Peter Ivy, Chaska PD and thier pussy riot

Last month, after reading about it on a friend's social media page, I decided to watch the documentary Pussy Riot: A Punk Prayer.

 It outlines the story of three women from the Russian punk group, Pussy Riot. In 2012, the women were sentenced to two years in prison labor camps for wearing colorful masks and crashing a Russian Orthodox service at a Cathedral in Moscow. Their actions strongly resounded with  anti-Putin rhetoric , going so far as to ask the Virgin Mary to drive him out and criticizing the unholy alliance that is the union between the Orthodox Church and Putin's regime.  Naturally, the actions of the dames shocked the faithful in attendance and enraged government officials.

The judge handed down a "lenient" sentence of two years in a prison labor camp for what, in the U.S, we would characterize as Constitutionally-protected free speech and expression, although here in the not overly intellectual, ultra-conservative bible thumping  Carver County,  the disruption of a church service could be construed as misdemeanor disorderly conduct, but most would dismiss the intrusion as overzealous youthful rebellion and the First Amendment would have protected the content of the performance.

Many are  familiar with the squabble between myself, Carver County and the City of Chaska over the way people with disabilties are treated at the municipal and County levels. Its been reported on in both local paper and statewide papers, widely publicized by myself on both my blog and social media activity. The striking thing about this debacle is not even Judge Eric Braaten and Chief Deputy County Attorney Peter Ivy threatening to jail me for writing satire or the legal challenge pending in Federal Court regarding the City of Chaska's  government sponsored censorship of critics; rather, it is the demonstration of why abstract principles like free speech and the rule of law are critically important in our lived reality. 

The first ammendment dispute has shined a spotlight onto the inner workings of the Chaska Police Department, a fairly non transparent department of local government concerned mostly with public safety. I am sure it is at times Its an important and sometimes thankless job. However, it has become painfully obvious,  that City, County and Department leadership are quite upset at the fact that I have had the audacity to not only  competently challenge thier actions but also that I've  done so in my typical style of intellectual, biting satire. This included such gems as the Grandma got run over by a reinder spoof  "Christmas Carols with seargant Douche-zan" as well as my regular blog and social media posts.

At a recent hearing in Carver County district court, the County Attorney's office went so far as to call my comments " innaccurate" and proceeded to ask Judge Braaten to issue an order that would constitute prior restraint and threaten to have me arrested should I dare to hurt Chaska PD's feelings.

As Justice Anthony Kennedy stated in the Supreme Courts opinion in United States V Alvarez.

"The remedy for speech that is false is speech that is true. This is the ordinary course in a free society. The response to the unreasoned is the rational; to the uninformed, the enlightened; to the straight-out lie, the simple truth."

Carver County and the City of Chaska have had over a year to issue a rebuttal to any allegations I have made and they failed to do so. Instead they attempted to utilize an unrelated   court hearing with limited public attendence. The fact of the matter is they wont engage in public discourse because they can't prove anything I have said to be false. So they resort to backroom bully tactics to shut down dissidence.

While were on the topic of false allegations, the Chaska Police Department has also falsly accused me of violating thier social media policy but if you review thier social media policy, it clearly states that Chaska PD can remove comments if they fall under certain criteria, which are ambiguous enough to raise constituitional questions in and of themselves but of even greater intrigue is the fact that thier policy states that they can only block people who aren't using thier real name but I am using my legal name so the issue isnt that that I am violating thier social media policy the issue is that they arent following thier own policies and that I am using my artistic talents to effectively raise awareness about a government bureaucracy that is arguably overstepping its power. I  have merely cited relevant portions of law, applied public pressure, and in some circumstances state oversight to ensure my constituional rights are respected.

 I have a right to Free speech. I have a right to due process and to seek meaningful redress in the United States District Court, should I lose in District Court I have the right to appeal to the 8th circuit court of appeals and the United States Supreme Court. Should I ultimately lose, I can seek to change the laws and regulations with which I disagree. 

If only officials at the City of Chaska and at Carver County were so effectively mindful of their duties and the limits on their power. In the end, the City of Chaska and the County must respect my Constitutional rights by allowing me a full and fair opportunity to be heard, which thus far I have been denied. The County and the City can not retaliate against me. It can not seek criminal action or civil penalties because they are being satirized. To do so is blatantly unconstituitional

Much to the annoyance of Peter Ivy and the Chaska Police Department this is not Putin's Russia, and it must grin and bear its own Pussy Riot, because the rule of law remains, and they have been put on notice

Making Transportation work for everybody

The Importance of a quality transportation system can not be overstated.Our highway system, railroads and airports are essential to economic growth and development and also to the simplistic purpose of moving people from place to place. As the general election approaches, it is important that we foster an effictive dialogue with our public officials regarding the under represented issue of transportation and those being left behind by the current system, particularly those with disabilities.

