Showing posts with label Americans with Disabilities Act. Show all posts
Showing posts with label Americans with Disabilities Act. Show all posts

Monday, July 24, 2017

WATCH: Cops Drag Wheelchair Bound Man Out of Car, Force Him to the Ground

wheelchair

Stayton, OR — Police in Stayton are under fire for what some have said is an insensitive and heartless arrest, after a video emerged showing their officers forcing a disabled man out of his car and aggressively shoving him face down on the ground.


Robert Twede, who requires a wheelchair to move around, was arrested earlier this month for driving three blocks to his home after police targeted him for a routine traffic stop that he says happens all too often. While the reason for the original stop is not entirely clear, Twede notes that he has been targeted and pulled over by these officers before, right by his house. He says that he usually drives back to his home because it is easier for him to get to his wheelchair.


A portion of this arrest on July 14 was captured on video. Before being ripped from his vehicle, he pleaded with the officers to retrieve his wheelchair and allow him to comply with their orders. They refused, and continued to insist that he “get out of the car.”


Twede described the incident as well as the ongoing harassment he has received. He admitted that he did not immediately pull over when police used their lights and sirens to effect a traffic stop. Feeling more comfortable getting out of his vehicle on his home turf (knowing he can manage his chair there), he proceeded three blocks to his residence.


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“I didn’t elude the police when they got behind me. What I did do is called failure to yield to an emergency vehicle…I drove straight to my address didn’t break the speed limit, used turn signals, and stopped at all stop signs…I pulled into my driveway and turned off my car.”



Twede wants people to know he has no criminal record and is not a felon. He says if he had broken the law, he would have been prepared to accept responsibility for his actions.



“I have no record I’m not a felon and with that being said I wasn’t resisting them arresting me. I’m a grown (sic) man and I know when I break the law and I have no problem facing the music if that is the case.”



He says he was complying with all of the officers’ commands up until they tried to pull him out of the vehicle through the driver’s side window.



“The only reason I was resisting is because I don’t feel that when I have my hands out the window fully cooperating that I should be pulled out through my window, which is exactly what both officers tried to do.”



It appears from Twede’s comments that he was only asking to be treated with the same dignity and respect that police officers seem to expect others to demonstrate to the badge. He said the officers never once attempted to help him retrieve his wheelchair from the back seat—a device both officers, he alleges, knew that he needed.



“Both cops knowing that I have to have my chair to get around didn’t even think twice about getting my chair out of my backseat where it was in plain view or allow my son who was pleading with them to get it out. Instead, the officers thought it was necessary to pull me out and force me over onto my stomach which I can’t do and is documented in my health records and backed by my doctor.”



He said the craziest thing happened after the officers apparently violated his rights under the Americans With Disabilities Act. They then assembled his wheelchair and placed him in it. That’s right. They potentially risked his health by placing him on his stomach and then, finally, did what he had originally asked them to do.




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Twede said his daughter was there to film the encounter. While he lamented the fact she had to witness it all, he appeared thankful she was there to document the alleged abuse.


Officer Altabef is reportedly one of the arresting officers. Twede says he has endured several instances of police using excessive force on him but only now has proof.



“I’ll have you know that since I have been in my wheelchair I have had to deal with the police using excessive force 3 times and this time my poor daughter was smart enough to catch it on video.”



Twede said harassment by Stayton police started in April when Altabef pulled him over and claimed his license plate light bulb was burned out.



As The Free Thought Project has documented, police will use minor violations to create probable cause to search a vehicle and potentially file charges against motorists.


As for his criminal history, Twede said he is just a motorist like everyone else who occasionally violates traffic laws. “If you consider traffic violations to be a criminal offense then habitual I am, ” he said.


The video Twede’s daughter recorded speaks for itself. The point at which the video begins is when Twede admitted he did not immediately pull over. He proceeded to his home, where he can presumably retrieve his wheelchair as he is accustomed to doing.


From his comments, we also know the police already attempted to drag him through the opened driver’s window. From the point at which the video begins, we can hear Twede yelling for the officers to retrieve his chair.



