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RELEASE: Disability Advocacy Groups File Federal Lawsuit Alleging 6 Maryland Jurisdictions Discriminate in Vaccine Process

UPDATE: On March 12, 2021, The Arc Maryland dismissed its lawsuit against Baltimore City and Garrett County after both jurisdictions took actions to increase opportunities for people with intellectual and developmental disabilities to access COVID-19 vaccines. Read more >>

Baltimore, MD (March 9, 2021) ⁠— The Arc Maryland is suing Baltimore City and five Maryland counties, charging they have discriminated against people with intellectual and developmental disabilities (IDD) by denying opportunities for them to access COVID-19 vaccines.

The lawsuit filed last night in U.S. District Court for the District of Maryland Northern Division by The Arc Maryland – which is being represented by Disability Rights Maryland, The Arc of the United States, and the Brown & Barron Law Firm – asserts that the websites being used by the six named jurisdictions to convey information about coronavirus vaccines fail to include people with IDD as eligible for vaccines under Phase 1B of Maryland’s vaccine priority plan.

This is not only inconsistent with Maryland’s Executive Order and Vaccination Plan, which specifies people with intellectual and developmental disabilities have priority under Phase 1B, but also violates the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

The jurisdictions named in the suit are Baltimore City, and Carroll, Garrett, Queen Anne’s, Somerset, and Talbot counties.

“Simply put, this discrimination puts lives at stake,” says Ray Marshall, Board President of The Arc Maryland.

Ivis Burris has muscular dystrophy and requires support staff to come to her apartment to assist her with nursing needs. She lives in Baltimore City with her adult son who has Down syndrome. Under the state Vaccination Plan, they are both eligible for the vaccine under Phase 1B as individuals with IDD. But when Ms. Burris went to the Baltimore City COVID-19 website, she thought she wasn’t eligible to request the vaccine for herself and her son because the City excludes people with IDD from its list of those eligible for Phase 1B. Ms. Burris explains, “I want a fair chance like everybody else to live. My son deserves a fair chance to live. Considering our situation – I need a ventilator to breathe and my son is at higher risk because of his Down syndrome – it is really critical that we get the vaccine. Our disabilities put us at higher risk.”

“People with intellectual and developmental disabilities have faced and overcome incredible obstacles over the past year,” Marshall notes. “It is frustrating to have our state recognize people with IDD to be the 1B priority group for the vaccine, only for people with IDD to be denied equitable access to the vaccine from the counties in which they live. We hope this action will result in immediate change for the benefit of all.”

Numerous studies indicate that people with IDD face significantly heightened COVID-19 risk. That risk may be increased for those who rely on caregivers or direct support professionals to provide assistance with daily activities, for which social distancing is often not possible. This is particularly true for those people supported by a provider organization, such as one of The Arc Maryland’s local affiliates.

According to a study published this week in the New England Journal of Medicine, Catalyst, COVID-19-related fatality rates among people with IDD nationally who have tested positive for COVID-19 are 2-3 times greater than mortality rates among the general population who have tested positive for COVID-19.

Maryland’s plan distributes vaccines to priority groups based on the relative risk of exposure or developing a serious illness. Since January 5, those included in Phase 1A (including health care workers and residents of nursing facilities) have been eligible to receive the vaccine. On January 18, Maryland entered Phase 1B of the plan, prioritizing Maryland residents who are:

  • 75 years and older;

  • in assisted living, independent living, developmental disabilities or behavioral health group homes, and other congregate living facilities;

  • high-risk incarcerated individuals;

  • continuity of government;

  • education, including K-12 teachers, support staff, and childcare providers; and

  • Individuals with intellectual and developmental disabilities.

On January 25th, Maryland entered Phase 1C of the plan, opening up eligibility to adults aged 65-74, essential workers in lab services, agriculture, manufacturing, postal service, etc. Those who fall under earlier priority groups, including those with IDD, continue to be eligible to receive the vaccine. Due to inaccurate information from these six jurisdictions, access to the COVID vaccine has been impeded for people with IDD.

According to recent projections, there are approximately 93,000 Marylanders, statewide, with IDD. A fraction of this number of people receive supports from a DDA provider in a congregate setting.

“We are grateful for the pharmacy partnership program in Maryland which has helped some people with IDD in DDA congregate settings access the COVID vaccine. Many of The Arc chapter affiliates have held clinics to support this critical vaccination effort in the state. Unfortunately, this group represents a small fraction of all people with IDD in the counties and in need: people who are not in a congregate living setting and/or are not aware they are prioritized for the vaccine in 1B due to the inaccurate or missing information from some county health departments,” explains Ande Kolp, Executive Director of The Arc Maryland.

“Throughout this pandemic, The Arc has fought to ensure that people with disabilities nationwide have equal access to treatment and are not subject to medical discrimination,” notes Peter Berns, CEO for The Arc of the United States. “As vaccines are distributed around the country, we will remain vigilant to ensure people with IDD are not discriminated against in this process.”