While, over a third of the country simply hails a car through a transportation network company (TNC) such as Uber with the push of a button to travel quickly and at minimal cost, many members of the disability community are stuck the position of having to schedule rides days or even weeks in advance with little to no assurance of punctuality and a high cost if they require paratransit services.
While we need to continue to move forward by finding innovative solutions that address transportation disaprities, we shouldn't settle for solutions that are leaving people behind.. As it stands the vehicles of transportation network company nd accommodating vehicles are not available and Paratransit is expensive and hard to plan for. Partnerships with TNCs are probably not ideal long term answer but the technology and existing systems can be used in development of more sustainable answers .

State and Localities basically have two viable options in providing ride share services to individuals with disabilities that meet accessibility regulations and are available via smart phone.
The First choice is simply to develop regulations that mandate a certain percentage of a TNCs vehicle fleet meet federal accessibility standards
The second is for the state to leverage technologies similar to those used by Uber and Lyft to to provide a comparable option
While TNCs and taxi companies differ in business structure, they both provide the same type of on-demand service from point A-to-point B
Many taxi companies have even rolled out GPS tracking to keep up with competition from companies like Lyft. Thier Vehicles are also much more likely to be accessible.
This kind of competition also provides an opportunity for state and local government agencies to benefit off of the technology developed and deployed by TNCs to provide service to people with disabilities .
It is the 21st Century and now is the optimal time for public agencies to implement a smartphone app tracking and payment system coupled with on-demand service. The technology is already developed, and it is abundantly evident that there is a need for the service.
Agencies could roll out the service in pieces, beginning with the ability to track your ride online, which would eliminate the long wait times associated with paratransit services
Naturally developing and providing this type of service will come at a cost.
Most TNCs subsidize thier trips to keep rides cheap enough to balance the need to maintain a solid customer base , while paying drivers enough to maintain a large fleet. These subsidies come straight out of the pockets of private companies.
Each ride on public transit agency paratransit is subsidized by tax dollars, adding cost to the population as a whole.
Even with the public subsidies, paratransit rides cost more than the typical bus fare.
Public agencies would be able to fill more vehicles to higher capacity with carpooling models. By utilizing the existing fleet more efficiently they can provide faster service, thus improving service quality.
Extra seats in vehicles could also be used to pick up carpool customers who do not require accessible vehicles, but who are traveling along similar routes.
We live in an era of innovation where we have the potential to change systems and find real solutions to transportation disparotes but before we move forward, we need to stop and contemplate how we are going to use modern day technology to improve access to transportation options
TNCs are a very plausible option with real-time information and mobile ride hailing and payment options, and that there is a demand for them. But effective policy is inclusive of everyone and its time to include the disability community be given a seat at the table in the development of such policies

Adding Insult to Injury

"Mr. McCourt is all over social media in photos with state officials so he clearly he can't be all that Autistic"...

This was the type of logic being used in comments made by Chief Deputy Carver County Attorney Peter Ivy this morning as I sat in a sentencing hearing this morning for a charge of "assaulting" a cop over the altercation I had with Chaska Police Department last October while I was having an Autistic meltdown. One of the officers got a "reddened knee" from tackling me over help I didn't want or ask for in the first place.

During the hearing Chaska Police Department, discussed the fact that I am damaging their reputation by questioning them and criticizing their protocol via social media and I am basically unrepentant. 

One of the reasons people find Chaska PD's actions questionable is the more they tried to make the case that they understood Autism, the more they looked like they didn't. For Example, if you watch the video footage of the altercation. I am engaging in repetitive hand motion called "stimming. " It is basically universal sign of an individual with Autism who is overstimulated. I am stimming through the entire incident. 

Thus despite the fact they never bothered to test BAC and 2 chemical dependency assessments to the contrary, the Carver county Attorney's office continued to perpetuate their version that I was intoxicated and belligerent and that I am " not really all that Autistic"...

And thus I sat there more out of a desire to tolerate the kangaroo court so I could commence with the various civil actions I intended to bring and less out of any genuine feelings of remorse or guilt.

