Federally Sanctioned Exploitation Of Workers with Disabilities – Happy Labor Day:
On this Labor Day, Out Of Exile – Invisible Disability Rights gives thanks and honor to workers and the unions that protect them. Without unions, the experience of many workers may be similar to that of the disabled. This piece will focus on the exploitation and abuse of disabled workers by employers , and how it's perfectly legal under federal and state laws in the US. Section 14(c) of the US Department of Labor's "Fair Standards And Labor Act" (FSLA), has been virtually unchanged since it was enacted in 1938. Under the almost century old regulation, employers can apply for a certificate which allows them to pay workers with disabilities, an unspecified subminimum wage.
The average sub wage and the number of disabled people seemingly exploited by this legislation, seems to vary among the sources linked below. By any account, even one person with disabilities being preyed upon in this way, is far too many. The wages are inhumane. A 2021 Forbes article claims over 320,000 people with disabilities, the majority with invisible disabilities, earn an average of $3.34 an hour. A previous Forbes article put the figures in excess of 420,000 people being paid as little as $2.15, while others cite drastically lower wages. Some organizations like Goodwill, form their own "sheltered workshops", determining their own limits on sub wages for their disabled workers. There seems to be no bottom limit on how little individuals with invisible disabilities can be paid.
"The non-profits use “time studies” to calculate the salaries of Section 14 (c) workers. With a stopwatch, staff members time how long it takes a disabled worker to complete a task. That time is compared with how long it would take a person without a disability to do the same task. The non-profit then applies a formula to calculate a rate of pay, which may be equal to or less than minimum wage".
A decade ago, NBC reported that Goodwill industries, presumably by authority of their DOL "Section 14(c) certificate", paid disabled workers twenty-two cents an hour. The report claims that some were paid as little as three or four cents an hour. Think about paying your bills 10 years ago on a wage like this. Some nonprofits, even place Section 14(c) workers in outside, for-profit endeavors in restaurants, stores and even, "IRS centers". That sounds more like calculated exploitation, rather than accommodation and equality. Though the "NBC-Goodwill" article and figures are old, the problem is older and still continues today.
The theory of sheltered workshops is to prepare individuals with disabilities to transition to outside employment. In Missouri, disabled workers packaging T-shirts or sorting and counting dog treats to be sold for profit on Amazon, rarely "graduate" these workshops into regular paying jobs. Pay for sorting the $15 Amazon dog treats? $1.50 an hour while Jeff Bezos builds rocket ships. The title of the recent ProPublica article linked below, says it all. "Missouri Allows Some Disabled Workers to Earn Less Than a Dollar an Hour. The State Says It's Fine If That Never Changes". I say, show me change in the Show-Me state and across the country.
In a follow-up to that story by ProPublica, some participants of sheltered workshops said they approved, saying the alternative is to sit at home and do nothing. Are these opinion formed as a result of gas lighting or years of oppression accepted as "just the way it is"? It's time for new attitudes and alternatives for the disabled community when it comes to wages and employment. In some states, now there are.
About 16 states have changed or passed laws regarding disability subminimum wage exploitation but, nothing to speak of federally. A three year old press release from the National Council on Disability that "Applauded the US commission on civil rights call to repeal section 14(c)", seems to be the sum of that effort. Other states have actions in progress including: Connecticut, Minnesota, New Hampshire, New York. If you live in any of these states, now's the time for activism and to let your representatives know how you feel. Follow the ""legislation watch" APSE link to track progress. The Alternative? Similar actions introduced in Kentucky and West Virginia died in committee allowing this despicable injustice against disabled people in those states to continue. Change is up to everyone. What will you do to help stop the exploitation and abuse?
In a Whole New Way is a photographic self-portrait by New Yorkers who are serving a term of probation. The book also lifts the veil on this “second-chance” justice intervention that has spread from its origins in 1841 Boston to most of the world today.
Disability ID and Disability Deaths – How Police Killed Elijah McClain (1of2)
CONTENT WARNING (CW): The details and linked videos of this event may be disturbing to some. Image-eye contact.
