CASH MICHAELS
NOW WE, THE DISABLED, ARE AT RISK
by Cash Michaels
How would you like it if every time you opened your eyes, the Trump Administration is doing something new, something sinister to destroy a part of your world as you know it?
On June 18th, Trump’s Justice Dept’s Office of Legal Counsel issued a slip (or preliminary and binding) opinion that, in the words of the American Association of People with Disabilities (AAPD), urged the White House “…to turn back the clock by 30 years on disability integration and civil rights. The DOJ just gave the White House and other federal entities a green light to take disabled people back to a time when the state could, at any time, strip us of our homes, families, autonomy, and our lives.”
To be clear, there is a landmark 1999 U.S. Supreme Court decision titled Olmstead v. L.C. that the advocacy group Disability Rights NC, among others, said, “…affirmed that the unjustified segregation of people with disabilities constitutes discrimination under Title II of the Americans with Disabilities Act (ADA). The Olmstead decision reinforced the right of people with disabilities to live, work, and fully participate in their communities rather than be unnecessarily confined to institutions. More than two decades later, it remains one of the most significant disability rights rulings in our nation’s history."
Of course when I read all of this, I immediately asked myself, “What are we doing here in North Carolina to protect and empower our disabled citizens?" A good friend told me about the critical and comprehensive programs we have here through our NC Dept. of Health and Human Services (NCDHHS) that help the disabled lead decent, meaningful and productive lives in their communities. Just go to the NCDHHS website to learn more.
Given all of the serious damage the Trump Administration has already done to our country, there can be no ignoring this issue, especially if you’re legally a disabled American.
Well guess what? I’m a legally disabled American, and have been for many years.
I’m not proud of it, because whatever my condition, I freely admit that I did it to myself, and have to live with it for the rest of my life. It’s so true what they say about everything you did when you were young will certainly come back to haunt you as you get older.
I, in fact, do live with the result of my past actions, because I, quite frankly, have no other choice.
Despite the fact that I, at the age of 70, am a diabetic (which has affected my eyesight and overall health), has given me neuropathy in both feet and hands, and resulted in a double amputation of my large toe on my right foot, and my two smaller toes on my left foot, leaving me unable to walk properly without a cane or a rolator; arthritis in both hands, resulting in my being unable to close my hands properly; congestive heart failure; high blood pressure; a stroke in my left leg that has made it hard to move at times; a clinical case of obesity (I’ve always been a fat kid); and Stage Four prostate cancer since March 2021, I, like millions of other disabled American citizens, have found a way to survive and make a way for myself in this society.
I do for myself, and count only on the endearing love and support of Almighty GOD (who has forever been by my side), my loving wife, and two faithful, loving daughters (who don’t even live with me) to navigate the hard challenges once in a while, but essentially I drive myself to some doctors’ appointments or to shop for food when needed. I stay away from situations that are likely to result in my being hurt or worse, but essentially insist on my independence, staying intellectually engaged with the world around me. Plus I live in my own house with my wife. So I am not homeless like so many other disabled citizens.
All of the above has given me an indescribable sense of freedom that has helped me redefine being disabled, and carve out a productive life and retirement for myself. I can’t help but to think that any older disabled American, particularly one who is physically disabled, wants and needs the same thing.
We are absolutely not interested in being institutionalized or being part of some Trump privatization scheme!
But according to Trump’s DOJ, disabled Americans are not deserving of being free in their own communities, not deserving of Christian compassion, and apparently the DOJ is making the first moves to change all of that.
"Although this [slip] opinion does not overturn Olmstead v. L.C., repeal the Americans with Disabilities Act, or invalidate decades of federal court precedent, it sends a deeply troubling message about the Administration’s intentions,” writes Disability Rights NC. “The opinion is inconsistent with longstanding interpretations of federal disability rights law embraced by courts and administrations of both parties. By questioning the legal foundations of the Integration Mandate, it threatens the protections that help people avoid unnecessary institutionalization, remain connected to their families, secure stable housing, access education and employment, and participate fully in civic life. At a time when community-based supports are already under strain, this effort risks reversing decades of bipartisan progress and weakening one of the most successful civil rights movements in our nation’s history.”
You shouldn’t have to strain your memory too much to remember the extraordinary attitude of the Trump Administration and like-minded conservatives during the COVID-19 pandemic towards the afflicted and disabled throughout his pathetic first term.
- Trump was willing to allow millions of Americans to catch the COVID-19 virus and struggle to survive it via so-called “herd immunity,” meaning that some would survive if they were strong enough to build a natural immunity to the disease while others (mostly the elderly or already afflicted) would succumb to it and die.
-Texas Lieutenant Governor Dan Patrick actually wanted “high-risk” elderly patients to "sacrifice" their lives during the pandemic to "save younger people and the economy."