But this was not the first time I had to deal with discrimination on the basis that I am what's often called "high functioning" and its certainly not the first time  people have said "you dont really look all that autistic,” so what do people with Autism like? 

To begin with I am autistic: My official diagnosis is Asperger’s, or what is now Autism Spectrum Disorder (ASD). 

ASD is a piece of who I am. I think differently,  feel differently, respond differently. 

I have a distinct need for routine.  If you look at my calendar on my phone. I schedule everything to the minute and I get very frazzled if it changes, particularly if it is a last minute change . As a kid if my parents took a different way home in the car, I would melt down or get very anxious because it was "out of the ordinary"

I am hyper -sensitive.  Certain sensations really bother me but I am weird about pressure. As a kid I calmed down with bear hugs and my parents got memberships to water massage parlors.

I also struggled with motor skills.If I jumped I couldn't land on my feet.  I couldn't ride a bike until I was a teenager because my muscles and coordination didn't always work all that great.  

Years of social skills training have made me capable of holding conversations but I have always retained the stereotypical bluntness of those with an Autism diagnosis

I also perseverate. Even as an Adult, My mom and dad have had to come to my house periodically because I obsess over things to the point where I legitimately just shut down and can't function  Basically I get into a rut and couldn't get out of it. They have to help me change my thinking patterns to get out of it. 

Other common traits of Autism include a lack of eye contact,  and defaulting to literal interpretation. Autism exhibits itself differently in everybody and the common traits are not always immediately evident. 

But the question "Is he actually autistic, ” has always been problematic for me. People ask it as  if I look  too “normal,” too not-autistic to actually be autistic and that I have to  prove, with my physical appearance, that I  am what I say I am.  

I’ve always had a desire to connect with  other people but  I’ve always known I was different because my parents told me I had Autism at a very early age. I was about 7 or 8 I think but knowing I was different made me angry. I wanted to be normal, I didn't really like being told I had to do something differently than other people. 

By the time I entered high school, I had created a new "Noah McCourt" at home I was a social butterfly at School I rarely spoke a word to anybody. People remember me as being silent. I didn't really get my peers so rather than attempting to build relationships and face rejection, I basically avoided having any so people would never realize any abnormalities

The perspective I have on the world us uniquely my own and in many ways are  informed  by the fact I have Autism , whether it "looks like I am Autistic "or not. 

Ultimately, there was a point in my life that I would have been probably been thrilled with the Carver County Attorneys 's comments this morning as he was essentially commenting on my ability to mirror the social norms of others and mask the fact I have Autism  but I came to realize several years ago that all the attempts to make myself "more acceptable" "more likable" "more normal" to others left me in a really  dark place.

I think in many ways those of who are considered to have high functioning Autism have it just as difficult than those who exhibit signs of classical autism as my mom pointed out the other day:

"As a kid people saw the disability they didn't see the intellect behind the disability,  now people see the intellect and they don't see the disability and the significant challenges that still exist behind the intellect."

Or As one advocate put it "So called Mild Autism doesn't mean one experiences Autism mildly, it means you experience their Autism mildly. You may never know how hard they have worked to get where they are "

St. Augustine in his book "Confessions" wrote "Do I measure and know not what I measure." While he was speaking in the context of early philosophical thought, the comment brings perspective to the way we as a society approach the development of outcomes in health policy, including the significant and yet underecognized health disaprities that exist for Americans living with disabilities. 
 

The World Health Orginization recently conducted a study and found that people with cognitive disabilities are 5 times more likely to have diabetes than the general population and also that they are recieving less adequate management care.
 

They are also less likely to receive routine dental care, which raises serious concerns not only due to the impact on oral health, but also in regards to the role teeth and gums play a role in preventing cardiovascular problems
 

A recent study conducted by the National Institute on Health revealed that Americans living with mental illness die 15-30 years earlier those without mental illness 

Many will look at the above statement and assume that people with mental health problems die to causes such as suicide and overdoses but the data shows that they're  more likely to of the same conditions as anyone else such as cancer or heart disease.
 

Individuals living with Developmental Disabilities such as Autism or Down Syndrome also face a variety of different challenges such as transportation and staffing limitations.  Access to medical care services was raised as a concern for individuals with developmental disabilities in the 2002 Surgeon General’s report.
 

Even at the State level, if one examines the reports and studies conducted by the Minnesota Department of Health, ranging from last year's Strategic plan to the 2013 report on oral healthcare to the 2012 report on chronic disease, they will find as I have that individuals with disabilities are largely absent as a data group if they're even mentioned at all.
 

