As it happens, the victim in this case is autistic and, presumably, hearing. But who’s not to say that some Deaf (or deaf or hard of hearing) blogger couldn’t be next? Maybe even you, or the favorite Deaf bloggers and vloggers who you read every day. Read on.

It has come to my attention in recent days that one blogger has been hit up with a subpoenae. Now, by themselves, subpoenaes are not universally bad. They’re simply legal documents that call people to court to deliver what could in some cases be valuable witness testimony. They can be a way to bring to light information that can help judges or juries in court cases arrive at the truth with greater confidence.

But in this case, several lawyers on the web have weighed in saying that this subpoenae seems to be more targeted at intimidating and silencing the blogger, Kathleen, so she will stop speaking out on topics that matter to her. Seems that some quacks out there are trying to claim that mercury in vaccinations are a cause of autism–so, therefore, shouldn’t you pay these obscene fees to chelate or otherwise treat your autistic child? And Kathleen has pointed out several times that the scientific evidence for this is non-existent. Certain parties don’t like this. So they slapped her with the subpoenae, supposedly to find out what she knows or to investigate whether this ordinary person is being funded by big pharmacy organizations or some such silliness.

Kathleen has claimed she knows nothing that would even help shed any sort of light in the court case at hand. Everything she knows is stuff that any ordinary person could look up through ordinary means. Surely rich lawyers could look up the same information much more easily on their own without needing to disturb her.

It doesn’t take a lawyer to see that the documents Kathleen has been asked to deliver are absurdly wide in scope. For one thing, they’ve copied her entire blog roll — which has more than 100 web sites on it — and asked that Kathleen turn over each and every single email or verbal conversation (?!) she has ever had with each and every single person on that blog roll. How many of YOU even KEEP all your emails? … And if you keep them, could you actually FIND all of them again, in organized fashion? And all that is just the start–some of the other things in her subpoenae are about as impossible to deliver.

Kathleen got into this apparently because she said some things that were controversial in the autistic community–or, more precisely, among a certain specific sub-group of parents of autistic children, and the people who sell them expensive fad treatments. But who else could be next? Perhaps a blogger who criticizes cochlear implants could get slapped with an impossible-to-meet subpoenae. Or someone who speaks out for bi-lingual education. If any blogger could be targeted with a nuisance subpoenae whose only purpose seems to be to intimidate and silence, then ALL bloggers, Deaf or hearing, could be vulnerable just for having opinions and daring to share them with others.

So let’s all stand up and say, “Enough.” Subpoenaes should be reserved for cases when actual information is likely to be uncovered. They should not be used as tactics of intimidation to squash people who say things that people with lawyers don’t like to hear. Lawyers need to know that bloggers–whether autistic or neurotypical, whether Deaf or hearing–will not stand still when one of our own fellow bloggers is attacked. Let’s all stand up and say, “I am Kathleen, come and get me.”

Go read the subpoenae itself at:

http://www.neurodiversity.com/weblog/article/150

Read what one fellow blogger says about the case; this should give a reasonably good overview:

http://qw88nb88.wordpress.com/2008/04/09/one-in-the-crowd/

Read what one lawyer says about the case at:

http://www.pointoflaw.com/archives/2008/04/vaccine-lawyer-subpoenas-kathl.php

And if you really want to read up on what bloggers are saying about the case, check out the running list at:

http://lizditz.typepad.com/i_speak_of_dreams/2008/04/kathleen-seidel.html

Then go and blog about the case. Show the world that bloggers refuse to be stifled. Tell the world, “I am Kathleen.”

No, none of the participating blog posts specifically focus on Deaf issues (sorry, ran out of time to write one), but several are still very much relevant for Deaf people who are fighting to protect their own human rights.



From Australia … from the USA … from India … from New Zealand … from Fiji … from the Philippines …

Writers and bloggers from around the world joined together to help celebrate and promote the first legally binding international human rights instrument to protect the rights of people with disabilities — the international disability rights treaty, called the Convention on the Rights of Persons with Disabilities (CRPD).

