The Roving Activist’s Blog

In a special, all day, closed door session in a hotel near Dulles Airport, the Board of Trustees of Gallaudet University voted to terminate the appointment of Jane Fernandes as incoming president. The Board, in a statement released yesterday, said that the decision was made with ” much pain and regret”, but felt that the termination was in the best interests of the University, and stated that it understood the impact and issues that arise when a decision is re-examined in the face of protests. Gallaudet students, angered by the selection, had staged protests from May 1, when the decision was announced, until the end of the school year, then resumed the protests in September, when school reopened.

The Board’s termination of Fernandes’s appointment brought the protests to an end. Student protesters rejoiced at the decision, but say that they now will work on improving the search process. Some protest leaders met with Board members and will make a good faith effort to clean up the campus, open all entrances, and return to classes. The students who were arrested during the protest won’t automatically be expelled, but they won’t get off scot-free, either. They’ll have to face the music.

What will happen next at Gallaudet is hard to tell. The protests were every bit as divisive as they were uniting. I’m sure that the supporters of Mrs. Fernandes will have plenty to say, along with members of the public who didn’t understand the real issues, and who saw the protesters as nothing more than a bunch of malcontents who wanted to be in charge of the course that the school was taking. Fernandes, herself, was obviously saddened by the decision, but made it clear that this was the Board’s decision, not hers. She had vowed to stay the course. In the end, someone had to blink, and I guess that Mrs. Fernandes can take a perverse sort of pride in the fact that she didn’t quit. It’s too bad that it had to end like that. Fernandes should have taken her cue from another unwanted Gallaudet president, Elizabeth Zinzer, and gracefully stepped down. After all, how did she think that she would lead a school that really didn’t want her? Even if she were somehow able to stop the protests, the students were so determined that every day for her would have been a uphill battle. I feel that it was in everyone’s best interests that the Board summoned the courage to make their decision.

And what of the students? Their tenacity paid off, and they have learned not to give up in the face of adversity. Now comes the really hard part. Sure, the protests were hard, but as one who has done activism and protests for twenty years now, I know that the toughest part is dealing and working with the powers to be once you’ve won the battle. Sure, the kids are going to celebrate. That’s only natural, and should be done. They can’t party for long, though. The long, hard road towards a positive future for Gallaudet must begin with healing, conciliation, and a genuine commitment to work with all parties, and this effort must be led by the protesters, themselves.

The New Standard is an online newspaper whose focus is on social justice issues, including those that affect people of color, people with disabilities, women, and immigrants, as well as environmental issues. Reporter Catherine Komp was doing some research on the Internet for her article on barriers to access that people with disabilities are confronted with at the polls, and came across this humble space. She contacted me for an interview, which I was happy to give. Here is a link to the story, which, in my opinion, is quite good. There is also a link back to this blog in the “Related Reading” section. Thanks for the link!

http://newstandardnews.net/content/index.cfm/items/3822

Thanks, Catherine, for your interest in this important issue, and thanks also for giving me the opportunity to share my thoughts and experiences.  

Classes resumed Monday at Gallaudet University, but protests are still ongoing despite the arrest last Friday of 133 students. Those students were fined $50 and released. They returned to the campus on Monday. The school also cancelled homecoming, but that didn’t stop Gallaudet alumni from returning, anyway.

Gallaudet faculty voted overwhelmingly in favor of the students, and called for the resignation or removal of incoming president, Jane Fernandes, who assumes the office in January. They also issued a no-confidence vote for the Board of Trustees, and outgoing president, I. King Jordan. Fernandes, however, is resolute in her determination to stay on, and does have the support of some students and faculty at Gallaudet, as well as the Board of Trustees.

Students have now taken their fight to Capitol Hill to garner support for their stance. They feel that Mrs. Fernandes, the former provost, is a poor choice because she is cold, aloof, and disrespectful to students, and is not open to new ideas. The students also feel that she allows discrimination against them by employing faculty and staff who are unable to communicate with them. Though the Board of Trustees feels that Fernandes was the strongest candidate, students feel that the process was too rushed, and smacked of racism because several strong candidates were overlooked, including an African American who had served as Chair of the Board of Trustees. The Board, itself, is split over the issue, and some members have threatened to resign.

Many students, staff, faculty, and others hope that this situation will be resolved to that things can get back to normal at Gallaudet. A petition, started by some students, is demanding that very thing. It has over 300 signatures. I, too, hope that this can be resolved, but I fully support the students in their protest, and their right to do so. As for Mrs. Fernandes, my thought is this: While I understand her resolve to stand firm, she is at the center of this crisis, and while she is around, the bad feelings will remain, and the protests will continue. If, as she asserts, she loves and cares about the school and the students, perhaps she should seriously consider stepping down, if only for the good of all concerned. It would be a very difficult decision to make after such a long, hard, fight, and I can only imagine the pain and disappointment that she, her family, and her supporters would feel. However, at this point, it’s not all about her, but all about Gallaudet, and hopefully, after putting aside any pride and ego, Mrs. Fernandes will do some deep soul searching and do the right thing.

