Rightful Presence in Justice: Challenging ADA Education and Reform Act of 2017 (H.R. 620)

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I am writing this out of my great concern to respond what Congress wants to pass so-called The Americans with Disabilities Act (ADA) Education and Reform Act of 2017 [H.R. 620] this coming Thursday, September 14th. From the moment of its passage in 1990, it has quickly reached an unprecedented global scope, overwhelming the human rights formed by Deaf people because of Deaf President Now (DPN) in 1988 to the waves of marginalized people from shore to shore in America upheavals of earlier decades.

ADA became important for everyone including Deaf people and Disabled people. The doors were open. They were left out for generations. It reminds me of a movie called Music Within based on a true story. Richard Pimentel who lost his hearing during war in Vietnam then comes home and became oppressed after that then he became a disability rights advocate. One scene where he and his friend in a wheelchair went into a restaurant in Portland, Oregon and the waitress asked them to leave because they were not “standard” people according to a law called “Ugly Laws” so controversial that made people hate people who had disabilities.

The law continued to practice for almost 100 years from late 1860s until 1970s– several American cities followed the law where people were “unsightly” or “unseemly” to appear in public then it was removed from the law books. ADA of 1990 recognized the growing pain of ugly laws and gave those people with disabilities to have rights. No more hatred. Sandra Fredman in her book, Discrimination Law in 2011, writes:

Individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to participate in, and contribute to, society.

Tyler Ray, Americans Civil Liberties Union [ACLU] Washington Legislative Office and Vania Leveille, Senior Legislative Counsel writes on September 6, 2017:

H.R. 620 would completely change the way in which a business is required to comply with the ADA. Instead of requiring that a business comply proactively, the bill would place the burden on the individual who is being denied access. This bill proposes that after an individual with a disability is denied she must first notify the business owner, with exacting specificity, that her civil rights were violated, and then wait for six months to see if the business will make “substantial progress” toward access, before going to a court to order compliance. 

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The key word: “would place the burden on the individual who is being denied access”—isn’t that the same thing that applies to so-called Ugly Laws? The civil rights would be violated in the highest sense of oppression. The disabled people are at a higher risk of rejecting in a bias-motivated attitude. Why should Deaf people and disabled people suffer and deal with Eighth Amendment “nor cruel and unusual punishments inflicted.” in the United States Constitution?

As bad as Congress brought the idea about wanting to pass unlawful H.R. 620, we must remind ourselves that the old-school politicians have since the last removal of Ugly Law in 1970s, at least moved in the direction of making strongest effort possible, through the eyes of public policy, to reduce inequality for Deaf and disabled people. We must also be aware of 1964 Civil Rights Act, and ADA that has carried the legacy in our society to keep and protect the rights of all our citizens. No matter what the cost is. The H.R. 620 is unconstitutional and inhumane!

-JT

Copyright © 2017 Jason Tozier

This text may be freely copied in its entirely only, including this copyright message.

References:

Fredman, Sandra (2011). Discrimination Law [2nd ed.]. Oxford: Oxford University Press, p. 96.

https://www.aclu.org/blog/disability-rights/congress-wants-change-americans-disabilities-act-and-undermine-civil-rights

 

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The Lack of Jury Duty for Deaf People

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On Friday, July 21st hot afternoon–I decided to meet a friend and gave a tour at Library of Congress. Great times! However, when we walked into a room, “Drawing Justice: The Art of Courtroom Illustrations.” and I saw something that caught my attention and share this with you fellows. It makes me wonder if Library of Congress, the mother of all libraries, is known for research skills, the leadership of literacy, and a complex web of  higher knowledge, makes me think if this message is filled with mixed thoughts, when you notice the picture I took below:

to the rights of the deaf to sit on juries; from a courtroom filled with people wearing masks fearing….”

How do you feel about that when you saw this? Were Library of Congress aware of very little stats about Deaf people to sit on juries? Did they research that, too? Truth: How many Deaf people sitting on juries? Come on, really. Why cannot they tell the truth? Number will make all the headlines. That’s Mask of Benevolence, folks! Europe: Number? Australia: Number? New Zealand: Number? South America: Number? Africa: Number? Asia: Number? America: Number? Right, after the passage of 1990 ADA law, again, how many Deaf people serve on juries? Yes, there were few Deaf people who were selected. Most recently, a friend of mine who was selected to be on jury few months ago in DC. It was very interesting experience for her.

