NDY Files Disability Amicus Brief in Montana with Four Other National Disability Rights Groups

Last week, amicus briefs were filed with the Montana Supreme Court – supporting an appeal by the state Attorney General to reverse a lower court decision that assisted suicide is a “constitutional right” in that state. Due to a variety of factors, NDY was unable to get word out to the media when our brief was filed.

The brief, available in rtf format here, was filed on behalf on Not Dead Yet, ADAPT, Disability Rights Education and Defense Fund, National Council on Independent Living, and the National Spinal Cord Injury Association.

Excerpt:

STATEMENT OF ISSUES PRESENTED FOR REVIEW

The District Court held that the application of the homicide statutes to physician-assisted suicide was unconstitutional because the Plaintiffs had a right in Montana’s Constitution to obtain lethal drugs, what the District Court euphemistically labeled “aid in dying,” a/k/a assisted suicide and euthanasia. The Disability amici curiae, five national disability organizations, with Montana members, support the state’s appeal that Montana’s homicide statutes applied to physician-assisted suicide do not violate any Montana constitutional provisions.
This case does not concern the settled issue of the individual’s right to refuse treatment, even if it might result in death. Certainly, people have a “right to die” by removing life supports and letting nature take its course. This case concerns only whether there is a Montana constitutional right to have active “assistance” in committing suicide. Before this Court is the question of the affirmative involvement of third parties – doctors.
Were this Court to uphold the District Court’s decision, it would also soon face a number of related issues in future cases:

• Why should the Constitutional right be limited to providing only lethal medications? Why not lethal injections? What if the lethal medication does not work quickly enough? Why not assistance smothering the person?
• If such a constitutional right exists, why should a person’s right be limited to “aid” only from doctors? What about family members, friends, assisted suicide advocates?
• Why should it be limited to only people who have a disabling condition that is labeled “terminal?” Why not any disabling condition? Why not a firm decision to commit suicide by any competent person?

Please read the rest of the brief here. –Stephen Drake

Catching Up – Last Week a Busy One for ADAPT

I apologize (again) for the unannounced hiatus here. Last week, I was doing my part to do press work, and get the word out in various fora (with the exception of this one obviously) about the national ADAPT Action in Washington, DC.

NDY allies within the disability community are well aware of our involvement and concern with broader disability rights issues, but it often comes as a surprise to people outside of the community. These are the people who know that NDY has been prominent in the struggle against legalization of assisted suicide and euthanasia, but really don’t have any real knowledge about disability rights issues in general.

Last week, hundreds of disability rights activists were in Washington, DC to demand passage of the Community Choice Act (CCA). In a nutshell, this is a bill designed to improve the quality of the lives of millions of people with disabilities by giving them easier access to support in their own homes rather than being forced into institutions and nursing homes.

A full multimedia account of last week’s actions can be located at the ADAPT Action Report.

Once in awhile it’s necessary to remind people that we’re just one part of a larger disability rights movement that has been working hard to improve the lives of people with disabilities of all ages.

People like Bob Levine, for example. He’s a board member of that “special” group of “special” individuals that make up the Final Exit Network (FEN). Among the comments I received was this one from him:

Not dead yet is very good at criticizing anyone trying to help those whose life is so miserable that they not longer want to live but NDY has NOTHING TO OFFER in its place.

Instead of another long harangue it would be good to see something constructive but I’m afraid that is not possible with them. To bad

To Mr. Levine and all the other “special” people at the FEN – I am unaware of anything you have to offer people except a cult-like certainty in your own infallibility, the know-how to operate a helium tank, and the ability to hold a person’s hands down to make sure they don’t pull their “exit bag” off. –Stephen Drake

PS – I will post and (if possible) reply to other comments that came in tomorrow.