After a decade of fragmenting and turning Healthcare into an overly partisan  buisness,  it is probably not suprising that our current system is failing to provide quality care for those who need it most. 
 

 I would strongly encourage our incoming Gubenatorial Administration, state legislature and agency leaders to take meaningful action to address the disparities in access to healthcare facing the disability community. I would suggest starting with adding the phrase disability to the appropriate stas and developing outcomes for improvement over the next 5-10 years.

It's a small task but its certainly a step in the right direction.

Les incompétents

I thought it worth noting that Carver County is continuing to willfully and deliberately violate the Minnesota Government Data Practices Act. 

I submitted a request on March 14 2018 for :

 

" Any and all correspondence, documents, letters, electronic messages, memoranda, social media communications, telephone messages and any other forms of data which include the name Noah McCourt. "

Although the results of data request to the City of Chaska revealed that Mr. Hemze read the request and forwarded it to the County Attorney shortly thereafter and despite Chief deputy Poison Petey  patting himself on the back over the fact that he "routinely offers opinions on the MGDPA" they failed to respond accordingly.

 

State Statute 13.04 clearly states that:

"The responsible authority or designee shall comply immediately, if possible, with any request made pursuant to this subdivision, or within ten days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible....."

 

Carver county failed to acknowledge that they had received the data request for over a month following it's submission.

This provision of statute isn't shrouded in ambiguity. It's pretty black and white that the County had 10 days to respond to me and failed to do so and if that isn't bad enough there are numerous other violations of the Minnesota Data Practices Act ( Minn. Stat. chapter 13)

A. CARVER COUNTY FAILED TO COMPLY WITH 10 DAY REQUIREMENT FOR DATA SUBJECTS IN MINN. STAT 13.04

Minnesota Statute 13.04 states that when an individual requesting data is the subject of the data ..

"The responsible authority or designee shall comply immediately, if possible, with any request made pursuant to this subdivision, or within ten days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible....."

Carver County's response came over a month following the initial request.

The Commissioner of Administration opined in Data Practices Advisory opinion 18--005 that:

"notwithstanding the attorney conduct concerns, the County’s obligation under the Data Practices Act to comply immediately or in ten business day with a data subject’s request was clear. "

The Commissioner has also previously opined that the existence of litigation between a data requester and an entity does not relieve the entity of its data practices responsibilities. See Advisory Opinions 96-038 and 97-005.)

As the Commissioner noted in Advisory Opinion 03-030:

"The Commissioner acknowledges that circumstances can arise that make it more difficult for government entities to fulfill their duties under Chapter 13. Nevertheless, the District was obligated, per section 13.04, subdivision 3, to provide X with access to the data requested within ten working days. The statute does not provide additional time for mitigating circumstances."

Despite the existence of these clearly established procedures, the county ignore them and failed to provide data requested by a data subject as stated in Minn. Stat. 13.04

B. CARVER COUNTY FAILED TO COMPLY WITH APPROPRIATENESS AND TIMELINESS REQUIREMENTS IN MINN STAT 13.03 SUBDIV 2(a)

The Minnesota Government Data Practice Act requires that responsible authorities:

"establish procedures....to ensure that requests for government data are received and complied with in an appropriate and prompt manner" Minn Stat. 13.03 subdiv 2 (a). Furthermore the responsible authority "shall establish procedures to provide for response to a request for access within a reasonable time" Minn R. 1205.0300 subp.3 as such government entities are obligated to know what type of data they have, how to access it and how it is classified BEFORE a request is submitted pursuant to the MGDPA (Minn Stat chapter 13)

Carver County's response was neither appropriate nor prompt. As an initial matter, their first substantive response came over a month after the initial request was submitted.

The County then cited that the request was burdensome and cited Minnesota Attorney Rule of ethics, while refusing to provide me with any updates on what steps they were taking to provide the data he requested. Even once they began complying with the MGDPA, they failed to fully respond

The commissioner of Administration has opined that while the statutory language of "appropriate and timely manner" is not defined as a distinct amount of time.

For the first month I received no response and thus I had no indication as to how much data my request would result in. However an appropriate and timely response is required even for broad and vague requests.