Why did Library of Congress do that? To make them look good for enrollment purpose? Selfish acts? Were Deaf people aware about Library of Congress planing to use them in public eyes? I am sure that there are many questions behind that. Some may not able to answer and avoid the reality. Deaf people were banned from serving on juries for years and many centuries, there is a good article to read:

http://theconversation.com/deaf-or-blind-people-cant-serve-on-juries-heres-why-law-needs-to-change-67418

No courtroom should be wearing masks fearing Deaf people. There are thousands of stories around the world that Deaf people would end up in courtroom with no interpreter at all and struggle for information. They often end up pleading guilty by threatening them or found guilty even without evidence, they fail to recognize Deaf discourses in the courtrooms. For example, recent Thursday evening, I attended an event at Embassy of the Philippines, Washington, D.C; to watch a private screening of Change of Signs, an powerful 35 minutes film. Discovering Deaf Worlds, Inc; (DDW) did an excellent service to help out Deaf community in Philippines and support the stories of ten members of the Philippine Federation of the Deaf. Extraordinary work!

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See that hand waving with the watch on on right side? That was me.

The film talked about the lack of Deaf people have the rights to have an interpreter in courtrooms, struggle to be recognized as a human being, and have the human right to sit on the jury as all other people do. I learned that it was 121,000 Deaf people living there and only few interpreters available. That’s major crisis. A lot more to that film that I hope it will show to the public one day.

Before wrapping up for this post, how do you feel when you see, “to the rights of the deaf”? Why lower “d”? Why not “Deaf people have the constitutional right to sit on the juries” Or, “From a courtroom filled with Deaf people’s rights to serve on juries” that would help the visitors from all over the world visiting Library of Congress for the first time and see the truth what Deaf people are really going through a lot. What do you think?

-JT

Copyright © 2017 Jason Tozier

This text may be freely copied in its entirely only, including this copyright message.

References: https://www.loc.gov/item/prn-17-022/drawing-justice-the-art-of-courtroom-illustrations-opens-april-27/2017-03-07/

 

 

 

Video Remote Interpreting: Sue NAD and Chris Wagner for Breach of Human Ignorance

 

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While I was a patient last November 2016, VRI has broken down four times due to “technical difficulties”

The U.S. Court of Appeals for the 11th Circuit wrote that Deaf patients could sue against hospitals for neglect of live interpreters instead of using video remote interpreting (VRI). I never liked using VRI myself as a patient. In fact, last November 2016, when I had a massive heart attack, I remember the first thing when one interpreter said to me, “Look, you need to use VRI–much easier for you to use it” and I said, “No, thanks! I prefer live interpreter” and I realized that they breached against my wish as a human being. Do you even realize that it was also a culture of fear by pushing fear in patients’ faces?

From the link I will provide you below:

A jury could find that [five Deaf patients] were denied effective communication; that nurses were aware of the denials; and that the nurses refused to correct the denials….The evidence indicates that the nurses, knowing the patients required an interpretive aid, relied on the VRI to facilitate communication with the patients; were put on notice that the VRI was not accommodating the patients; and chose to persist in using the VRI without correcting its deficiencies… In fact, it appears that the nurses even abandoned the VRI altogether at times without providing an alternative interpretive aid.” 

I hated using VRIs. There are couple of times that VRI would not work while I was in the hospital recovering and noticed that they do not understand the seriousness of language barrier and hegemony. The worst thing is that I was forced to “live” by hours ordered by the interpreter—how dare the interpreter who is employed by the hospital staff makes rules for me?

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The unthinkable is happening everywhere throughout the country that Deaf people are vulnerable that are being exploited, physically abused, and emotionally abused by the hospitals on Mother Earth that was supposed to love thy neighbor. It is impossible to know just how many Deaf patients who struggled for human rights are out there.

When I made complaints against the hospital and asked National Association of the Deaf (NAD) for help, know what NAD said to me? “Sorry. The case is closed!” and bid me good day. That was fucking bullshit. Even more distributing that in many cases, NAD are doing very poorly job not to give Deaf people enough protection.

Is it the reason the systematic failure that makes it very difficult for Deaf people to seek for rightful justice? Also, we must remember former NAD president, Christopher Wagner who supported the idea of VRIs, which caused huge conflict of interest while he was working for zVRS to bring into political favouritism.