Even with the positives disability designator IDs might bring, it's unlikely a card will prevent authorities from abusing and killing people with invisible disabilities. Aside from a change in attitudes, there are still far too many, long-overdue reforms needed. Many instances of police induced death involving the disabled, including people with autism, brain injury, and hearing impairments, were blamed on the victim. Most were, in fact, a direct result of: Ablest attitudes (ignorance), use of excessive force, and unacceptable treatment attributed to inadequate training. Utilizing invisible disabilities to scapegoat victims and bury the case, is another tactic often employed but, "inadequate training", is not what has killed so many people with disabilities.
Mentioned in part three of this piece, the history of one particular force, is a prime demonstration of a "pattern and practice", that has destroyed lives and families of people with invisible disabilities. According to other investigations, Aurora Colorado's pattern of policing, has raised concerns of implicit bias towards the disabled, POC and other marginalized people. Perhaps, one of the most famous examples from that city, is the death of a 23-year-old black man with autism and anemia, Elijah McClain. That case, sparked outrage from both the disabled and black communities, and with the first of three homicide trials set to begin in August, now is not the time to forget what happened to Elijah. The demeaning and despicable treatment he was subjected to, is not uncommon in "policing" of the disabled.
August 24, 2019: Elijah McClain, a massage therapist, violinist and "gentle soul", was walking home from a convenience store not, far from his home. Because of his anemia, which often made him feel cold, he was known to wear a ski mask. On his way home, someone in a house he passed called police to report an unarmed, "sketchy" individual. Minutes Later, Aurora PD's Nathan Woodyard saw Elijah walking to his home and stopped. Within 9 sec. of exiting his car, Woodyard had his hands on Elijah McClain. Just seconds later, officers Randy Roedema and Jason Rosenblatt showed up, also engaging with Elisha. As he explained he was an "introvert" and was "just walking home", one of the officers responded, "Relax, or I'm going to have to change this situation".
The officers had McClain against the wall before taking the five feet seven, 143 lb man to the ground. One of their body cameras was detached and landed in the grass, capturing an officer slowly walking out of view. With Elijah and police no longer being filmed clearly, one officer can be heard claiming, "he just grabbed your gun dude". Within four seconds of the allegation, Elijah can be heard choking as a result of police applying the carotid restraint, restricting his airflow. FOUR SECONDS?! One of the officers later told investigators that McClain "briefly" fell unconscious and the officers released their grasp on his neck. The chokehold was implemented only one min. and four sec. after the first officer exited his vehicle. The three officers involved, Woodyard, Rosenblatt and Roedema, all claimed their body cameras "fell off " in the "struggle" with this small statured young man.
The video footage is very difficult to listen to. Elijah McClain can be heard gasping as he pleads with officers to stop, saying, "I can't breathe". Elijah continues to plead, saying his name and that he was "just going home". Through his sobs, came the words myself and many others with invisible disabilities, will never forget. "I'm just different. I'm just different, that's all". It's hard to hear the police on the audio of one body cam but, Elijah's words are clear… "I'm so sorry. I have no gun. I don't do that stuff. I don't do any fighting. Why are you attacking me?". As officers ignore his pleas, they seem to spin tales of their "struggle" with a 143 pound person. One repeated the accusation that McClain tried to grab officer Roedema's gun, and that they "had" to use the carotid hold.
About six minutes after the initial contact by police, Elijah McClain can be heard vomiting for the first time. One of the officers commands him to "STOP" to which McClain apologized saying, "I'm sorry. I wasn't trying to do that. I just can't breathe correctly". In the next few minutes, McClain gets sick "a few more times" while officers held him facedown on the ground, telling him repeatedly to stop resisting. Reports say he was also handcuffed and still wearing the ski mask when he was sick, and as a result, was struggling to breathe. He may have been trying to roll on his side or remove the mask to breathe better, as police seemed to be acting out a show of "resisting arrest" for the body cam audio.