“We need these localities to take immediate corrective action to fix their information; to fix forms that exclude individuals with disabilities from claiming eligibility and seeking vaccine appointments; to tell health department staff and others that people with disabilities are eligible and to assist them with obtaining the vaccine. The Americans with Disabilities Act was passed over thirty years ago with a purpose of ending historic inequities in health care. We need immediate action to protect lives,” says Lauren Young, Litigation Director for Disability Rights Maryland.

“Ensuring that vulnerable populations have access to life-saving vaccines and that the State’s distribution plan prioritizing these populations is followed is in accordance with Brown & Barron’s core principles and values of promoting access to quality healthcare for all. We are proud to stand behind The Arc in supporting these individuals and communities at this crucial time,” says Brian S. Brown, Managing Member of Brown & Barron, LLC.


Disability Rights Maryland (DRM), a non-profit 501(c)(3) organization, is Maryland’s designated Protection & Advocacy agency. DRM advocates to advance the civil rights of people with disabilities throughout Maryland.
 
The Arc Maryland is an affiliate of The Arc of the United States. The Arc Maryland has 10 local affiliate chapters across Maryland.
 
The Arc of the United States is the largest grassroots organization dedicated to advancing the civil rights of people with intellectual and developmental disabilities.
 
Brown & Barron, LLC is a civil justice law firm in Baltimore, Maryland.
 

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DRM’S Leslie Margolis Featured in ABA Journal

Leslie Seid Margolis, managing attorney at Disability Rights Maryland (DRM), was featured in the ABA Journal last week for her role in the passage of the American Bar Association (ABA) Resolution 103, which urges government bodies to establish and enforce legislation and educational policies that prohibit school personnel from using seclusion and restraints on students in preschool through 12th grade. She worked with the ABA Commission on Disability Rights over the past year to draft and edit Resolution 103 and was invited to speak in favor of the resolution at the ABA’s Annual Meeting on August 3, 2020. Leslie shared the story of a 7-year-old child in foster care who was restrained more than 147 times by his school’s staff—a story she “wished that she could say [was] unusual,” but one that continues to affect children across the county at high rates, particularly students with disabilities and students of color. Thanks to the vigorous efforts of Leslie and other advocates, the ABA House of Delegates expressed overwhelming support for Resolution 103 by passing it with a vote of 358-19.

Every child has the right to be treated with dignity and respect. No child should ever be subjected to abusive treatment under the guise of providing effective educational services. DRM continues its efforts to hold school systems accountable for their over-reliance on these traumatic and potentially deadly interventions and is profoundly thankful to the ABA for passing Resolution 103 and, by doing so, acknowledging that what happens to so many children across the United States is unconscionable and inhumane.

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Judith Heumann and “Crip Camp: A Disability Revolution”

NPR’s The Kojo Nnamdi Show rebroadcast a program yesterday on the Netflix documentary “Crip Camp: A Disability Revolution,”  featuring James LeBrecht and Judith Heumann who retell their riveting stories of the genesis of the disability rights movement in the 1970’s at a Catskills summer camp.

 

Barack and Michelle Obama were executive producers for the documentary under their Higher Ground Productions company. Listen to the full episode as LeBrecht recounts the inspiration behind the documentary and the origins and evolution of the movement for disability rights. Heumann also speaks about the origins of her activism as well as discusses the future of the disability rights movement.

To recognize Judith Heumann’s astounding contribution to the disability rights movement, DRM has established in perpetuity The Judith Heumann Champion of Justice Award, which Heumann will present to Wade Henderson, former president and CEO of The Leadership Conference, at DRM’s 2020 Breaking Barriers Virtual Awards Gala on Thursday, November 12, 2020.


The Breaking Barriers Awards Gala is Disability Rights Maryland’s (DRM) signature celebration where individuals, law firms and organizations that have demonstrated exceptional leadership, vision and achievement in safeguarding the legal rights of people with disabilities in Maryland are recognized and honored. To learn more, go to https://www.disabilityrightsmd.org/2020-bb-gala.

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DRM Investigation Prompts Prison Reform Efforts across Maryland

In late 2017, Disability Rights Maryland (DRM) launched an investigation in response to disturbing allegations of neglect and abuse surrounding the suicide of Anne Green (a fictitious name is being used to protect the identity of our client). A young woman with disabilities, including serious mental illness, Anne was placed in a restrictive housing unit days before she took her life at the Maryland Correctional Institute for Women (MCIW).

Though DRM’s initial involvement in the case focused on one individual’s tragic death, ultimately, DRM expanded its advocacy to include a statewide legislative push for institutional reform, demanding a stop to the damaging practices of abuse, neglect, and prison segregation for people with serious mental illness that afflicted Anne in the last days of her life.