Chicago NDY Confronts Chicago “End of Life” Care Coalition and Barbara Coombs Lee

On Monday, April 20, the Chicago “End of Life” Care Coalition hosted an event titled “Options in ‘End of Life’ Care: The Legal, the Personal and the Controversial.” Eyebrows – and tempers – rose in the disability community when the conference flyer came out. For the past couple of months, the biggest “end of life” story in Chicago has been the coverage of the Final Exit Network (FEN) – a bunch of “special” people who devote their spare time to hooking up with strangers and facilitating their suicides. The “special people” at FEN don’t limit their “assistance” to people who are terminally ill, but are eager to “help” just about anyone with a disability or chronic condition. (Note – to be fair and accurate, I should let readers know that the Coalition doesn’t put scare quotes around “end of life” in its name. That’s my doing and I don’t apologize for it.)

Against that backdrop, this event brings in the president of Compassion & Choices – Barbara Coombs Lee. And yet, in spite of the broad agenda that FEN represents, no one from the disability community was on the panel.

That wasn’t going to go unanswered. A complaint was registered with the event organizers and swiftly dismissed by them. Having tried by polite channels, eight NDY members attended the event on Monday night. Below is an account by Larry Biondi, Advocacy Coordinator for Progress Center for Independent Living. Following his account is the text of the flyer that was passed out that night.

NDY Makes Its Points at CECC Event – By Larry Biondi

Eight members of Not Dead Yet attended “Options in End-of-Life Care: The Legal, Personal and Controversial,” an ‘end-of-life’ panel discussion at Illinois Masonic Hospital in Chicago. The members were Amber Smock, Larry Biondi, Mark Karner, Martha Cooper, Sam Knight, Rachel Siler, Dale Fox and John Barton.

The members handed out flayers to the attendees as they were registering for the event and went into the auditorium. A flyer got into the hands of the lead organizer, Julie Goldstein. From the look of her face, she wasn’t pleased at what she was reading. We all worked hard to contain our disappointment.

Barbara Coombs Lee, President of Compassion and Choices, started the panel discussion. She discussed the range of ‘End of Life’ Care Options from hospice to more controversial options such as voluntarily (or is it coercing?) stopping eating/drinking and suicide and “aid-in-dying.”

She started her discussing by talking about the “Che-che or Death” scenario where five people were shipwrecked off an island. A tribal group captured them and brought them back to land to get tortured. The first person was asked, by the Tribal member, “Do you want Che-che or death?” Not knowing what che-che meant but knowing what death was, the captured opted for the former. He was immediately rushed off to a secluded place; he was tortured, skinned alive, his organs were ripped out of his body [and he died slowly. Knowing what happened to his friend, the next guy who was up to the tribal leader also choose che-che, because he feared death. The last guy wanted death. The tribal leader was shocked. He then said, “Ok, you can have death, but first you must have che-che!”

(I wonder if she tells this story to audiences in Hawaii. I hear that Hawaiians aren’t as quick to laugh at stories with that stereotype “quaint and savage” customs in island native populations.)

Ms. Coombs Lee continued her discussion on how she’s been a nurse for 20 years. How she’s been in the ER, “Inserting tubes in every orifice imaginable.” Of course she advocated for a person’s right to get medical assistance to commit suicide, praising Oregon and Washington State for instituting state physician-assisted suicide laws. She didn’t mention disability in her presentation. No mention of how people with disabilities are seen by the medical field as costly, and therefore it’s a legitimate fear that suicide laws will be designed to kill us.

The second presenter, Joshua Hauser, is a doctor at Northwestern Hospital and Director of EPEC Project. He spoke of palliative care and how other supports, such as consoling with clergy, a team-effort support by doctors and psychological counseling can extend a terminal-ill person’s life. No mention about disability in his presentation, either!

Terry Mason, a doctor serving on the Chicago Department of Public Health, tackled the public policy implications of aid-in-dying. He was noncommittal on the issue but at the end of his discussion encouraged the crowd to garner the same passion they have about PAS to the 105 youths who have been shot and killed in Chicago so far this year. By this time, no mention about disability got really maddening!