- Republican officials told Americans that they had the right to go to crowded bars, not wear protective masks, or do whatever they wanted to do to go against medically sound public health directives to stop the spread of COVID-19, because they believed doing so took away "control" by the government over people’s lives.
In each case, Trump and his minions were willing to put the rest of the nation at total risk to prove something that was never true - that the COVID-19 virus was no more dangerous than the common cold - and the ultimate result of that coldblooded attitude was 1.1 million American deaths, many of which did not have to happen.
Appointing a certified clown like Robert Kennedy Jr. now to lead the U.S. Dept. of Health and Human Services confirms that Trump still cares little about the nation’s health policy today, let alone its disabled and afflicted, so while the Justice Dept.’s legal opinion is shocking in its scope, it’s not surprising.
On Wednesday, the Associated Press published a report on how this craziness from Trump’s DOJ will impact disabled children, and has “…created a deep sense of uncertainty for students with disabilities.”
“Lindsey Althaus says home and community-based services in northwest Ohio have been instrumental to her family. Her 12-year-old son, Whitman, has autism and a neurological disorder called apraxia, in which the brain struggles to tell muscles how to move to form words or perform other motor skills. For some of his school career, with proper support services, Whitman was able to spend much of his school day in a classroom that included kids without disabilities.”
“Through a Medicaid waiver program, Althaus pays her mother to care for Whitman in her absence. That allows him to spend time out in the community with his grandmother while Althaus and her husband are working or away with their daughter.”
“Under the Justice Department’s new interpretation of Olmsted, states would have fewer obligations to fund and support those programs. Kennedy, in testimony to lawmakers on Capitol Hill earlier this year, criticized similar programs as subject to fraud.”
The only protections we can truly stand on now are the laws protecting disabled rights in individual states like North Carolina across the country, and we need to hear from leaders in our states about standing firm on those laws to protect us from the whims of the Trump juggernaut.
For instance, disability activists in NewYork, have stepped up and demanded to hear from their Gov. Kathy Hochul about protecting the disabled from being institutionalized by Trump’s federal government. That’s how serious this is.
What? Do I trust our Republican-led NC legislature not to find a way to help the Trump Administration pull off this unthinkable crime against its own disabled citizens? You see how willing they are to cooperate with ICE, and killing DEI, so corralling the sick, the invalid and the homeless and throwing them into giant warehouses where they could just rot and die would be a piece of cake for them, in my opinion. That's what ICE has been doing with undocumented immigrants.
Yes, I believe it could go that far, especially when you read various reports, like this frightening piece from Bloomberg Law which reported last week, “White House adviser Stephen Miller was the driving force behind the Justice Department’s recent memo authorizing states to institutionalize people with disabilities rather than fund community-based care, said people briefed on the situation.
Miller, the president’s powerful deputy chief of staff, was frustrated that the department’s Civil Rights Division was still reaching settlements compelling states to transfer those experiencing mental illness out of institutions, added the individuals, who spoke anonymously out of fear of retaliation.
The June 18 DOJ Office of Legal Counsel opinion concluded states may disregard decades of Supreme Court precedent and ensuing regulations mandating integration of individuals with disabilities into home or community settings.
Let’s be straight here. Stephen Miller is well-known for his cold-blooded racism and hatred of all things called “liberal.” The man is a stone Nazi who helped to nurture the devastating Project 2025 playbook into existence, shaped Trump Administration policy on undocumented immigrants, and is as unabashedly white supremacist as the day is long.
With senile Trump at the helm, a Republican-led Congress that has no backbone, and a Justice Dept. willing to do whatever the White House tells it to (and indeed has done such in this case by establishing a legal predicate for undermining the disabled), Miller has all of his ducks in a row, not to mention a US military force eager and hungry for bear to go into US cities and start rounding people up on American soil (whew, thank GOD Trump's Supreme Court barely ruled in favor of birthright citizenship Tuesday just in time for our nation's 250th, or we would really see Miller's fiendishness at work - though Congress could still cause problems).
Someone who knew what I was going to write here asked me whether I really believed that the Trump Administration was planning to do something this wrong and this bad. I had to ask them to try hard to think of anything Trump has ever done for people who were not millionaires and billionaires that was right and good!
It’s a damnable thing to realize.
I know all of this comes off like a second-rate Netflix movie, but unfortunately, it’s all too real to ignore. That’s why, once again, I urge you to prepare yourself to vote this November to help save this country, and yourselves. We have people at the wheel now who believe they can do anything they want to whomever they please, and can get away with it because they believe that they are the law.
NO! The true rule of law here isn’t one man or group of men. The true rule of law here are the millions of citizens who believe in freedom and equality, and being one nation, under GOD, with liberty and justice, for all!
Especially the disabled!
WE MUST VOTE IN NOVEMBER!!! If we fail to stop this evil, we will ALL truly suffer!
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