Police can be heard threatening him, "Don't get up. It's not gonna be good for you, I'm telling you right now". Another officer standing over him said "You keep messin' around, I'm unna bring my dog out here", saying he would let the dog attack Elijah. Approximately 11 minutes after the initial contact by officer Woodyard, the cameras capture police saying, "When the ambulance gets here, were gonna go ahead and give him some ketamine". This is also when they claimed "whatever he's on, he has incredible strength." Another concurs "yeah, crazy strength". It's alarming that police and individuals of such character, have authority to mandate the administering of this powerful sedative.
The timing of the accusation that Elijah McClain attempted to grab the firearm, only seconds after body cams were removed, is highly suspect. Again, McClain was 143 lbs, being held by three much larger men. While one of the officer's body cam was still attached, another can be heard telling him to "move" his camera. I don't believe the body cams dislodged, and firmly believe these accused murderers doffed them. The Maclean's attorney said police intentionally removed their body cameras "to support a false allegation that McClain reached for a gun". Though it is not clear on the video, there is absolutely, no doubt in my mind. The same is true, regarding their claims for body cam audio that Elijah was "struggling". If he was struggling, it was likely for air and survival.
The report from paramedics, Jeremy Cooper and Peter Cichuniec claimed that when they arrived, Elijah was displaying signs of "excited delirium". The snap "diagnosis" was made, despite never touching, talking to, or checking Maclean's vitals. Were these paramedics scapegoating in an effort to protect their fellow first responders? After incorrectly estimating his weight, the paramedics administered 500 mg of ketamine to McClain, a dosage for someone nearly 60 to 70 pounds larger. For those who believe in forcibly drugging people, the proper ketamine dosage for Elijah's weight, is about 325 mg. Approximately 23 minutes after Nathan Woodyard stopped "to talk" to McClain, the officers responsible were informed, Elijah, had no pulse. Less than a week later, he was declared brain-dead on August 27, 2019, and died, three days later on the 30th.
According to cpr.org–CPR news: "After McClain’s death, Dr. Stephen Cina, a contractor forensic pathologist for Adams County, completed the autopsy on Sept. 3, 2019. There were two Aurora police officers and two representatives from the Adams County District Attorney’s office in attendance". I'd be interested to hear that conversation, considering the findings of the autopsy. The Adams County corner ruled the cause of death as "undetermined" saying that, "a therapeutic amount" of ketamine was found in Maclean's system. The report, reeking of scapegoating, speculated about drug use and undiagnosed mental illness, while seeming to conclude nothing but suppositional "ifs".
Excerpt from Dr. Cina's report: "The manner of death may be accident if it was an idiosyncratic drug reaction,” . “It may be natural if (McClain) had an undiagnosed mental illness that led to excited delirium, if his intense physical exertion combined with a narrow coronary artery led to an arrhythmia, if he had an asthma attack, or if he aspirated vomit while restrained."... "It may be a homicide if the actions of officers led to his death (eg. carotid control hold…)”.
That's a lot of "Ifs". I can't help but wonder "IF", the presence of officers and DA personnel "may" have influence the doctors findings. In conjunction with the corners "undetermined" autopsy determination, Adams County DA Dave Young said, he would not bring charges against the officers. This seeming manipulation of justice, by those who controlled it, was met with outrage.
Another slap in the face, illuminating the culture of APD, occurred in October 2019, less than two months after Elijah's death. Several other officers returned to the scene, taking pictures while they joyfully reenacted the cardioid hold, used on McClain. In July, 2020, after the photos were made public, three officers were fired and one resigned. It's remarkable that they were fired for mocking and taking pictures, while the officers that killed Elijah were still patrolling the streets. The shouts of "Justice for Elijah", became louder as it seemed this heinous police action was being ignored. Once again, protesters took to the streets.
Protests, investigation, Arrests and Trials. Conclusion – "Justice for Elijah" below.
"Disability ID and Disability Deaths" Conclusion: "Justice for Elijah McClain" (2 of 2)
CONTENT WARNING (CW): the details and videos of this event may be disturbing to some.
