offering him two years in jail and five years of felony probation. His role of the dice may see him facing up to 35 years behind bars. His wife Tracy, is being tried separately with jury selection in that case set to begin on Friday. Defense attorneys argued that the longest period of confinement was 10 hours which to me, doesn't lessen the severity of the parents actions. Other reports cited the period of isolation in the box to be as long as 18 hours.

    Treatment of people with invisible disabilities and mental health challenges being victimized in this way, as occurred throughout history. Isolation and abuse of this nature is certainly no way to treat behavioral issues, and anyone who knows anything about mental health knows, this type of treatment, will only make things worse. Below I've linked my piece on "Ridge Home for Mental Defectives" which provides a glimpse at an extreme example of this atrocious form of what some seem to think is appropriate "mental health treatment".

    Ridge Home for Mental Defectives":
    kolektiva.social/@OutOfExile_I

    Father Reject Plea Deal:
    courttv.com/news/father-accuse

    YouTube Recap of the Ferriter History (4 min 24 sec):
    youtube.com/watch?v=cMJDG93U-c

    Other Reports about the Case:
    katv.com/news/nation-world/boy

    wjla.com/news/nation-world/boy

    #MentalHealth #abuse #disabilities #InvisibleDisabilityRights #evil #DarkHistory #accommodation #understanding #ChildAbuse #HashtagsNobodyWillEverSearch
    @disability @disabilityjustice

  23. Justice for Elijah McClain – Testimony Resumed on Tuesday.

    The murder trial for two of the officers charged in the death of Elijah McClain continued on Tuesday. Security footage from the Shell gas station where McClain purchased iced tea moments before being confronted by police, was shown in court. McClain is shown completing his transaction and bowing in respect to the customer in line behind him. The owner of the gas station was questioned by the defense about McClain wearing a mask and coat on the warm summer night. The defense attorney asked "... you are telling me that it wouldn't give you pause for concern?", to which the witness responded, "No, it all depends on the persons, demeanor." Elisha wore those garments for medical reasons.

    The defense also argued that Maclean's "resistance" to officers, could have contributed to his death by making it harder for him to breathe. They have repeatedly attempted to shift blame to the paramedics that administered ketamine despite the body camera footage that documents officers requesting the drugging of Elijah. The 911 call that reported a "sketchy" individual wearing a mask was also played in the courtroom.

    McClain was a 23-year-old autistic black man whose death generated public outcry across the world. The trial will continue today.

    Click here 🧠 for more on what they did to Elijah McClain.

    #Justice4Elijah #BLM #DisabilityJustice #SocialJustice #NoJusticeNoPeace #StopKillingUs #ICantBreathe #InvisibleDisabilityRights #PoliceViolence #JusticeForElijahMcClain

    @disabilityjustice @disability @actuallyautistic

  24. Stigmatude: The attitude personified by lack of understanding and acceptance of people living with invisible disabilities and mental illness, that ableists and many others perpetuate. –OutOfExile_IDR

    Disabled people are real... Real cool.

    "Mr. Cool" – David Pate-150 on tik-tok is living proof.
    Dude's a rockstar!!
    Let's remove the stigmatude for all.

    Check out David's moves:
    tiktok.com/@davidpate150/video

    David's page:
    tiktok.com/@davidpate150

    Link to the video below:
    tiktok.com/@davidpate150/video

    Thanks to @Yak for posting this video and for his support of the disability community. Thanks to all of you as well.

    #Disability #DownSyndrome #EndAbleism #equality & #Love4All #IDR is #InvisibleDisabilityRights
    @disability

  25. If one breaks one's leg, they may have trouble walking.
    Patience and understanding are key.
    The same is true for the brain and communication.

    OutOfExile_IDR 2022

    Not all disabilities are alike and not all disabilities are visible.

    #disability #InvisibleDisability #understanding #accommodation #InvisibleDisabilityRights

  26. JUSTICE FOR ELIJAH MCCLAIN TRIAL UPDATE:
    FRIDAY– DAY 3

    Elijah McClain's mother left the courtroom in tears on Friday after body cam footage of his final moments were shown. Aurora Colorado PD has a long history demonstrating a "pattern and practice" of victimizing and harming POC and people with invisible disabilities.

    Elijah's "behavior" during the encounter was not that of a criminal in defiance but, a harmless person with invisible disabilities.