They celebrated by writing blog posts for the RatifyNow CRPD Blog Swarm 2008, which can now be read at
http://ratifynow.org/2008/03/29/ratifynow-crpd-blog-swarm-2008/

What did they write about? Some of the topics include …

… The story of one advocate who watched the birth of the CRPD among grassroots advocates with disabilities and others in the 1990s …
… How the CRPD could deliver new hope for people in India with mental disabilities …
… How the CRPD represents an evolution from the charity/medical model of disability to the social or human rights-based model …
… How the CRPD could make travel go a little more smoothly for tourists with disabilities …
… Why the CRPD matters for people who use personal assistance services or who are seeking the freedom to explore their own sexual expression …
… An allegorical tale about farmers, spoons, and plows: Why the CRPD is well worth celebrating and why our work isn’t done just because the CRPD is about to take full legal force …
… And more …

All at the RatifyNow CRPD Blog Swarm 2008, and all available by following the link to:

http://ratifynow.org/2008/03/29/ratifynow-crpd-blog-swarm-2008/

Celebrate and learn about the CRPD through the RatifyNow CRPD Blog Swarm 2008.

Then invite other people to do the same. Please circulate this notice or post it at your blog or web site — with, of course, a link to the blog swarm at

http://ratifynow.org/2008/03/29/ratifynow-crpd-blog-swarm-2008/

By Doug Hay
Doug Hay represents the organization Disabled Liberation in Aotearoa / New Zealand. Aotearoa is the indigenous (Maori) name for New Zealand. This blog post was written as a contribution to the RatifyNow CRPD Blog Swarm 2008, which is meant to celebrate and promote the international disability rights treaty called the Convention on the Rights of Persons with Disabilities (CRPD).

Disabled Liberation – Aotearoa / New Zealand

[This image consists of the wheelchair symbol on a red background.]

A militant organisation, espousing the aspirations of the doctrines for people with disabilities / disabled people, who are today facing oppression from actions by able bodied systemic violence, and; individual bigotry of Ruling Class society.

Members ‘ethnically’ identify their impairment as a mark of liberation towards universal equality through race, class and gender struggles. Its purpose is to ensure disabled men women and children live, love and carry on the good work ‘disability’ and its culture have to offer all societies.

Disabled Liberation acts for ‘The Disability Nation’, originally formulated by Adryan Linden of Sweden – Born Muscular Dystrophy. His intention is to have Disabled stand as an independent and autonomous body. Disabled Liberation itself has advocated a Permanent Seat on The United Nations Security Council as the only member with a Veto Power. Disabled liberation has supported industrial actions of Watersiders / Teamsters; Attended protests over indigenous Maori Land Rights, and supported Disabilities Organizations in areas of access and human rights like Prostitution Law Reform

In New Zealand (Aotearoa…the Maori / Indigenous name) Disabled are not faring well in regards to International Human Rights. We have policies of foetal scanning and terminations on the grounds of recognized impairments; restricted access for our young ones to education facilities; both Marital and Employment statistics are relatively low compared to Able Bodied paradigms, due to legislation and policies introduced in the 1990’s and subsequently continued by the NZ Labour Government since 1999.

We have immigration restrictions on entry for those families with disabled kids, and this has led to the death and suffering which the NZ Government promised to stop. Also, as this regime is maintaining disability as a ‘medicalized’ issue, they continue to identify our struggles as an individual’s ability to adapt to their (Able bodied) environment.

Disabled Liberation – Aotearoa is committed to The CRPD Convention for People with Disabilities, through its challenging the New Zealand government and its institutions like Universities, Courts etc to honor its Disability Strategy, officially announced in 2004. It also puts a Cultural face on ‘Disabled’ as a political body of votes…700,000 people identified as living with a disability, and Political and Cultural bodies need to recognise ‘Us’ as Allies, not as burdens.

My name is Douglas (Doug) Hay – Born Arthrogryposis and look forward to kids born with impairments to get the same chance to live equally. The 1984 Disabled Peoples International Call for Peace is a paramount for World relations, and we look forward to getting together with you at Ratify Now.