The winds of change began to blow in the summer of 2020. A change.org petition compiled over 2 million signatures, seeking justice for Elijah McClain. On June 10, 2020, Colorado Gov. Jared Polis told the public, Atty Gen Phil Weiser would be investigating the death of McClain. Also that June, protesters shut down a section of Interstate 225, demanding accountability for his death. In the series of peaceful demonstrations, protesters were also targeted by police. During those protests, when heavily militarized police arrived, the legendary chant began, "WHY ARE YOU IN RIOT GEAR! WE DON'T SEE NO RIOT HERE". Finally, there was momentum in the battle for some form of justice.
In September, 2021, over two years after the crime, a 32 count grand jury indictment charged the five first responders for their actions. The forensic pathologist who was part of the grand jury investigation, concluded the cause of death was "homicide". The individuals named in the grand jury indictment were: officers Randy Roedema, Nathan Woodyard, Jason Rosenblatt, and paramedics Jeremy Cooper and Peter Cichuniec. All five were charged with "Manslaughter" and "Criminally negligent homicide" among other charges. Roedema, Rosenblatt and both EMTs were additionally charged with "Second-degree assault" and "Crime of violence". The trial of officers Randy Roedema and Jason Rosenblatt, being tried together, was scheduled to start on July 10 but, was postponed, with no new date set at that time.
The indictment was followed by a series of other events. In September 2022, well after the grand jury indictment, Adams County announced, the original 2019 autopsy report had been amended. It now stated the means as "COMPLICATIONS OF KETAMINE ADMINISTRATION FOLLOWING FORCIBLE RESTRAINT". However, the cause of death was still listed as "UNDETERMINED", rather than "homicide". Interestingly enough, in November 2021, the city of Aurora agreed to pay the family of Elijah McClain, $15 million to settle a federal civil rights action.
Next week, the first of the three trials is set to begin, as paramedics Cooper and Cichuniec have a court date on August 7. Nathan Woodyard, the first Aurora officer on the scene, will stand trial alone beginning on September 18. The judge that pushed back the Roedema and Rosenblatt case, expressed hopes for a rescheduling by October. Four years will have elapsed since Elijah McClain's death, before any proceedings against police will begin. That fact alone underscores other findings of "implicit bias" in regard to racial and disability justice. Unfortunately, that problem is not limited to Colorado.
It's reported that over 1100 people were killed by police in 2022, other reports say, "half of people killed by police have a disability". It seems to be a dangerous time if someone decides another is different, especially if that someone has authority. People with disabilities are not a "new thing", and represent about 26% of the US population. Why should it be necessary to teach those sworn to "serve and protect", basics like: understanding, accommodation, proper communication, and preservation of dignity, when it comes to invisible disability? Can things like human decency, actually be taught with "adequate training"? Considering Elijah and the story of Christian Glass, is it any wonder many individuals with invisible disabilities, are afraid to call police for help? How many such crimes are covered up or not reported? Will an ID card really change anything? More importantly, why did so many have to suffer, before anyone heard them call... "I'm just different. I'm just different, that's all".
Elijah McClain's last words: CW
"I can't breathe. I have my ID right here. My name is Elijah McClain. That's my house. I was just going home. I'm an introvert. I'm just different. That's all. I'm so sorry. I have no gun. I don't do that stuff. I don't do any fighting. Why are you attacking me? I don't even kill flies! I don't eat meat! But I don't judge people, I don't judge people who do eat meat. Forgive me. All I was trying to do was become better. I will do it. I will do anything. Sacrifice my identity, I'll do it. You all are phenomenal. You are beautiful and I love you. Try to forgive me. I'm a mood Gemini. I'm sorry. I'm so sorry. Ow, that really hurt! You are all very strong. Teamwork makes the dream work. [after vomiting] Oh, I'm sorry, I wasn't trying to do that. I just can't breathe correctly."
Justice for Elijah McClain – Murder Trials Update:
Tomorrow marks four years since Elijah McClain died as a result of his interactions with Aurora Colorado police and paramedics but, none of the five accused murderer's trials have even begun.