    Lawyers for the officers accused of murder have attempted to shift blame to the paramedics had injected him with ketamine.

    Click here 🧠 to read Elijah McClain's full story.

    #Justice4Elijah #BLM #DisabilityJustice #SocialJustice #NoJusticeNoPeace #StopKillingUs #ICantBreathe #InvisibleDisabilityRights #PoliceViolence #acab #JusticeForElijahMcClain

    @disabilityjustice @disability @actuallyautistics

    chron.com/news/article/video-o

  27. JUSTICE FOR ELIJAH MCCLAIN – FIRST TRIAL BEGINS:

    The trial of two of the five accused murderers of Elijah McClain, a 23-year-old autistic black man, is finally underway four years after his death. Opening statements began yesterday in the trial of former officers Randy Roedema and Jason Rosenblatt. The two are facing felony charges of criminally negligent homicide, manslaughter and assault.

    Today, the prosecution called their first witnesses and presented body cam footage. Two versions of the videos were submitted into evidence, the original, and one that had been enhanced for sound clarity and brightness.

    After the defense argued that the videos had been "manipulated", the judge ruled that the enhanced video would be allowed but, instructed jurors to "disregard anything seen or heard in the enhanced video if they could not see or hear it in the original".

    Click here 🧠 to read Elijah McClain's full story.

    Body cam footage presented in court today:
    sentinelcolorado.com/metro/bod

    Opening statements yesterday:
    cnn.com/2023/09/20/us/elijah-m

    #Justice4Elijah #BLM #DisabilityJustice #SocialJustice #NoJusticeNoPeace #StopKillingUs #ICantBreathe #InvisibleDisabilityRights #JusticeForElijahMcClain

    @disabilityjustice @disability @actuallyautistics

  28. It is an historical fact that the privileged groups seldom give up their privileges voluntarily. Individuals may see the moral light and voluntarily give up their unjust posture, but, as we are reminded, groups tend to be more immoral than individuals .

    We know, through painful experience that! freedom is never voluntarily given by the oppressor, it must be demanded by the oppressed.
    -Martin Luther King Jr.

    #CivilRights #InvisibleDisabilityRights #EndAbleism #EndRacism #LGBTQ #WomensRights #StopAsianHate #EndBigotry #TearDownTheWall #IDR

  29. ⚠️ CW – Suicide Prevention Month (TBI and Suicide)⚠️

    September is National suicide prevention month and many members of the Invisible Disability Community are at high risk but, they're not alone. Individuals in the LGBTQIA community are "four times more likely" to make such an attempt for much the same reason as disabled individuals. The way they are mistreated and stigmatized in society. It is also the second leading cause of death for young people in the US between the ages of 18 and 25. "Native American communities experience higher rates of suicide compared to all other racial and ethnic groups in the US being the eighth leading cause of death…".

    I thought this would be a good time to migrate and repost a piece I did on TBI "traumatic brain injury" and suicide to include these other at risk groups. What can you do if someone in your life is at risk? Spend some time with them, don't be judgmental, listen and love. If you see them being victimized or bullied, stand up and say something.

    TBI - Traumatic Brain Injury and Suicide (originally posted Dec 27, 2022)

    Why support is so important for those that live with TBI and Brain Injury. Between 2014 to 2017, the traumatic brain injury-linked death rate rose from 16.3 to 17.5 per 100,000 people.
    There were 61,131 TBI-linked deaths in 2017 alone, and nearly half of these deaths were by suicide or homicide from 2015 to 2017. Last summer, a rash of suicides on the USS Washington raised questions about lack of support and services said to contribute to these deaths.

    The links below present the dismal statistics and some ways to help prevent suicide among the population living with Brain Injuries and other marginalized people.

    Traumatic Brain Injury and Suicide | Psychology Today: psychologytoday.com/us/blog/ev

    cdc.gov
    cdc.gov/suicide/prevention/ind

    TBI and Suicide – PubMed.gov:
    pubmed.ncbi.nlm.nih.gov/223296

    Indigenous communities and suicide:
    publichealthpost.org/databyte/

    Trevor Project– LGBTQIA suicide: thetrevorproject.org/resources

    US News:
    usnews.com/news/healthiest-com

    Science Direct:
    sciencedirect.com/science/arti

    Association between disability and suicide – pub med.gov: pubmed.ncbi.nlm.nih.gov/344655

