NYAIL Presents 2021 David Veatch Advocacy Achievement Award to Diane Coleman

NYAIL is the New York Association on Independent Living, a statewide, not-for-profit membership association created by and composed of Independent Living Centers across New York State. I was honored to receive NYAIL’s 2021 David Veatch Advocacy Achievement Award on September 29th. Below are my words of gratitude spoken at their virtual conference.

Diane Coleman’s NYAIL Award Remarks

Photo of Diane Coleman wearing red print top and red sweater, smiling with gray bobbed hair, wire rimmed glasses and a nasal breathing mask
Diane Coleman – white woman with breathing mask & red sweater

It’s such a tremendous honor and I can’t tell you how moved I am by your kind words.

NYAIL is really a role model for disability activism on the issues Not Dead Yet addresses. First, there’s the more public and recognized work in opposing assisted suicide laws. NYAIL’s policy statement is a great piece to share with legislators. NYAIL and CIL leaders like Meghan Parker and Cliff Perez have also published opinion pieces opposing these laws in mainstream newspapers, explaining the dangers they pose to people with disabilities. Many of you have testified and organized turn out in advocacy events to ensure this message is heard.

What’s less obvious is the breadth and depth of NYAIL’s and all of your work on access to healthcare and home and community based services, much of which overlaps with NDY’s efforts to ensure that life-sustaining medical treatment is never involuntarily withheld from an individual. We oppose insurers deciding who gets what care based on quality of life judgments using QALYs and similar measures. We object to healthcare providers urging the attitude of better dead than disabled as grounds for rushing to judgment and pulling the plug after an injury. And we don’t want to see despair over the struggle for in home personal care services cause people to give up hope.

As many of you know, the disability community recently lost a fierce warrior, and I lost a personal companion in this work, Marilyn Golden of the Disability Rights Education and Defense Fund. At one point, she composed these words I’d like to share to express her reasons for devoting so much of herself to the assisted suicide issue: “If assisted suicide is legal, some people’s lives will be ended without their consent, through mistakes and abuse. No safeguards have ever been enacted or even proposed, that can prevent this outcome, which can never be undone.”

So thank you NYAIL and all of you for the privilege of working along side you and I look forward to continuing together in the fight for our lives.

NDY Letter to California Governor Newsom Urging Veto of Assisted Suicide Expansion Bill

Not Dead Yet, the Resistance

September 23, 2021

Via Email leg.unit@gov.ca.gov

The Honorable Gavin Newsom
Governor of the State of California
State Capitol
Sacramento, CA 95814

RE: Urging Veto of SB 380

Dear Governor Newsom:

The purpose of this letter is to urge you to veto SB 380. If signed, SB 380 would eliminate critical protections contained in California’s End of Life Options Act or, to be more specific, its assisted suicide law.

Not Dead Yet is a national disability rights group that opposes legalization of assisted suicide as a deadly form of discrimination. These laws deny people with advanced illnesses, who are virtually always disabled, suicide prevention services on an equal basis to others. They also grant broad legal immunities to people involved in an individual’s death without meaningful protections against coercion or wrongdoing.

Only a few years after the original law’s passage, SB 380 would drastically shorten the waiting period between an individual’s requests for physician-assisted suicide to 48 hours rather than 15 days. This new law would also end the requirement that the individual make a final attestation affirming their choice before administering the drug. Especially in light of the fact that no independent witness is required to confirm that lethal drugs were administered by the individual rather than another person, these requirements are essential protections against coercion and abuse. They should not be removed.

Not Dead Yet also supports the letters urging you to veto SB 380 submitted by the Disability Rights Education & Defense Fund (DREDF) and Disability Rights California (DRC).

We urge you to review the research cited by DREDF, leading to the following conclusion:

[T]he existing requirements of a sufficient period of time between requests, together with a final attestation, are necessary to protect against miscommunication (particularly between a physician and a patient from a different cultural background from the physician), coercion, a failure to offer and provide alternative supports to assisted suicide, and the undue influence of ableism. Two days is far too short. Moreover, eliminating the final attestation is completely contrary to the purportedly shared value among proponents and opponents of informed choice.

Both DREDF and DRC also share NDY’s concerns about the medical ableism that the pandemic has revealed. As DRC put it:

Assisted suicide is not about choice when people with disabilities lack access to sufficient medical care. The COVID-19 Pandemic revealed long standing disparities in our health care delivery system as we witnessed disproportionate rates of infection and mortality in our aging and disability community as well as our Black and Latinx communities. Now more than ever we should be focused on addressing inequities in our health care delivery system, not expanding access to assisted suicide.