Kia Kaha…Be Strong

Doug

Disabled Liberation – Aotearoa

Auckland New Zealand



http://ratifynow.org/2008/03/29/ratifynow-crpd-blog-swarm-2008/

You may recall from earlier publicity that RatifyNow.org is organizing a “blog swarm” in which bloggers/vloggers and writers agree to write or vlog about the same topic at about the same time. In this case, the purpose is to celebrate, promote, and educate people about the international disability rights treaty, the Convention on the Rights of Persons with Disabilities (CRPD). I am posting this announcement here because I hope to entice more DEAF people to participate in the blog swarm!

For those of you who are thinking about writing a contribution for the RatifyNow CRPD Blog Swarm 2008, RatifyNow posted a small “taste” of what a few of the early contributers have submitted already at:

http://ratifynow.org/2008/03/25/sneak-preview-for-the-upcoming-ratifynow-crpd-blog-swarm-2008/

This is not the real thing. The actual blog swarm is still scheduled to go live on March 30 in New Zealand time. (In the rest of the world, it will still be the 29th.) RatifyNow is sharing this small sampling from among the early submissions in the hope that they will help inspire others to write more blog posts to supplement them.

Learn more about the RatifyNow CRPD Blog Swarm 2008 and how YOU can participate at:

http://ratifynow.org/latest-news/blog-swarm/

Contributions can be submitted to RatifyNow@gmail.com. Please use the phrase “BLOG SWARM” somewhere in your subject line. If you have a blog, send us the exact URL for your vlog or blog post, your name (or screen name), and the name of your blog. If you don’t have a blog then send the full text of your blog post, your name (or desired screen name), and a SHORT suggested title for your blog post. RatifyNow will try to find a home for it.

Calling all Writers for the RatifyNow CRPD Blog Swarm 2008!
Are you good with words? Do you care about protecting the human rights of Deaf people or people with disabilities? Are you looking for a way to celebrate the first anniversary of the international disability rights treaty, called the Convention on the Rights of Persons with Disabilities (CRPD), on March 30, 2008? (Which, YES, covers Deaf, deaf, and hard of hearing people too!)

Please participate in the RatifyNow CRPD Blog Swarm 2008!

What’s a Blog Swarm?
A blog swarm is when many bloggers agree to write blog posts on the same theme at about the same time. Writers who don’t have a blog can ask someone who does to publish their post for them. A blog swarm can increase public awareness of an issue.

I would love to see strong participation from the Deaf community for this blog swarm, including both written English blogs and also signed vlogs.

If you make a vlog, please try to provide either captions or a transcript. Why? Because people from all around the world may be reading the RatifyNow CRPD Blog Swarm 2008–including Deaf people from other countries who won’t know your signed language and blind people who cannot watch videos.

Why Celebrate the CRPD?
Does it make you angry when Deaf people, or other people with disabilities, are denied equal access to educational opportunities or good quality healthcare? Does it make you sad when Deaf children are denied the right to full communication access to their environment? Does it horrify you when Deaf or disabled people are left behind during times of natural disasters and war? Does reading about the abuse and torture of people with disabilities make you want to do something about it? These are all human rights violations.

When countries ratify the international disability rights treaty (CRPD), this obligates them to create laws to protect the human rights of people with disabilities. With these laws in place, the disability communities of ratifying countries will be in a stronger position to advocate for themselves—and be heard. That’s worth celebrating.

So, What’s the RatifyNow CRPD Blog Swarm 2008?
Writers are being asked to submit blog posts about the CRPD via email to RatifyNow@gmail.com at any time between now and March 27, 2008. If you don’t have a blog, we’ll try to find a home for your blog post.

For more details about the CRPD and the celebratory blog swarm, please follow the link to:

http://ratifynow.org/latest-news/blog-swarm/

Here, you will find links to the original announcement about the RatifyNow CRPD Blog Swarm 2008 and how you can participate; a page that can help educate yourself about the CRPD before you start writing about it; suggested topic ideas for you to consider; and suggested guidelines for people who are not familiar with how to write blog posts.

Then What Happens?
On March 30, 2008, come to http://www.RatifyNow.org to start reading what all the participating writers and bloggers say about the CRPD!

What Else?
Please help make the RatifyNow CRPD Blog Swarm 2008 a success by making sure people know about it! You may post this notice at your blog or other web site, or pass it along to people you know.