Through those stories are a way for all of us to escape our minds and experience their pain, deep down the problems are very real. And in many ways, our characters are what the reflection of the light. We need to help them and set a good example. We need to understand them that would bring quintessential to the human condition.

Deaf patients who were pressured to use VRI or face consequences promoting human rights abuse—I think it would be good idea for them to hold Christopher Wagner and NAD accountable. Stop abuse of power, corruption, undermines rule of law, money, bullying, ignorance and bullying!

Time for those Deaf patients to sue against NAD and Wagner. Do not be a bystander. VRIs has done major damage more than they really think.

-JT

Copyright © 2017 Jason Tozier

This text may be freely copied in its entirely only, including this copyright message.

References:

http://brombergtranslations.com/2017/06/05/2236/

 

 

 

NAD: Accessibile ASL is a Human Right!

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Thank you, friend for sharing the photo with me. Chris Wagner from National Association of the Deaf (NAD) is pulling another stunt. Look at the picture below:

On February 2, 2016—I took my bruised heart on the bumpy road to get to MedStar Washington Hospital Center (WHC), a place that is taught for people to build trust for people’s lives. For the next five hours, I had been denied for ASL interpreter. I’m talking about a guy who has history of heart attacks should be seen right away. I guess NAD has been struggling with the limited, for example, “manpower”—the stunt what Chris Wagner and NAD would not tell you the truth.

Visiting a hospital is a stress-machine anytime—should accessible communication has been rejected. It gains political integrity from NAD, I was so sure that I exercise my ADA rights in every setting, getting a letter from NAD was a tepid answer for them as these questions were asked right on the spot. There is never an easy answer when it involves current practices of social discrimination against and oppression of the Deaf. They will not be stopped, either.

From Sociology background, I was taught to read about Michael Foucault that he asserted in his lecture that no government around the world could understand our individuality but they made laws about us—the policy of plurality—the one for all, all for one deal. Access to ASL interpreters is the real deal for all answers. As for Audism, by denying accessible communication for five hours, I am lead to believe that NAD thinks (1) that we the Deaf need to deal with this and (2) that it is better to give than to receive in that sense it is better for make Deaf patients to deal with extreme stress, than to fight for their language and culture that is foreign to NAD. I am interested in how the political of NAD aspects of everyday life are connected.

As for the perversity of lacking enough for accessible communication, with the post Chris Wagner shared NAD’s photos is not inherent to the nature of ASL. Have NAD ever really done any major changes in our time? Once again, NAD and Chris Wagner himself need to tell the truth that the post is all about public stunt. Come on, stop playing political! ASL is a human right like Please read the e-mail I received from NAD, the key words: hostile environment, few litigation attorneys, limited resources, and…. filing complaints with the organizations NAD recommend, they are hearing-based organizations, do they ever really understand Deaf struggles unlike NAD? I share my concerns about the delay of time what NAD has done, the change is needed. I rather would suffer heart attack than asking for help from NAD. Which one is more stressful?

Dear Mr. Tozier,

Thank you for contacting the National Association of the Deaf (NAD) with your complaint against MedStar Washington Hospital Center for failing to timely provide you with an interpreter and for the hospital’s hostile environment. After discussing your situation with my supervising attorney, we have decided, unfortunately, that we will not represent you. Please understand that the NAD only has a few litigation attorneys and limited resources. We currently need to handle many cases where there has been outright denial of an interpreter. That said, your case is no less important and we do have concerns about the delay of time that you have had to endure while waiting for the interpreter. We recommend that you file a complaint with the Department of Health and Human Services’ Office for Civil Rights, the Civil Rights Division of the Department of Justice and/or the DC Office of Human Rights.

-JT

Copyright © 2016 Jason Tozier

This text may be freely copied in its entirely only including this copyright message.

When Should You Give Alexander Graham Bell ‘The Benefit of the Doubt’?

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Today is July 26, 2015: The home of the 25th anniversary for Americans with Disabilities Act known as ADA event held at National Museum of American History to see what the panel including a Deaf professor by the name of Brian Greenwald about eugenics, the same root of Alexander Graham Bell [AGBell] that runs a violation in every bone inside a human being. It is probably the most unforgettable thing ever happened to the Deaf everywhere! Very embarrassing!