We also encourage you to pay attention to an op-ed (Keep the Safeguards in California’s ‘End of Life’ law) published in Capitol Weekly concerning SB 380 by DREDF’s Marilyn Golden, an internationally prominent disability advocate who tragically passed away this week. She said:

This rush to erode the safeguards included in the 2015 End of Life Option Act is dangerous public policy. There is simply no data or science to support removing them so soon. . . . [W]ith the benefit of hindsight, it appears that the protections proponents touted as safeguards were no more than a ruse to get the original law passed.

Please veto SB 380.

Sincerely,

Diane Coleman, JD

President & CEO

In Mourning At the Passing of Marilyn Golden

The disability community is reeling from the heartbreaking news of the passing of Marilyn Golden, Senior Policy Analyst at the Disability Rights Education & Defense Fund (DREDF) yesterday (Sept. 21). Anyone who follows NDY knows that Marilyn has been a mission critical partner in our work opposing assisted suicide laws. That can be seen on both the NDY and DREDF websites.

What is less obvious is the decade of behind the scenes communications, brainstorming, analysis and companionship in the fight that we shared for so long. I have more than 10,000 emails from Marilyn reflecting invaluable and ongoing dialogue.

I can’t express my sense of loss and am not yet focused enough to share thoughts on her incredible contributions to NDY, but her bio is here.

head and shoulders photo of smiling woman with brown curly hair and wire rimmed glasses, a dark top and brick wall behind her
Marilyn Golden

 

John Kelly Letter Published In Boston Globe

Push for assisted suicide raises questions over disability rights

September 7, 2021

Head and shoulders photo of smiling short haired white man with dark-rimmed glasses wearing a peach colored shirt, with wheelchair headrest and sip-and-puff operating switch visible in the frame.
John B. Kelly

In response to an essay on the Victorian fantasy of a peaceful death, two letter writers (“Beyond the fantasy of a gentle death,” Aug. 29) called on the state Legislature to pass the proposed assisted suicide bill.

Paula Bacon and Molly DeHaas Walsh describe the circumstances of difficult deaths and believe that assisted suicide would bring them control, choice, and dignity when their pain and suffering become unbearable.

But when doctors misdiagnose people as terminal, the possibility of real choice disappears. Studies show that 12 percent to 15 percent of people outlive hospice, but in Oregon, with its Death With Dignity Act, only about 4 percent of people have lived past six months. This suggests that as many as 1 in 10 people ended their life prematurely. No one would tolerate any other elective treatment this deadly.

The Oregon reports show that the main “end-of-life concerns” stem not from physical pain but from “existential distress” over the disabling aspects of serious illness, such as dependence, status loss (“dignity”), incontinence, and feeling like a burden on others.

As someone paralyzed below the shoulders, I am terrified of the prospect of a state law sponsoring people’s suicides as rational responses to disability. Massachusetts should instead fully fund home care and provide world-class palliative care. Equality under the law depends on it.

John B. Kelly

Boston

 

NDY, DREDF, Disability & Patient Rights Groups Oppose Lawsuit To Expand Assisted Suicide Law

For Immediate Release:
September 2, 2021

Disability, Patients’ Rights Groups Issue Joint Statement Opposing the Expansion of Assisted Suicide in Observance of Suicide Prevention Month

Berkeley, California – In observance of Suicide Prevention Month this September, disability and patients’ rights leaders from California and across the United States joined together in solidarity to voice clear, unequivocable opposition to a lawsuit which seeks to relax already weak safeguards which protect against bias and abuse in physician-assisted suicide.

Signatory organizations also advocated for the expansion of underfunded palliative and long-term options so that critically ill individuals could receive the comprehensive physical, emotional, social, religious and spiritual care needed to live among their families, loved ones and non-disabled peers, rather than prioritizing expedited demise of already at-risk individuals.

The joint declaration came just days after legal action was claiming laws requiring self-administration of lethal drugs discriminates against people with disabilities in California, where assisted suicide has been legal since June 2016.  Estimates suggest approximately 400 people die each year in the state by taking lethal physician-prescribed drugs, but no reliable accounting system is publicly available at present.

Statements against the pro-euthanasia lawsuit are universally opposed to this change in the existing statute, in part, because the expansion of physician-assisted suicide affirms an ableist bias and is inherently skewed against disabled and other already at-risk communities and, as such, should be soundly rejected.