An inquiry that began with a review of records and several interviews with women incarcerated at MCIW who knew about the incident immediately led DRM to the discovery of warning signs of an institutional pattern of abuse and neglect extending far beyond the scope of Anne’s case. Subsequent to the interviews surrounding the case, DRM initiated a comprehensive examination of conditions at MCIW and conducted a full site visit at the institution on March 7, 2018.

DRM’s expanded investigation uncovered a lack of reasonable standards of care for many incarcerated individuals with mental illness, including Anne, at MCIW. In a select few cases, DRM successfully advocated for access to medications and treatment for individuals, but the systemic failings of MCIW were significant.

Towards the end of the same year, 2018, DRM published a report titled “Segregation and Suicide: Confinement at the Maryland Correctional Institution for Women,” which documented the extreme isolation and harm suffered by women with disabilities in MCIW’s segregation, infirmary, and mental health units. Infirmary and mental health units can deny women the ability to be outdoors or have access to natural light for months or even years. They also deny women access to individual and confidential mental health counseling. Anne’s suicide is testimony to the severe harm that prison segregation practices can cause. In its report, DRM recommends the adoption of safer, less harmful correctional practices that conform to professional standards and comply with federal and Constitutional requirements.

With MCIW in her district, DRM’s report hit close to home for Delegate Sandy Bartlett of the Maryland House of Delegates. In 2019, newly-elected Delegate Bartlett introduced a bill that would have codified DRM’s recommendations verbatim as the intent of the General Assembly. The bill passed the House of Delegates unanimously but failed by a split vote in the Senate Judicial Proceedings Committee. Ultimately, more than 140 legislators voted in support of DRM’s recommendations. Despite this temporary setback, DRM continues to meet with legislators and advocates, including members of the National Association of Women Judges and Maryland mental health care providers, to identify further advocacy strategies.

DRM’s definitive and conclusive findings on the harmful practices of MCIW created a powerful foothold in the struggle for prison reform as advocates across Maryland continue the upward climb towards justice for Anne and incarcerated people across Maryland.

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DRM Presents 2020 Gayle Hafner Grassroots Advocacy Award to Consumers for Accessible Ride Services (CARS)

Disability Rights Maryland (DRM) is pleased to announce Consumers for Accessible Ride Services (CARS) as the honoree for the 2020 Gayle Hafner Grassroots Advocacy Award. This prestigious award honors members of the community who have succeeded in creating substantial positive change for Marylanders with disabilities through grassroots activism. A remarkable team of Baltimore self-advocates with disabilities, CARS is a close partner of Disability Rights Maryland in the struggle for accessible public transit. DRM will present the award to CARS’ Chairman Floyd Hartley, on behalf of the full CARS team, at the virtual 2020 Breaking Barriers Awards Gala on Nov. 12, 2020.

CARS members teamed up with DRM and AARP Foundation Litigation in 2015 to file a lawsuit against the Maryland Transit Authority (MTA) in order to resolve critical failures in MTA Mobility services. These failures included widespread, abrupt, and inappropriate denials of eligibility to people who met the criteria for paratransit services, as well as egregiously long telephone hold times for paratransit users. CARS members Floyd Hartley, Debbie Benedaret, Danielle Phelps and Phillip Freeman were the four individual plaintiffs in the lawsuit.

For people with disabilities in the Baltimore Metro Area, MTA Mobility has been and continues to be a lifeline to essential services. MTA Mobility connects people to vital resources for maintaining their health, employment, ability to visit family and friends, and ability to participate in their communities. When DRM determined that wrongful denials of eligibility to people like Phillip and Debbie were widespread, DRM Director of Litigation Lauren Young took the issue to court, and the plaintiffs reached a settlement with MTA.

In the years that followed, CARS and DRM presented their concerns to the Maryland Secretary of Transportation, and when the MTA failed to meet the requirements of the initial settlement, CARS helped DRM file a breach of settlement to renegotiate with the MTA. Former CARS Chairman Michael Gerlach emphasizes the importance of CARS’s presence in the Baltimore community. “A group like this is desperately needed,” Gerlach says, “because there are so many problems with the MTA, and the average rider doesn’t have anybody to protect them.” He explains, “We advocate for the riders and the community to make sure that their voices are heard.”

This May, after five years of negotiations driven by the experiences and guidance of Marylanders with disabilities, CARS and DRM successfully secured provisions for accountability and oversight to ensure that people like Phillip and Floyd never face this crisis again. The advocacy efforts of DRM and CARS, along with other coalition groups, have won a significant victory for the over 30,000 Marylanders who use paratransit services and a crucial step forward in our community’s fight for access to transportation for all!


The Breaking Barriers Awards Gala is Disability Rights Maryland’s (DRM) signature celebration where individuals, law firms and organizations that have demonstrated exceptional leadership, vision and achievement in safeguarding the legal rights of people with disabilities in Maryland are recognized and honored. To learn more, go to https://www.disabilityrightsmd.org/2020-bb-gala.

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