READ MORE:  The Belligerence and Ignorance of these 3 Cops is Enraging



The officers can be heard screaming what appears to be profanities at Twede, before dragging the man out of his car, and placing him on the ground.


Twede said he believes Altabef knew who they were dealing with and that he had certain medical needs that required special attention. He also said it wasn’t the first time police were forced to follow him home.



Twede then addressed Stayton police directly in his post:



“If I’m going to jail fine. If you feel I alluded you, then fine. But how does that justify me not being able to use my legs and needing my chair and just ripping me out of the car anyway, after I clearly told them that I would cooperate if they could let me have my chair which they ended up doing anyway?”


Friday, June 23, 2017

WATCH: Police Drag Disabled People from Wheelchairs During Mass Arrests at Peaceful Protest

disabled protest


Washington, DC — Mulitple disturbing images and videos have emerged from a peaceful protest over health care in the US Capitol on Thursday showing police forcefully removing disabled protesters, including many in wheelchairs.


The protest took place outside the office of Majority Leader Mitch McConnell, who proposed the health care bill. According to Capitol police, they arrested 43 people for their roles in the protests.




The protest was organized by ADAPT, a disability rights organization, whose protest targeted the bill’s cuts to Medicaid for low-income Americans.



“No cuts to Medicaid, save our liberties,” the protesters chanted, as reported by TIME. One protester who was in a wheelchair held a sign reading “life and liberty 4 disabled Americans.”




“The American Health Care Act caps and significantly cuts Medicaid which will greatly reduce access to medical care and home and community based services for elderly and disabled Americans who will either die or be forced into institutions,” said Bruce Darling, an ADAPT organizer taking part in the protest. “Our lives and liberty shouldn’t be stolen to give a tax break to the wealthy. That’s truly un-American.”


During the protest, several videos show disabled people being dragged from their wheelchairs and arrested by police. The disturbing images paint a horrific image of what’s become of the First Amendment in the United States.



READ MORE:  From Walmart to the Rams Game #Ferguson Protests Bring Over 70 Arrests on Monday



The freedom of speech is not reserved for some quiet protest in a cordoned off safe zone far away from politicians. It was, in fact, designed so that people could fill the halls of federal buildings and voice their grievances directly toward those who ostensibly represent them. Sadly, however, that notion is now dead in this country.





A police spokeswoman said in a press release Thursday night, that “many of the demonstrators, as part of their protest activities, removed themselves from their wheelchairs and lay themselves on the floor.”


While that was true, there were several instances of protesters being pulled from their wheelchairs.




Also in a statement on Thursday, the ACLU released their stance, noting, “We can’t believe this needs to be said, but it’s not okay to drag people out of wheelchairs when they’re protesting legislation.”















The Capitol Police are not like regular cops as their purpose is not to protect the citizens. They are there for the protection of lawmakers only. They are similar to the secret service except they can and will arrest people en masse for peaceful protests.



READ MORE:  WATCH: Man Arrested Because Cops "Fear for Their Lives" for Being Filmed



Capitol Police spokeswoman Eva Malecki released a statement Thursday in regards to the arrests:



Today, at approximately at 11:30 a.m., disability rights activists staged a planned “die-in” in the Russell Senate Office Building. Many of the demonstrators, as part of their protest activities, removed themselves from their wheelchairs and lay themselves on the floor, obstructing passage through the hallway and into nearby offices.


U.S. Capitol Police (USCP) officers warned the demonstrators to cease their unlawful activities or be faced with arrest. Forty-three people (15 males and 28 females) did not cease their demonstration activities and were arrested.


The arrestees were charged with D.C. Code §22-1307, Crowding, Obstructing, or Incommoding. They were transported to USCP Headquarters for processing.







Let’s hope that these disabled protesters fared better than the journalists and protesters arrested during the Trump inauguration. According to a recent lawsuit filed on behalf of multiple victims, police allegedly used ‘rape as punishment’ during the mass arrests.