On August 17, the Colorado Atty. Gen.'s office dropped some of the charges against two of the accused officers, Rosenblatt and Rodema. "Sentence enhancer" charges of "Crime of Violence" were withdrawn from the case because, they were deemed "repetitive and unnecessary" by the AG's office. The sentence enhancers provide for mandatory prison sentences and can increase incarceration time for those convicted. An AG representative said that dropping those charges "would not affect the amount of time the officers might spend in prison if convicted". All five are still charged with Manslaughter and Criminally Negligent Homicide. Rosenblatt and Rodema are now set to go to trial on September 18.
The trial of the two paramedics charged, Peter Cichuniec and Jeremy Cooper, was reportedly scheduled for August 7 but, is now set for Nov. 27 with a pre-trial conference on Nov. 2. At this time, the paramedics are still facing "sentences enhancer" charges of "Crime of Violence". Cooper administered the ketamine to McClain, according to the indictment.
In an August 4 "motions hearing", attorneys for the third officer and fifth accused murderer, Nathan Woodyard argued that Woodyard became distraught as the other two officers held McClain down. He will face trial alone in October.
Click here for 🧠 the full story of what happened to Elijah McClain.
JUSTICE FOR ELIJAH MCCLAIN TRIAL UPDATE:
FRIDAY– DAY 3
Elijah McClain's mother left the courtroom in tears on Friday after body cam footage of his final moments were shown. Aurora Colorado PD has a long history demonstrating a "pattern and practice" of victimizing and harming POC and people with invisible disabilities.
Elijah's "behavior" during the encounter was not that of a criminal in defiance but, a harmless person with invisible disabilities.
Lawyers for the officers accused of murder have attempted to shift blame to the paramedics had injected him with ketamine.
Justice for Elijah McClain – Testimony Resumed on Tuesday.
The murder trial for two of the officers charged in the death of Elijah McClain continued on Tuesday. Security footage from the Shell gas station where McClain purchased iced tea moments before being confronted by police, was shown in court. McClain is shown completing his transaction and bowing in respect to the customer in line behind him. The owner of the gas station was questioned by the defense about McClain wearing a mask and coat on the warm summer night. The defense attorney asked "... you are telling me that it wouldn't give you pause for concern?", to which the witness responded, "No, it all depends on the persons, demeanor." Elisha wore those garments for medical reasons.
The defense also argued that Maclean's "resistance" to officers, could have contributed to his death by making it harder for him to breathe. They have repeatedly attempted to shift blame to the paramedics that administered ketamine despite the body camera footage that documents officers requesting the drugging of Elijah. The 911 call that reported a "sketchy" individual wearing a mask was also played in the courtroom.
McClain was a 23-year-old autistic black man whose death generated public outcry across the world. The trial will continue today.
Click here 🧠 for more on what they did to Elijah McClain.
Justice for Elijah McClain – Trial Update for Wednesday Sept 27:
Yesterday, after a late start because of a late juror, former Aurora police Capt. Stephen Redfearn took the stand. He testified that he had changed the dispatch log from "suspicious person" to "assault on a police officer". This change was made with no investigation or corroborating evidence, such as viewing body camera footage or interviewing the responding officers.
Redfearn testified, "before this call was closed out, based upon the information that was provided to me by the sergeants, it went from a suspicious person to an assault based on the information. And so I changed it so would accurately reflect the information I had been provided". This is exactly how such misinformation becomes believed pseudo-fact, causing many to make judgments without confirmation or proof. "Procedures" like this are also a contributing factor in crimes committed by police, that are ultimately, swept away from the public eye. There are proven examples, supported by evidence in numerous cases, in which police lied to protect fellow officers or cover-up facts. The Eddie Irizarry case in Philadelphia is a prime example of this. The former Capt Redfearn, who altered the log, was the only witness to take the stand.
Wednesday's proceeding was filled with attorneys for both sides engaging in several heated "off the record" sidebar discussions. The defense took issue with late disclosures regarding certain witnesses. During the days proceedings, defense attorney Harvey Steinberg argued for a mistrial two separate times.