Then came the question and answer session. The moderator read the first question on a note card submitted by the audience. Lo and behold, it was a question asked by a NDY member! “Do you think legalizing PAS will put people with disabilities in danger? Dr. Hauser said that people with disabilities shouldn’t worry, obviously unaware or not caring that activists in that movement have been facilitating the suicides of disabled people in his own city.

A highlight of the night was when fellow NDY member Amber Smock loudly interrupted Dr. Hauser answering a question. As soon as the moderator read the question, Amber shouted, “What about statistics showing people with disabilities are the most vulnerable to physician-assisted suicide? Have you done any research about that?” Dr. Hauser responded that he did’t think the disability population is in any danger of being targeted by PAS. He went on to say that doctors at the Rehabilitation Institute of Chicago know how to treat people with disabilities. He didn’t mention, of course, that Final Exit Network “guides” were offering a different kind of treatment to people with disabilities in Chicago.

Speaking of FEN, a question went to Ms. Coombs Lee about her relationship with the organization. Ms. Coombs was vague when she was asked if she supports the Final Exit Network. While she acknowledged that the network was being prosecuted in recent “assisted suicides,” she supports the person’s right to seek PAS if they are competent. Basically, she didn’t answer the question and the moderator from the Chicago End of Life Care Coalition didn’t press her for an answer.

While NDY had a presence, this panel discussion was awful from a disability-rights perspective, due to the willful avoidance of the people on the panel when it came to admitting just how much disability is central to “end of life” discussions.

Here’s the flyer that was handed out to all attendees at the event:

DISABILITY RIGHTS ADVOCATES ASK
WHY TODAY’S PANEL INCLUDES
NO DISABILITY REPRESENTATION?

Well, according to board representative Julie Goldstein, the panel is to discuss “aid-in-dying” (the use of this public-relations generated term certainly tells us where Ms. Goldstein falls in terms of her attitude about assisted suicide). She acknowledges that there are concerns about “vulnerable populations” – both with and without disabilities under legalization of assisted suicide.

Barbara Coombs Lee was invited to facilitate a “nuanced” discussion, rather than a “polarized” one, according to Ms. Goldstein.

That’s an interesting claim, since it ignores the simple reality that Ms. Coombs Lee is the representative of a large political pressure group and her job is to put as pretty a face as possible on the political agenda and accomplishments of her organizations. That’s called “spin,” not “nuance.”

Obviously, her job also consists of discrediting, minimizing, and distorting any criticism of legalized assisted suicide or the movement as a whole. It is hard to see this person as anything other than “polarizing” – since it’s implicit in her job description that she be that.

If this is the beginning of a “careful dialogue,” we’d hate to see what a “careless” one looks like.

NOTHING ABOUT US WITHOUT US

Especially with the “freelance” activities of the Final Exit Network prominent in the news, disability has been thrust once again into the forefront of the debate around assisted suicide – and no amount of “spin” or “nuance” will change that reality.

BUT WHAT WOULD WE SAY
AND WHY SHOULD YOU CARE?

(begin page 2)

THE REALITIES OF ASSISTED SUICIDE

The disability experience is that people who are labeled “terminal,” based on a medical prediction that they will die within six months, are — or almost inevitably will become — disabled. Furthermore, virtually all “end-of-life care” issues have been disability rights issues for decades.

In fact, although intractable pain has often been given as the primary reason for enacting assisted suicide laws, the reasons doctors actually report for issuing lethal prescriptions are the patient’s “loss of autonomy” and “feelings of being a burden.” These feelings arise when a person acquires physical impairments that necessitate relying on other people for help in tasks and activities formerly carried out alone.