The new international disability rights treaty, called the Convention on the Rights of Persons with Disabilities (CRPD), should matter to all Deaf people around the world. Why? Because countries that sign, ratify, then implement the CRPD will be legally binding themselves to pass a wide range of laws that protect the human rights of all people with disabilities–and Deaf, deaf, and hard of hearing people too. It also legally obliges them to abolish laws that violate the human rights of deaf and disabled people.

So far, 18 countries have ratified the CRPD, and 125 countries have signed it. (No, signing and ratifying an international treaty are not the same thing. Signing a treaty is a way of promising that you will at least try not to do anything that would actively violate the treaty. And it is also a clear sign of interest in ratifying the treaty in the future. And while I’m at it: no, Convention doesn’t always mean “meeting”! In an international context it also means “agreement” or treaty.)

The United States is not yet among any of the countries signing the CRPD. Several organizations within the United States is working to change that. As one part of that effort will be a media event at American University, to which all national media is invited. See below for more information:

JOIN US IN BUILDING SUPPORT FOR UNITED STATES RATIFICATION OF THE
The United Nations Convention on the Rights of People with Disabilities (CRPD)

March 31, 2008 12 noon – 5:30pm

American University Washington College of Law
4801 Massachusetts Ave. NW
Washington, DC
Room 603

12:00 Lunch and Panel Discussion: International & US Implications of the CRPD

1:30 Keynote Presentation: The Honorable Tony Coelho

2:00-5:30
Working Session to develop an action plan to build US support and ratification of the CRPD
Moderated by: Bobby Silverstein & Jeff Rosen

5:30 – 6:30pm Reception

LIVE WEBCAST AT WWW.WCL.CENTERFORHR.ORG

Action Plan to be posted at
WWW.MDRI.ORG
By April 30, 2008

Conveners:
American University Washington College of Law Center for Human Rights & Humanitarian Law
Mental Disability Rights International

Co-Sponsors:
American Association of Persons with Disabilities
National Organization on Disability
Ratify Now
US International Council on Disability (USICD)

Lunch is free of charge – vegetarian options available
PARTICIPATION IS OPEN AS LONG AS SPACE IS AVAILABLE - RSVP TO:
http://www.wcl.american.edu/secle
Please indicate accommodations needed by March 21, 2008.

Some deafread.com fans are aware by now that I have been doing a lot of blogging about the ADA Restoration Act in the past few months, including how it affects Deaf people (but also people with disabilities generally).

But judging by comments left by some readers, some people aren’t clear on why we need the ADA Restoration Act in the first place, or exactly what the ADA Restoration Act is and isn’t meant to do. It’s important and it will help–some. But no, it isn’t meant to fix every loophole or flaw in the original Americans with Disabilities Act. It has a very narrow and specific purpose. It can be worthwhile to familiarize yourself with it so you can have realistic expectations for what it can–and cannot–accomplish for Deaf Americans or other people with disabilities.

In the next few weeks, I will be posting 9 separate items from a set of FAQs on the ADA Restoration Act developed by the Consortium for Citizens with Disabilities Rights Task Force. Here is the first:

FREQUENTLY ASKED QUESTIONS ABOUT THE ADA RESTORATION ACT OF 2007

1. What is the problem with the coverage of people with disabilities under the current Americans with Disabilities Act (ADA) that needs to be fixed?

The Supreme Court and the lower courts have dramatically changed the meaning of “disability” under the ADA over the past eight years – since the Sutton v. United Airlines decision – so as to make it almost unrecognizable.

Courts have ruled that people with epilepsy, diabetes, intellectual and developmental disabilities, muscular dystrophy, and cancer (among many others) are not “disabled” for purposes of the ADA. This is not what Congress intended when it passed the ADA in 1990.

► Studies show that plaintiffs lose 97% of ADA employment discrimination claims,∗ mostly on the grounds that they do not meet the definition of “disability.” These individuals are not even given the opportunity to show they can do the job and were treated unfairly because of their medical condition.