In fact, many teachers of the Deaf or a member of Alexander Graham Bell Association go without need assessment and evaluation. They are just on their own and it is called a reasonable accommodation in the United States. I could now easily anticipate a show change to happen to respect ASL as a form of speech for the Deaf, thanks be to the Veditz’s life and death. This situation shall be on our footnotes for academic dialect, debates, discourses, discussions, and dialogues. We must stop such a language bastardization when Mr. Greenwald in the Department of History at Gallaudet University bows to the American Deaf eugenics king…. for what purpose? The same professor who asked to be a moderator for a play called Bell held at National Geographic Society last September 2013. Please check the link below for more information:

Gallaudet University Needs Radical Students

Since AGBell’s death in 1922, his practice is unstoppable today. AGBell’s practice makes a statement to attempt to describe how to figure out to wipe Deaf people off on the same planet we walk and breathe by existence independently on the statement, and the statement will be true or false depending on whether things in the world really are the way the statement suggests so. As an AGBell survivor thanks to Tucker Maxon Oral School’s damage, I will never have an independent mind with freedom and pursuit of happiness.

Now with the legacy that the Deaf professor carry, there are countless survivors of AGBell practice, Greenwald himself fails to seek judicial review to challenge Deaf people with the fact that the 14th amendment under section one, equal protection of the laws guarantees every Deaf signing American a decent and respectful life. Given the fact that the professor keeps AGBell in good standing is a life-threatening legislation, and when will this insanity end? How does the 14th amendment protect Deaf signing people away from AGBell association when they rub in our faces?

Deaf signing people already visit grocery stores, movie theaters, churches, coffee shops, and restaurants. In other words, Deaf people are everywhere in our community and that showing such disrespect for the effort of changing their lives around. There are AGBell people, especially watchdogs, which are very much, strive to injure, harass, giving away hate messages, death threats against Deaf people. It is their mission to burn witches at the stake. Now, it is time to turn off the media and read a book what is really happening to our democratic society where all Deaf citizens are supposedly equal under the law.

Can this guy, Brian Greenwald stop talking so much about AGBell and move to a healthy discourse because quite frankly, when he speaks highly of AGBell, it was so absurd in that it represents the opposite of what a supposedly free and liberty minded society should believe in. The more you understand about eugenics what AGBell has done to Deaf people, the fraud that it is. Celebrate freedom and liberty as well for all Deaf signing people. Protect the Constitution of the United States.

You know when the discussion table held at the museum facing south of the Capitol with United States Congress “guard” the truth, the Congress made an executive decision that AGBell stole the phone patent few years ago while the professor said that AGBell invented the phone as a panelist conveying the message to the audience who shows up to honor their 25th anniversary of the ADA. The United States Congress has more power than Greenwalt. Who is Greenwald to overcome the power of United States Congress?

Finally, where are the Deaf people’s rights not to get shot by AGBell watchdogs, stabbed, facing threatening sentiments with a grudge and $100? When do they finally going to realize that the right to life, liberty, and pursuit of happiness appears way before their rights were mentioned? AGBell targeting Deaf people through websites has becoming a way of life.

Greenwald is currently working on a book about the role of Alexander Graham Bell and the American eugenics movement. It would be total waste to write about the AGBell who oppresses Deaf people everyday in American life today. I am sure that AGBell association is very thrilled to see his book and make AGBell association richer.

How long is it going to take before the government realizes the obvious solution? It is now time to set the clock back on the 1880 Milan “get tough on Deaf people” crime nonsense and it is clear that the time has come to move away from the political lies and manipulations of fear-based oppression and spend 500 and + million dollars on targeting Deaf people and financial reckoning with bold steps toward fact and reason. The calls from the AGBell association continue despite Deaf citizen humanitarian needs.

IMG_0066The Monument. It was built to honor George Washington, the United States’ first president, the 555-foot marble obelisk towers over Washington, D.C. The Deaf people arrived FIRST in America way before Alexander Graham Bell’s birth. Think about that!

-JT

Copyright © 2015 Jason Tozier

This text may be freely copied in its entirely only, including this copyright message.

Is American with Disabilities Act [ADA] provocateur for the Deaf people?

IMG_9171[Image: Me. American flag ignores my pursuit of happiness. A tattoo that says Audism Negat Surdi in Latin which means Audism looks down Deaf people. The shirt says “Audism is Ancient”.]