    Image by Gerd Altmann from Pixabay: pixabay.com/users/geralt-9301/

    #TBI #BrainInjury #suicide #SuicidePrevention #indigenous #native #disability #LGBTQIA #EmotionalSupport #inclusion #love #understanding #education #EndAbleism #DisabilitySolidarity #DisabilityCommunity #Here4All #ActuallyAutisic #InvisibleDisabilityRights #landback #TransLivesMatter

    @disability

  30. UPDATE: Philadelphia police officer Mark Dial WAS out on $500,000 bail. Dial shot Eddie Irizarry through the window of his car on August 14 and lied to the public saying, Irizarry was out of his car and lunging at him with a knife. The district attorney wanted bail revoked saying, it is a direct violation of the Pennsylvania Constitution. Bail is not granted in Pennsylvania for murder cases.

    BREAKING NOW: This afternoon, a judge revoked bail and former officer Mark Dial is now behind bars for the murder. It's about time that the two-tiered justice system made such a ruling. It's time for more of this. Keep fighting.

    #SocialJustice #PoliceViolence #StopKillingUs #MentalHealth #InvisibleDisabilityRights #POC #equality

  31. @OutOfExile_IDR_Voice
    UPDATE: Philadelphia police officer Mark Dial is currently out on $500,000 bail. Dial shot Eddie Irizarry through the window of his car on August 14 and lied to the public saying, Irizarry was out of his car and lunging at him with a knife. The district attorney wants that revoked saying, it is a direct violation of the Pennsylvania Constitution. Bail is not granted in Pennsylvania in murder cases.

    #SocialJustice #PoliceViolence #StopKillingUs #MentalHealth #InvisibleDisabilityRights

  32. Hashtag Intro.
    Click here 🧠 to expand.
    The Proverbial list Evolved:

    #InvisibleDisabilityRights #IDR
    #LandBack #Indigenous Kahnawá:ke Nia:wen kowa

    Behind and beside: #CivilRights #MentalHealth #EndRacism #LGBTQIA #BLM #WomenRights #EqualPay #StopViolence #StopAsianHate #POC Eater of clean foods Anti-AntiSemitic #EndBigotry for #everyone
    #BeYou #BeKind #BePatient
    #UnityConquers #TearDownTheWall :solidarity: union.place ✊🏽

    Focus: :ir:
    #DisabilitySolidarity #DisabledCommunity #EndAbleism #StopAbleistHate #DisabilityAdvocacy #passionate #DisabledVoicesUnite #CrossDisabilitySupport #inclusion #ListeningEar #Here4All #NeurodivergentThinking #neurodiversity
    #ConcussionAwareness #TBI #ABI #AnoxicBrainInjury #BrainInjury #SpineInjury #fibromyalgia #LimbDifference #ActuallyAutisic #OrthopedicDisabilities #SticksAndStones #BrokenBones #NaturesPharmaceutical #DisabilityAcceptance #EndAbleistHateCrime #StopAbleistSlurs #DisabilityEconomicJustice #CripTheVote #DisabilityLobby #HumanInterest #NonPartisan #research #Education #Knowledge
    #UnityConquers #TearDownTheWall
    ✊🏽 :solidarity:

    Un peu de moi?
    Je ne parle pas couramment Français. I like using #HashtagsNobodyWillEverSearch
    #FilmMaking #Writing #poetry
    Ex-#musician #Songwriter Passé
    💐⚘🌺🏵 #GardenCreator extraordinaire. #FlowerGardens #PhotorealisticImagination
    Et Bien plus encore.

    🙏, ✌️, 💛, :solidarity: #accommodation for "👥👩🏽‍🦯👤👨🏽‍🦽" with #InvisibleDisabilities
    Just like many of us, this list is incomplete and still evolving. (he, him)

    Please read the ALT text.

  33. @BrianHarrod
    Oh how I wish that people would stop using invisible disability and mental health issues when referencing people like Mr. My pillow, and other right wing zealots. It's insulting to an entire community and extremely stereotypical. Just ask Olympic gold winner Simone Biles actress, Emma Stone or millions of others.

    The fact that Mike Lindell is a combative right-wing asshole into conspiracy theories, has nothing to do with the rest of that community or with health conditions. It has everything to do with the fact that he's a combative right-wing asshole into conspiracy theories, that supports fascists. It's also extremely ablest.

    #disability #ableism #InvisibleDisabilityRights @disability @disabilityjustice @MadMovementMastodon

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