Increasingly, the reasons doctors actually report for issuing lethal prescriptions are the patient’s “loss of autonomy” (87%), “loss of dignity” (80%), and “feelings of being a burden” (36%). People with disabilities are concerned that these psycho-social factors leading to assisted suicide are being widely accepted as sufficient justification for assisted suicide, with most physicians not even asking for a psychological consultation (5% in 2004, 16% overall) or the intervention of a social worker familiar with home and community based services that might alleviate these feelings. The societal message is “so what?” or “who cares?”

FINAL EXIT NETWORK

In late February, the news broke that a multi-state investigation had resulted in the arrests of four members of the Final Exit Network. These “freelancers” and “worker bees” of the assisted suicide movement claim to have aided the suicides of some 200 individuals – many of them nonterminally ill. Two cases under investigation involve a Georgia man distressed over his appearance after successful cancer surgery; a second case involves a woman with minor physical complaints and a long history of emotional problems.

Ms. Coombs Lee has stated repeatedly that “prosecution” of these cases doesn’t accomplish anything useful. She has also said that the real “blame” for the actions of the Final Exit Network is the failure to pass laws legalizing assisted suicide in states other than Oregon or Washington state.

This is demagoguery at its worst. Last November, the Final Exit Network issued a press release announcing that neither the law in Oregon or Washington state went far enough and that they would “help” people who couldn’t get legal prescriptions in those states.

Finally, the local tie to the Final Exit Network is 26-year-old Kurt Perry. He has announced he wants the Network’s help to commit suicide. Aside from living with the nonterminal condition Charcot-Marie Tooth syndrome, Perry quit school at 16 because he couldn’t get accommodations. He has never been employed.

No doubt this panel will have suggestions for Mr. Perry. Some might have ideas for palliative care. Barbara Coombs Lee might discuss his legal options of self-starvation and dehydration.
No one will discuss the impact of being undereducated and unemployed and how it can affect Perry and others like him. As you might guess, disability advocates would have a lot to say about these issues – how exclusion and rejection are all too often experiences that come with disability. More important, disability advocates could offers suggestions and approaches to giving real support to Mr. Perry and people in similar situations – because we are already doing it with others.

Maybe that’s what Julie Goldstein meant about having a “careful” dialogue – a dialogue that carefully stays clear of some topics and keeps a sharp focus on the individual as a collection of medical symptoms.

(end of flyer)

Our heartfelt thanks and appreciation go out to Larry Biondi and the other seven activists who made sure that Chicago’s “end of life” community got the message that some of us are NOT DEAD YET. –Stephen Drake

AP: Final Exit Network manual calls members “special”

Many people with disabilities have a deep-seated loathing of the word “special.” It’s a term of dismissal, patronization, and discrimination. And that’s just a starting list. Unfortunately until “special education” and “special olympics” get called by other names, we don’t have a prayer of shaking the term off for any length of time with any large group of people.

It turns out there is a group, though, that has embraced its inner specialness.

Early this morning, the Associated Press issued its newest article on the Final Exit Network. I’ve been waiting for this one to hit, since I’ve known for several weeks that it was coming. I was interviewed by Amanda Lee Myers, the reporter who wrote this story.

General comments: This is the best example of real journalism that I’ve seen since this story broke. Myers went to all sources on this. The Final Exit Network (FEN) members get their say. I’m in there to.

But the most powerful “voice” in the article is the FEN’s own training manual. The AP obtained the a police report on the FEN that contained the contents of the training manual. It’s not exactly a public relations officials idea of dream material.

The article has various titles and is in over 130 news sites, according to google. Here’s the one from MSNBC, which doesn’t link to the FEN site:

PHOENIX – A training manual for an assisted-suicide group tells “exit guides” that they are special people and should celebrate their role in guiding others to their deaths.

The lengthy document, referred to by police in the U.S. city of Phoenix as a training manual for the Final Exit Network, offers exit guides step-by-step instructions on how to show others how to kill themselves by breathing in helium. Guides also are told how to dispose of the equipment used in the death and position the bodies so they look like they died of natural causes.