At 12:45 EST, I received a call from Colorado ADAPT members regarding the hearings before the state Medicaid Services Board. The disabilty community had been invited totestify before this board regarding home health issues. Foremost on the minds of Colorado ADAPT members was the decision by HCPF Director Steve Tool not to apply for the MFP grant from the Centers for Medicaid/Medicare Services (CMS). These grants would allow more people with disabilities and seniors living in institutions to transition into the community. Eligible states that receive the grants would get the funds via a federal match on varying levels. Colorado’s match would be 75 cents for every dollar spent on community-based services, one of the higher matches among the states. That is, if Colorado applied.

Apparently, Steve Tool, and certain members of the Medicaid Services Board got tired of the MFP-related questions posed during the testimonies because the hearing was abruptly terminated, citing the Board’s inability (or perhaps, unwillingness) to answer the questions. That was not a smart decision, as ADAPT members quickly took over the meeting room, and have now blocked all of the doors. This has been going on for about an hour. I will keep you abreast of the happenings as I am updated by ADAPT.

In the interest of full disclosure, I must report that one of the ADAPTers blocking doors is my mum, Alice Bozeman. She was one of those slated to testify before the Board, and intended to share the story of my Popz, Rick Bozeman. She is no stranger to local ADAPT actions, and was arrested during one action a couple of years ago. Obviously, I am very proud of her!

Colorado disability activists who had been awaiting the decision of their state to apply for the Money Follows the Person (MFP) grant offered by the Centers for Medicaid/Medicare Services (CMS) had their hopes dashed on Wednesday when Health Care Policy and Financing (HCPF) Director, Steve Tool called to say that he would not be applying on behalf of the state for the grant. 

Activists are aghast at the decision, which, according to Tool, is because of his belief that Colorado has a slim chance of getting the grant. He feels that because Colorado already utilizes its budget in an MFP-like fashion, and has a very successful Transition Services benefit provided for in its Elderly, Blind, and Disabled (EBD) Waiver, that CMS will not see fit to award the state any money.

Disability activists strongly disagree with Tool, and feel that he should have gone ahead and applied for the grant, as, according to CMS, Colorado is eligble to apply. Members of Colorado ADAPT, who led the effort to get the state to apply for the MFP grant, and who had been trying to work with Mr. Tool, and HCPF for several months, even offered to write the grant themselves, but the offer was declined. The deadline for states to submit their grant applications to CMS is November 1st.

Colorado ADAPT, along with several other disability groups will testify at a hearing this morning before the state Medicaid Services Board. They will try once more to persuade mr. Tool to apply for the grant, but if he doesn’t, Colorado ADAPT will demand his resignation.

This issue is close to my heart, as I helped to write the letter that Colorado ADAPT sent to Steve Tool back in August, and went with them to deliver the letter (I happened to be in Colorado for my dad’s memorial service), and was there when Colorado ADAPT participated in a conference call with CMS when Mr. Tool refused to do so. When states like Tennessee and Mississippi, two of the states with the worst record for home and community-based services for people with disabilities and seniors will apply for MFP, while Colorado won’t — that is shamful! Even the District of Columbia, another place with dismal disability services is applying for the grant. The excuses that HCPF is spouting is farcical in light of the fact that Texas, a state that also utilizes its budget in an MFP-like fashion, has already stated its intention to apply for the grant.

I will keep you posted on what happens with this fight. I have a feeling that there are going to be some mighty fireworks at the hearing…

Student protesters at Gallaudet University have shut down all entrances to the school, effectively shutting down the entire campus for two days. Several days ago, sudents had taken over the main classroom building, but decided to shut down the school when incoming president, Jane Fernandes did not meet with them. Some faculty members have been allowed on campus for meetings, but have been guided by student protesters to certain areas, and watched closely to make sure that they don’t try to sneak off to their offices. 

Students say that the protest is because of the selection of Mrs. Fernandes, the former provost, by the school Board of Trustees, as incoming president. They feel that she would not be fit for the position because she is perceived as cold, aloof, and disrespectful to students. They are also angry that the Board of Trustees completed the selection process rather quicly, and passed over several strong candidates, including an African American who had been the Board chair for quite a while. Students also feel that the Board of Trustees have been dismissive of them and their concerns. Detracters say that this is about nothing more than deaf identity politics. The students are demanding the resignation of Mrs. Fernandes, and the appointment of an independent agency to conduct the selection of a new president. 

Police have been at the campus for a few days now, but there have been no arrests. Protest leaders were told by the police that the campus had to be reopened. Though the leaders agreed to open one entrance, when they went out to do this, the students blocking the gate at that entrance refused to leave, and the police went away.

A school official told the protesting students that Jane Fernandes would meet with them when they ceased holding the school hostage. The remark was met by jeers. Outgoing president, I. King Jordan told the students that they had the right to protest, but not to stop education. An elementary and high school for children who are deaf, also located on the university campus, has been closed as well, due to protests.

