In a move similar to the Michigan liberation actions, Gold has filed, and won, a case on behalf of a thirty-something woman with multiple sclerosis. Only a couple of weeks from being discharged from a local rehab hospital, Magee Rehabilitation Hospital to be specific, Sandra applied for attendant services from the state. Surprise, Surprise there is a waiting list for these services, and Sandra is told she won't be able to receive them until about January of next year. (We know of course that, if she has indeed even been told the truth, this is a minor league waiting list, as attendant services waiting lists go.)
The state Department of Public Welfare told her, helpfully, that she could go into a nursing home (which they also fund) in the meantime. Eligibility for both programs is basically the same; it was simply a question of dollars. By the way, this is the same waiting list those kamikazes in Harrisburg are camping out over.
Well Sandra and Steve had another angle on the situation. Their argument to the court was that the state has the money for long term care, it just happens to be in the nursing home line item in their budget, not the attendant services one.
Steve and Sandra said this may have been OK at some point (doubtful but possible) but now that we have the ADA, which has an integration mandate "a public entity shall administer services, programs and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities" it's no longer OK.
Well to make a long story short, they won! And Steve has a model of the lawsuit if you want to try this in your own backyard -- so to speak. Just give him a buzz at: 215/627- 7100 or drop him a note at: 125 South 9th ST. #700, Philadelphia, PA 19107
Wouldn't it be great if you could tell your landlord or the telephone company, "yeah I have that forty bucks I owe you, but unfortunately its already budgeted for my personal recreation fund, or a special present for my sweet-heart. Tell you what, I'm putting you on my waiting list, and in about two years you can expect to see some of it. That is unless something unforeseen happens with my income, but let's not worry about that now. Catch ya later!"