∗ See Amy L. Allbright, 2006 Employment Decisions Under the ADA Title I – Survey Update, 31 Mental & Physical Disability L. Rep. 328, 328 (July/August 2007) (stating that in 2006, “[o]f the 218 [employment discrimination] decisions that resolved the claim (and have not yet changed on appeal), 97.2 percent resulted in employer wins and 2.8 percent in employee wins”).

http://www.c-c-d.org/task_forces/rights/ada/FAQs.doc

Or you can download it in PDF format (102 Kb) at:

http://www.c-c-d.org/task_forces/rights/ada/FAQs.pdf

CCD has compiled an excellent collection of materials on the ADA and on the ADA Restoration Act of 2007, so it’s well worth following their link to www.c-c-d.org/ada. If you’re still new to the subject, this can help you understand why the ADA Restoration Act is critical to pass and why we should all be involved.

See my continually-updated list of blog entries from all over the web about the ADA Restoration Act of 2007, always available from the top navigation bar at “On the ADA Restoration Act.”

See eight examples of specific court cases that have served to undermine the spirit and intent of the Americans with Disabilities Act: click on “ADA Court Cases” under “categories” in the right-hand navigation bar.

Also, don’t miss these links: One group of activists has posted a short list of simple ideas of things you can do to help get the Restoration Act passed. And do check out the ADA Restoration Blog for updates. Or browse through background information on the ADA Restoration Act. Or contact your legislators. It is particularly important to write letters to your senators.

Here’s a mix of blog posts — the top three are particularly good: On why it isn’t fair to ask disabled Americans to keep waiting for access and employment; a strong response from the National Council on Disability to a recent spate of opposition to the ADA Restoration Act; and a podcast with quotes from the Jan 29 House hearing on the Restoration Act.

Still learning about the ADA Restoration Act and why it’s important for ordinary people like you to get involved? Scroll to the bottom for a collection of links that can help.

Disability rights advocate Bender speaks up for passage of ADA Restoration Act Feb 21 ‘08, Access Ability. Calls attention to an article by Joyce Bender, entitled The Waiting Game Must End for People with Disabilities. Once upon a time, in Martin Luther King’s era, black people were told to “wait” for equality. Bender explains why disabled people shouldn’t be expected to wait either.

NCD Responds to ADA Restoration Critics Feb 15 ‘08, JFA Activist: an important read for anyone who has been angered or concerned about recent opposition to the ADA Restoration Act. The National Council on Disability prepared this fact sheet in response to inaccuracies and distortions about the ADA Restoration Act that has been perpetuated by some of its opponents.

Day in Washington Podcast #19 (January House ADA Restoration Hearing) Feb 18 ‘08, Day in Washington posts a podcast about the January 29 ‘08 House hearing on the ADA Restoration Act. Worth checking for the quotes from, and commentaries on, the witness testimonies. Follow the link to listen to the podcast, or they also have the full transcript toward the bottom of their page.

Elected Representatives Respond re ADA Restoration Act Feb 13 ‘08, Crip Chronicles wrote to hir/his/her legislators urging their support for the ADA Restoration Act and all of them responded–see the summary of their reactions.

ADA: One Blogger asked me a question Feb 12 ‘08, Jim’s DEEP Thoughts wonders how we can avoid non-disabled workers trying to abuse the ADA.

ADA Restoration Act: The Fix Needs Fixing Feb 12 ‘08, Workers Comp Insider: this author agrees that courts have damaged the Americans with Disabilities Act as it was originally intended, but thinks that the ADA Restoration Act meant to fix it is itself in need of fixing.

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CCD has compiled an excellent collection of materials on the ADA and on the ADA Restoration Act of 2007, so it’s well worth following their link to www.c-c-d.org/ada. If you’re still new to the subject, this can help you understand why the ADA Restoration Act is critical to pass and why we should all be involved.

See my continually-updated list of blog entries from all over the web about the ADA Restoration Act of 2007, always available from the top navigation bar at “On the ADA Restoration Act.”

See eight examples of specific court cases that have served to undermine the spirit and intent of the Americans with Disabilities Act: click on “ADA Court Cases” under “categories” in the right-hand navigation bar.

Also, don’t miss these links: One group of activists has posted a short list of simple ideas of things you can do to help get the Restoration Act passed. And do check out the ADA Restoration Blog for updates. Or browse through background information on the ADA Restoration Act. Or contact your legislators. It is particularly important to write letters to your senators.