The manual encourages the guides, telling them they are compassionately guiding suffering people to their deaths during “a special time.”

Special people, special times, it’s all just so… special. Wait! There’s more…

“You, as the first responder, are a special person,” the manual says. “You all were attracted to this program because of a compassionate interest … Sometimes that means to ‘hear’ a desperation that the member does not know how to communicate and softly voice it for them.”

‘A sense of celebration’
The manual tells guides that if they’ve planned carefully, they can “anticipate this special day with a sense of peace and celebration.”

Considering the text of the article, my own quotes don’t stand out as extreme, for a change. They’re the same kind of comments I always make, but this time they’re in the context of a real news story instead of a softball treatment of FEN as some kind of “human interest” story:

Stephen Drake of the Rochester, New York-based group Not Dead Yet, which is against assisted suicide, compared Final Exit Network and the wording in its training manual to a cult and said it’s hard to distinguish what the group does from murder.

“What they do is reduce ambivalence,” he said. “I submit that anybody whose conditions for committing suicide is that they have to have someone around them to make sure that they don’t screw it up and they’re not alone is ambivalent. There are lots of people who want to commit suicide and they just do it.”

Just a word about my comment. When I made my remarks about murder, it was in reaction to being told that the manual did contain instructions for holding the hands of the person down after the plastic bag over the head – I don’t remember the exact wording but the idea was that it was necessary to do that so that involuntary movements didn’t end up tearing the bag loose. Obviously, all it takes is one single instance of stopping an purposeful attempt to tear the bag off and “assistance” becomes murder.

They want to be “special”? Personally, I’d call it something else. But please keep them away from short yellow school buses – especially short yellow school buses carrying anyone I know and care about. –Stephen Drake

Must Read: “Schrödinger’s Cat & Donation after Cardiac Death”

I am a fan of Dick Sobsey‘s work and check his blog regularly for his latest news & analysis regarding the abuse of people with disabilities.

His latest blog entry, on What Sorts of People, is concerned with an examination of the logic behind the Donation after Cardiac Death (DCD) protocol. That’s the same protocol, of course, that sparked the publicity in the “near-death experience” of Kaylee Wallace in Toronto earlier this month.

Below is a link and an excerpt from this excellent analysis.

How good is it? Well, my first reaction to reading it was “Damn, I wish I’d written that!”

I don’t react that way often, no matter how much I like an article or essay.

Schrödinger’s Cat & Donation after Cardiac Death

April 17, 2009 — dsobsey

Quantum Ethics: Schrödinger’s Cat & Donation after Cardiac Death

Recent discussions of transplanting hearts from so-called DCD (Donation after Cardiac Death) patients into others (for example the recent Baby Kaylee saga at Toronto’s Hospital for Sick Children) raise serious questions that seem to only have explainable answers in the field of quantum physics. I don’t know if physicist Erwin Schrödinger actually had a living, breathing cat but the hypothetical cat that he proposed to illustrate a paradox back in 1935 to illustrate a paradox has certainly achieved fame.

The paradox that Schrödinger’s hypothetical cat presented was that the cat was simultaneously dead and alive. Schrödinger asked Einstein to imagine that a cat was inside a box and that we could not see or hear or otherwise sense what was happening inside the box. The cats fate is linked to some random event inside the box. Applying the rules of quantum physics the cat is both dead and alive until we can open the box and and directly determine its state. Common sense would suggest that surely the cat is either dead or alive inside the box, whether we know it or not, but applying the rules of quantum physics, the actual state does not come into being until the moment that we measure it. Of course, Schrödinger didn’t actually believe that; he thought the idea made no sense. His real goal was to point out that if this was dumb idea when applied to cats, it might be just as dumb an idea to apply to subatomic particles.

Now, in the 21st century, we appear to applying a Schrödinger’s cat logic to the ethics of organ donation.

Read the rest of the essay here. –Stephen Drake