The trial resumed today, beginning with Attorney Steinberg asking for Roedema and Rosenblatt's trials to be severed. Once again, he requested a mistrial. The judge responded saying that, he has not seen all the evidence in the case, therefore, cannot decide on separating the trials of the two defendants. He also denied the defenses motion for a mistrial. The nurse who drew blood from Elijah McClain on August 24, Andrea Libhart, also gave her very short testimony this morning.
Justice for Elijah McClain – Trial Update for Wednesday Sept 27:
Yesterday, after a late start because of a late juror, former Aurora police Capt. Stephen Redfearn took the stand. He testified that he had changed the dispatch log from "suspicious person" to "assault on a police officer". This change was made with no investigation or corroborating evidence, such as viewing body camera footage or interviewing the responding officers.
Redfearn testified, "before this call was closed out, based upon the information that was provided to me by the sergeants, it went from a suspicious person to an assault based on the information. And so I changed it so would accurately reflect the information I had been provided". This is exactly how such misinformation becomes believed pseudo-fact, causing many to make judgments without confirmation or proof. "Procedures" like this are also a contributing factor in crimes committed by police, that are ultimately, swept away from the public eye. There are proven examples, supported by evidence in numerous cases, in which police lied to protect fellow officers or cover-up facts. The Eddie Irizarry case in Philadelphia is a prime example of this. The former Capt Redfearn, who altered the log, was the only witness to take the stand.
Wednesday's proceeding was filled with attorneys for both sides engaging in several heated "off the record" sidebar discussions. The defense took issue with late disclosures regarding certain witnesses. During the days proceedings, defense attorney Harvey Steinberg argued for a mistrial two separate times.
The trial resumed today, beginning with Attorney Steinberg asking for Roedema and Rosenblatt's trials to be severed. Once again, he requested a mistrial. The judge responded saying that, he has not seen all the evidence in the case, therefore, cannot decide on separating the trials of the two defendants. He also denied the defenses motion for a mistrial. The nurse who drew blood from Elijah McClain on August 24, Andrea Libhart, also gave her very short testimony this morning.
Justice for Elijah McClain – Trial Update for Thursday Sept 28:
⚠️ CW: Police Violence against People with Invisible Disabilities.
Several witnesses took the stand today including forensic toxicologist Michael Lamb from NMS labs in Pennsylvania. He testified that the only substances found in Maclean's blood were ketamine and cannabis. Lamb calculated that McClain had been given 7.7 milligrams per kilogram, whereas a typical anesthetic dose for sedation is 4-6 miligrams. The dose given to McClain was more likely to render a person unconscious and require assistance breathing. The Attorney for the defense focused on the Marijuana found in Maclean's system but, Lamb said he could not speak to how it may have affected his behavior, or if he had used it on the day of the incident. The defense attorneys fixation on cannabis, seemed to me as if he was clutching at "reefer madness" straws.
Also taking the stand today was Sgt. Kevin Smith, who oversees Aurora police trainings. Prosecutors dispelled the myth incorporated in their training that claimed "if someone can talk, then there able to breathe". Smith testified, "It's a pervasive phrase, but we're addressing it because an officer can be blind to certain signs if they truly believe it's true.… A person could be able to talk but still have an issue with respirations." Smith also said that in the case of respiratory distress, officers should call for medical assistance and provide aid themselves.
The Sgt. was also asked about training in regard to use of the carotid hold that was applied to McClain more than once on the night of his death. This tactic restricts blood flow to the brain rendering the person unconscious. Smith testified there are protocols about using the carotid hold, including not to use it repeatedly. He stated, "Once they come back to consciousness, we want to kind of start a little timer and say, hey, if they're not coherent, if they're not answering questions, if they're not appearing normal in that 30 seconds, then it's a medical emergency... We need to update rescue and provide first aid if we need to."
In my personal review of the three hours of body cam footage from multiple officers on scene, they seemed more concerned with weaving a tail of resistance by Elijah McClain for the body cam audio and other responders. The carotid hold was used twice on Elijah McClain who was not provided any medical attention by police. He never regained consciousness after it was employed. The trial resumes on Friday.
Click here 🧠 for the full account of what was done to Elijah.