Statements from participating organizations:

“Advocating for assisted suicide under the guise of equal access flies in the face of decades long attempts by disability communities to live, learn and earn alongside our non-disabled peers. Prioritizing “aid in dying” rather than providing disabled people with the means we need to live is backwards at best, and at worst, stands diametrically opposed to our most cherished values, goals, and policy objectives,” stressed Marilyn Golden, Senior Policy Analyst at the Disability Rights Education and Defense Fund (DREDF). “Chronic healthcare disparities and inequity continue to be the norm rather than the exception among many ethnic, underserved, and poor communities who lack basic access to timely rehabilitative, therapeutic, urgent, palliative, hospice and other under supported health care options. This lawsuit, if successful, would not only set a dangerous precedent — it also puts the lives of already endangered disabled people at even greater risk.”

“This court case will only exacerbate the fact that people with life-threatening disabilities are further driven to despair as a result of fear of being forced into a nursing home or institution, fear of being a physical or financial burden on their families, lack of information about independent living options, and weariness from facing systemic barriers to getting their basic needs met,” reminded Reyma McCoy McDeid, MA (she/her), Executive Director of the National Council on Independent Living (NCIL). “In spite of almost two decades of experience with supposed ‘safeguards’ in the Netherlands, significant numbers of non-terminal people with disabilities have, nevertheless, either been coaxed into euthanasia or outright involuntarily euthanized.”

Upon learning of the litigation, Vincenzo Piscopo, President and CEO of United Spinal Association—a national organization of 58,000 members with spinal cord injuries and disorders (SCI/D) that has consistently opposed assisted suicide—felt that the commonly adopted concept of the ‘quality of life’ of people with disabilities by both the public and the medical establishment is discriminatory. “They often underrate the ability of severely disabled persons to live successful and fulfilling lives in our communities. Many individuals with spinal cord injuries feel depressed and/or suicidal after injury. Adequate healthcare, rehabilitation and integration into our communities improves outlook and quality of life.” Mr. Piscopo continued, “Quality of life cannot be judged, by third parties, on the basis of what one individual with disabilities thinks or says at a particular time. Treating depression and pain would be the medical community’s response to people without disabilities, and it is the appropriate response for our community.”

Diane Coleman, President and CEO of Not Dead Yet cautioned, “This terrible life-threatening lawsuit turns laws against disability discrimination upside down. As the data shows, people request assisted suicide because their disability related needs, such as qualified home care services, are not being met. Instead of meeting those needs, disabled people, whether ‘terminal’ or otherwise, are being offered a streamlined path to death. That’s ableism and agism, discrimination at its deadliest. It isn’t compassion, it’s contempt.”

“Any program, policy or approach that makes it easier to die rather than providing the supports, services or tools to live independently runs contrary to core tenets of disability civil rights,” warned Maria Town, President and CEO of the American Association of People with Disabilities. “AAPD supports and advocates for laws and policies that protect the rights and dignity of disabled people rather than reinforcing existing prejudices and mistaken negative assumptions about our lives, both individually and collectively as a community, constituency and culture. Advancing access to death rather than prioritizing the means to live would be a huge step backwards and must be categorically rejected.”

From Amber Smock the Director of Advocacy at Chicago’s Access Living: “This lawsuit only reinforces the harmful and false bias that it’s better to be dead than disabled, along with the idea that others can or should take action on behalf of disabled people. It completely fails to recognize the real risk people with physical disabilities too often face — the misuse of assisted suicide. Disabled people already find it challenging to get equal access to mental health supports. We need to be investing in disability competent counseling and supports, not bringing lawsuits that do nothing to address the issues disabled people face.”

Matt Vallière, Executive Director of Patients’ Rights Action Fund concluded, “After years of saying euthanasia takes the power away from patients, assisted suicide proponents are now advocating legalization of euthanasia by allowing medical professionals, family members and abusive caregivers to administer lethal drugs to kill people with disabilities.  The move in this case strips away the ‘safeguards’ they themselves put in place to ensure the protection of vulnerable people.  The current standard of ‘self-administration’ is a flimsy ‘safeguard’ to begin with because there are no third-party witnesses required to ensure it happens.  This lawsuit really begs some questions: are assisted suicide laws themselves inherently discriminatory by setting up a system in which most people get suicide prevention, but some people get suicide assistance?  Can you exclude some people from assisted suicide and have meaningful safeguards?  Will it happen without patient consent as it does in the Netherlands?  No one will ever know, because it all happens behind closed doors.”

Spokespersons from participating organizations are available for interviews both on the record and on background.  To arrange for an interview or for more information, please contact:

Lawrence Carter-Long
Communications Director, Disability Rights Education & Defense Fund
Email: LCarterLong@dredf.org
Matt Vallière
Executive Director, Patients Rights Action Fund
Email: matt@patientsrightsaction.org