The students have been preparing themselves for arrest, practicing passive resistance tactics such as linking arms and going limp. They have been advised never to touch a police officer, even to get his or her attention. Arrests seem unlikely, though. Police superintendent Charles Ramsey feels that the protest is a Gallaudet issue, and that their role is only to monitor the situation. No arrests will be made unless there is property damage, or someone’s personal safety is at risk.

I’ll keep you posted…

HUD Secretary Alphonso Jackson  has written to all the PHA Executive
Directors asking them to support their state’s Money Follows the Person
efforts. Here is the link to the letter:

http://www.hud.gov/offices/pih/publications/medicareinitiative.pdf

This is a direct result of the ADAPT action at HUD back in September. Thanks to the Secretary for honoring his promises, and thanks especially to ADAPT activists for their hard work!

My days here in Washington, DC are numbered. Don’t worry, its nothing bad. I have been offered a job as a Systems Advocate in Rochester, NY, and I have, of course, graciously and gleefully accepted. This has been a few weeks in the making, and I didn’t want to say anything until it was official. 

I will be working for the Regional Center for Independent Living (RCIL), which is closely and permanently affiliated with the Rochester Center for Disability Rights (CDR). In fact, the two centers are in the same building. In addition to doing outreach to the disability community, I will be working on a number of local and state issues, and will be doing a lot of travelling around the state. The best part of this is that I will be working very, very closely with Rochester ADAPT, one of the largest, strongest, and most active chapters in the country. This is a powerful group of folks, and I am indeed honored that they want me on their team! My supervisor, and the center director are members of Rochester ADAPT, so there will be no problems with me going on national actions and gatherings.

CDR/RCIL has many programs, including a recreation center and a drop-in center. I have a counterpart who works with the deaf community. Rochester has the highest number of deaf people per capita in the country, so there are lots of deaf clients, and almost everyone knows American Sign Language (ASL). Of course, I fully intend to brush up on my sign language skills.

I am fortunate in that many of the folks that I will be working with are friends. I have known some of these folks for years. I intend to work hard to be a good asset to RCIL and to Rochester ADAPT. I also plan to be active within the community that I will be living in. Needless to say, I am very excited!

I will keep you abreast of how I am faring in the move. To me, that will be the hardest part (along with saying goodbye to the friends that I have made here in DC), so I’d better roll up my sleeves and get to work.

I attended a debriefing on Thursday at the DC Board of Elections and Ethics on the state of access by the disability community during the September Primary. In attendance were myself, Bill O’Field, Jim Dickson, with American Association of People with Disabilities (AAPD), Amy Metzel, with University Legal Services (ULS), the local Protection and Advocacy agency, Tracy Warren, and Laura White. We discussed some major problems that voters with disabilities encountered at the polling places, and what the Board of Elections could do to resolve them. Amy Metzel presented a report from ULS. The report stated that:

1. Poll workers often did not utilize the access at certain poliing places.

Often, accessible entrances, particularly at schools, were locked, and poll workers did not bother to ask maintenance personnel to unlock these doors. It was agreed that the Board would communicate with maintenance personnel itself to make sure that this does not happen in the future.

2. In some cases, signage indicating the accessible entrances to polling places was either nonexistent, or confusing.

It was suggested that during the set-up of the polling places, the precinct captains would be required to fill out an accessibility checklist, and sign off on it, making them accountable if simple and do-able accessiblity measures are not met. the Board and the disability community will also create a cadre of disabilty advocates and activist who will visit each polling place on the day before Election Day to make sure that the sites are accessible.

3. Poll workers did not know how to use the electronic voting machines.

Currently, the Board offers poll workers the opportunity to practice on the electronic voting machines during training. I suggested that this be a mandatory part of the training rather than elective, and cited the fact that the state of Maryland already does this. The Board agreed to the suggestion. This would be especially helpful for seniors and others who may feel uncomfortable with electronics and computers, as a staff member will be present to answer their questions and address their concerns.

4. Curbside voting is being used as an excuse not to make polling places accessible.

Poll workers at several polling places have been encouraging voters with disabilities to use curbside voting so that they won’t have to deal with accessibility requirements. Both the Board and the disability community are angry over this. The Board stated emphatically that it wants to do away with curbside voting for a number of reasons, and will be agressive in emphasizing this during upcoming poll worker trainings.

These are just a few of the concerns and problems that were discussed during the debriefing. Some of these problems comes down to a simple matter of the prevailing societal attitude of poll workers and precinct captains. Though there has been some improvement, especially in the area of etiquette, there is still a ways to go. A combination of education, and holding polling place staff accountable will help greatly. I feel that the Board is very sincere in its efforts to make Election Day a positive experience for voters with disabilities. They were extremely receptive to input from the disability community, and will continue to work closely with us.

Yesterday, student protesters at Gallaudet University took over the main classroom building on campus as protests continue over the selection of Jane Fernandes as the new school president. The police arrived on campus, but there has yet been no arrests. The student would like to have an independent oversight agency look into the selection process that led to mrs. Fernandes’s selection, as the students believe that there was racism involved in the selection process.

I’ll keep you posted…