Ever been frustrated that Sidekick does not have all the features you would like to have as a deaf person? (Or as a deaf-blind person, or a person with other disabilities?) Been frustrated that there aren’t more companies with a “data-only” plan? Wish there were more phones out there with the features that deaf people really need, like an easy-to-type-on interface? Want to see better cell-phone features and services for Deaf-Blind people?

Personally, one feature I’d like to see is the capability of plugging a keyboard into my cell phone. The current keyboard on the Sidekick is okay for SHORT typing. But I refuse to kill my thumbs by typing long messages. And I just don’t do live conversations because thumb typing is so much slower than touch typing. But I would LIKE to be able to do these things. The capability to plug in a light, portable, folding keyboard would give me so much liberation.

Maybe this isn’t a feature you want to see, but maybe there are other things that are very important to you as a deaf consumer.

Well, one research center is gathering information and feedback from all consumers with all disabilities WHETHER OR NOT YOU CURRENTLY HAVE A CELL PHONE. (One of their very important questions is — if you don’t have a cell phone now, why not? If you don’t have a cell phone right now, then this is your chance to explain why.) This information will be used in part to help develop better wireless technologies for deaf people and for people with all disabilities.

If you wish to see past results from their survey, you can read them at:

http://www.wirelessrerc.org/publications/first-report-findings-of-the-survey-of-user-needs-sun

You can participate in the survey yourself (it takes maybe about 15 minutes) at:

http://www.wirelessrerc.org/for-consumers/survey-of-user-needs.html

This is your chance to MAKE THE NEEDS OF DEAF CONSUMERS HEARD. (Or the needs of consumers with disabilities in general.) I also hope that deaf-blind people will use the chance to make the needs of deaf-blind consumers known.

If you are very interested in this area, then at the end of the survey you also have the option to express interest in participating in future focus groups or other opportunities to share your feedback as a deaf consumer (or consumer with other disabilities). (Of course you don’t have to do this if you don’t want. You can just fill the survey and be done with it.)

Are there any deaf-blind people reading this?

I’m hailing all deaf-blind people especially because I am sure that deaf-blind people must run into enormous barriers in accessing cell phones. This survey could be your opportunity to express your views.

Remember that you do NOT need to own a cell phone in order to participate in this survey. If you don’t own one because current cell phones are not accessible, then you can say that.

You can also use the comments areas in the survey to suggest features, etc., that would be helpful to you as a deaf-blind person. What design features would make it possible for you to use a cell phone? Tell the people running the survey!

I’m guessing that probably not very many other deaf-blind people have participated in the survey so far. That makes it especially important to recruit more deaf-blind people. If you have any friends who are Deaf-Blind, please do alert them to the survey.

Someone recently left two comments elsewhere on this blog asking for help dealing with an alleged case of discrimination against himself as a hard of hearing student. A school he wanted to attend refused to provide him with an interpreter (I assume sign language interpreter though he doesn’t say).

Can anyone reading this please help advise Keith Lausch on what he can do to help himself? His email address is provided below. Please also leave a comment here so others can benefit from your advice.

Keith Lausch
i need help my self im hard of hearing and i been goin to school in riverside and the school called the fab school and to learn how to weld and build sand car and rock clawer so i been goin that school and they wont provide me an interperter so how can i find someone to file complaint against school and they didnt realize that alot of deaf people who live in riverside area so right now im having hard time goin that school so i need help who should i contact is anyone can tell me how and e-mail me bubbawelding@yahoo.com

Keith Lausch
I have a problem that I been goin to riverside school and the school called ” the fab school” is to learn how basic to weld and bending the pipe, notcher and more stuff so anyway i ask and request for an interperter and they refuse to provide me one and how can I file complaint that school and they didnt realize that in riverside area had alot of deaf community in that area so who can i albe to contact lawyer but who ?? and what they told me that they didnt break the law well which they did cause I never had one in that class and they say i was the first deaf in that class well not my problem i need interpter so i can understand what they saying in the class here my e mail bubbawelding@yahoo.com