As Think Progress reports, once the protesters and journalists were arrested on inauguration day, a living hell ensued:



An officer ordered Horse, fellow plaintiff Milo Gonzalez, and three others to take their pants off before grabbing their testicles and then inserting a finger into their anuses while “other officers laughed,” the complaint alleges. Horse is a photojournalist, one of six reporters initially arrested and charged whose cases have been dismissed.



“I felt like they were using molestation and rape as punishment. They used those tactics to inflict pain and misery on people who are supposed to be innocent until proven guilty,” Horse said. “It felt like they were trying to break me and the others — break us so that even if the charges didn’t stick, that night would be our punishment.”



Let’s hope, for the sake people of ADAPT, that these same tactics weren’t used to punish them.




READ MORE:  Man Sentenced to 2-Years of Probation, $1K Fine -- for Peaceful Facebook Post About Corrupt Cops


Sunday, April 2, 2017

GOP Bill Could Let Employers Access Your Genetic and Health Info

A GOP bill in Congress could give employers access to employees’ personal medical and genetic information and increase financial penalties for people who reject workplace wellness programs. [1]


House Republicans have proposed this legislation that would make it easier for companies to gather DNA and health information from employees and their families – children included – when it’s collected as part of a ‘voluntary’ workplace wellness program. Debate still remains, however, on the effectiveness of such wellness programs in general. [2]


H.R. 1313, the Preserving Employee Wellness Programs Act, was proposed by Rep. Virginia Foxx, a Republican from North Carolina and chair of the House Committee on Education and the Workforce. The bill is under review by other House committees and is awaiting review by the Senate. It has drawn the ire of numerous consumer, health, and privacy advocacy groups, as well as House Democrats.




A spokesperson for the House committee argued that “the legislation will reaffirm existing law and provide regulatory clarity so that employers can have the certainty they need to help lower health care costs for their employees.” Opponents, however, say that the bill could undermine existing laws designed to protect an individual’s personal medical information from use by employers and others. [2]


In a statement, Nancy J. Cox, Ph.D., president of The American Society of Human Genetics, said:


“We urge the Committee not to move forward with consideration of this bill. As longtime advocates of genetic privacy, we instead encourage the Committee to pursue ways to foster workplace wellness and employee health without infringing upon the civil rights afforded by ADA (Americans with Disabilities Act) and GINA (Genetic Information Nondiscrimination Act).” [2]


GINA was intended to prohibit genetic discrimination, and passed Congress with bipartisan support in 2008. Under the bill, companies can neither hire nor fire workers on genetic grounds, and GINA banned employers from asking for DNA test results. Workplace wellness programs were the exception to the rule, but the information had to be given voluntarily and only the program director, not employers, would have access. [3]



When President Obama signed the Affordable Care Act into law in 2010, employers were given the power to levy financial incentives and penalties to urge employees to participate in the supposedly voluntary programs.


As of 1 January 2017, according to Equal Employment Opportunity Commission regulations, employees who opt out of a wellness program can face penalties of up to 30% more, or even 50% more under certain conditions, for work health insurance than those who participate in the program.


Under the Republican bill, employers can demand DNA test results for employees in wellness programs, which directly conflicts with the GINA ban on forcing workers to share their results. If the bill is passed, it would mean that the GINA provisions don’t apply to wellness programs.


Cox said that, if enacted, the bill would “fundamentally undermine” GINA and ADA. [2]


In a letter to Foxx, a group of advocates, including AARP, the American Diabetes Association, the American Academy of Pediatrics, the Epilepsy Foundation, the March of Dimes, and others wrote:


“We strongly oppose any legislation that would allow employers to inquire about employees’ private genetic information or medical information unrelated to their ability to do their jobs, and to impose draconian penalties on employees who choose to keep that information private.” [1]





Sources:


[1] The New York Times


[2] Fox News


[3] Buzzfeed



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About Julie Fidler:


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Julie Fidler is a freelance writer, legal blogger, and the author of Adventures in Holy Matrimony: For Better or the Absolute Worst. She lives in Pennsylvania with her husband and two ridiculously spoiled cats. She occasionally pontificates on her blog.