So, it is the Americans with Disabilities Act [ADA] theme this month—25th year anniversary. I have to write as an ADA critic this that it is really making me sick to my stomach and mind right now. The mandatory ADA does not always have an outstanding credentials to make contributions to my life—that has failed my pursuit of happiness and my safety for one, I am a returned citizen all because when I was 12 years old. The days when I was being ignored when I was abused in any form at age of ten years old—and that means I was outnumbered when ADA was supposed to protect my life.

Well, those kind of incidents that happens to Deaf children known as survivors every day in the last 25 years has been swept under the rug even though with the new conduct rules that was supposed to be investigated by authorities whom knows that ADA is the most important tool that could have saved their lives. Yep, you read that right. Guidance. And no, this is not a teaser for an upcoming episode of “Simpsons”.

There are many police agencies, school districts, and sign language interpreters that does not follow the lead of the ADA, which narrows the definition of American Sign Language [ASL] for Deaf survivors today and that is a big, big, big problem! People are out there celebrating 25 years anniversary laughing, cheering, shaking hands, clapping, hugging…. but what about crying? The cries are all over the mountains and valleys by Deaf survivors and the responsible people was supposed to take advantage of the good graces of the ADA to bring protection of Deaf survivors—is being forced to lie through their teeth and haul them around what they see as livestock.

What is more—the same school districts and sign language interpreters I lived through did not exactly administer the 25-years old ADA that the stricter rules did not define what could be legitimately treated as a forgotten survivor. That has been a problem for years and years. The school officials are not the experts and will never understand when a Deaf child is in crisis. The list of pain has strayed into the realm of the far-fetched, which is not healthy for the law’s public image. Is it painful to see the image of ADA 25 years anniversary? I believe that is, but it is a pain I should not complain, a suffering I must learn to sociologize the more I engage in it. American society sets me up to be free of this necessary pain, so I need to turn against the oppression and question why ADA is not practiced enough. It is not an easy route—at all.

I support the great change against the flawed due process and I believe that is what the change is all about, and it has two demands–to have me bow out and the oppression to resume afresh after future returned citizens.

Yes, I am a well-known troublemaker always at a distance for each position I espouse. Just mention my name Jason Tozier to those who have known or read you and me no doubt stir a flurry of controversy. I have amused some and angered others, refusing to be pinned down to silence. Some say I have never grown up, while others are sure I have been a troublemaker since birth. Some say that I have a great gift in knowledge, but I have thrown it to the winds so I could spend more time in forests to feel the wind differently when I was living in Great Pacific Northwest.

As a returned citizen, the traits in ignorance by those people who did not follow ADA properly has prepared me miserably for my life, I am the subject of an intellectual vulnerable in our American society, namely Deaf community. I needed the opportunity with my own space to reclaim and revitalize my human rights to protect my life and allow me to survive and flourish in higher education, so I could advance my future.

ADA was supposed to be the makers of meanings if you catch my drift.

I support the demands: to stop the unusual punishments and mob mentality of Deaf returned citizens. I am seriously not shamed of those demands. I do crave such systems, educational oppression, claims of the past; their words in the meeting inspired me to no end, their conduct of words to encompass human knowledge in their categories that must be corrected. ADA was supposed to be known as an integral to learning and thinking. Does Deaf people know this intuitively? Yet in our own time, ADA and education have parted ways in almost every school systems. ADA, created in 1990, had rejected many certified ASL interpreters worldwide and robbed Deaf children not only their language and culture, but also their citizenry: this is the first step in Audism—a racial term we know that it was coined in 1970s to suggest that it is better to hear and speak than not. My sociological bias makes me sure that such language bigotry is an important reason for the poor state of critical learning and thinking, which I have concerned year after year.

Is it painful to celebrate the most important landmark for Deaf people? People, who laugh, hug, shake hands, smile, mock—all that will keep wink…wink…wink…. I am a prospect of an ADA failure. You see all the images that says “Disability Rights are Civil Rights”—well, Deaf people are not disabled—they are language minority and it is time to see “Language Minority Rights are Civil Rights” or maybe “Deaf Rights are Human Rights”, or “Deaf Rights are Civil Rights”—Deaf people are overwhelmingly different from Disability Rights. Is ADA the provocateur for the Deaf people?

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Copyright © 2015 Jason Tozier

This text may be freely copied in its entirely only, including this copyright message.