The commissioner of administration has opined in opinion 97-055 regarding a requester seeking data on 209 government employees

" given the extent of the request it would be appropriate to communicate that it would take some time to compile the data and to give an approximation of when the requestor will be able to have access. Instead [the entity]...has not responded for 4 weeks and not provided the requestor with access in more than 7 weeks after the receipt of the request. The commissioner is of the opinion that this is neither prompt nor reasonable "

I expressed a desire to inspect the data in a timely manner, a concept affirmed by the state Legislature in their passage of the MGDPA and repeatedly addressed in the opinions of the commissioner

Carver County has established a pattern of delayed compliance and communication, the ignoring of communication, a refusal to disclose its activities in regards to the request and a failure to provide statutory citations justifying redactions.

C. CARVER COUNTY HAS FAILED TO KEEP RECORDS CONTAINING GOVERNMENT DATA IN SUCH AN ARRANGEMENT AND CONDITION TO MAKE THEM EASILY ACCESSIBLE FOR CONVENIENT USE AS REQUIRED BY MINN STAT. 13.03 subdiv 1

The MGDPA provides that responsible authorities must "keep records containing public data in such an arrangement and condition to make them easily accessible for convenient use" Minn Stat 13.03 subdiv 1

 The County's indication that what should be a standard email search using standard text keyword criterion would take the installation of entire new programs and ultimately manually printing 3000 documents indicates that the County isn't in compliance with this aspect of the law.

In advisory opinion 94-032, the commissioner of Administration opined that the "easily accessible for convenient use" statutory language "

"places an affirmative duty on government agencies to design data storage, data retrieval, records storage and filings systems in such a way that will assist not hinder the public in accessing government data. "

The commissioner also noted that this language has been "part of a legislatively enacted policy in this state since 1941" he continued on to say that

" virtually every modern record keeping or information management system both manual and electronic that has come into existence in this state in the past 50 years has been subject to the requirement that they be designed and implemented to contain data within them that will be "easily accessible for convenient use" by the public "

A data request to the City of Chaska revealed correspondence between Chief deputy Carver County Attorney Peter Ivy from the City of Chaska in which Attorney Ivy stated that the County was installing new software to better respond to data requests

In advisory opinion 00-067, the commissioner opined that a state agency was not in compliance with the MGDPA when technical limitations impeded compliance.

"The data requestor having to wait months for a new server to be ordered, delivered and installed so that a back up tape can be reviewed is not keeping records in a way that makes them easily accessible for convenient use. Agencies need to proactively prepare their computer systems so that they are able to respond to data requested including review of back up tapes. Waiting for a data request and then determining that data isn't responsive to statutory authority " the Commissioner went on "It would be appropriate at this point that the tape be sent to a vendor for review, the data requestor should not have to wait any longer.[The Government entity]....should have acted more promptly in reviewing the back up tapes thereby meeting the requirement to produce public data "as soon as reasonably possible"

In advisory opinion 03-025, another Minnesota county presented the argument that "Due to limitations of the present computer equipment [complying with a data request]...is a time consuming and laborious process which typically results in computer crashes or printer jams. "

 

The Commissioner opined that the entity was not in compliance with the MGDPA because the data was not easily accessible for convenient use, as required by statute. Like Respondents, this agency then claimed the burden of the data request was interfering with County business. The Commissioner countered that claim by stating that “providing the public with appropriate access to public government data . . . is County business” (emphasis added).

C. CARVER COUNTY HAS STILL NOT RESPONDED TO MCCOURTS REQUEST FOR DATA IN VIOLATION OF MINN STAT 13.03 subdiv 3

Minn. Stat. 13.03, subd. 3 establishes that :

“Upon request to a responsible authority or designer a person shall be permitted to inspect and copy public government data at reasonable times and places and upon request shall be informed of the data's meaning."

The foregoing facts establish that the County has failed to comply with my request for access to data thus violating MINN STAT 13.03 subdiv 3

D. CARVER COUNTY FAILED TO PROVIDE WRITTEN CERTIFICATION AND STATUTORY CITATIONS FOR ITS REDACTIONS VIOlATES MINN STAT. 13.03 subdiv 3

After asking numerous times including in the original request submitted March 14 2018, Carver County did not provide written certification or statutory citation for its redactions, and did not disclose if any other data was withheld

Over 24 weeks after the original data request , the county still has not provided any statutory citations to justify any of their redactions or fulfilled the data request.

E. CARVER COUNTY'S ENTIRE PROCESS FOR RESPONDING TO DATA REQUESTS FAILS TO MEET STATUTORY REQUIREMENT

The Minnesota Supreme Court decided in Webster V Hennepin County that Hennepin County and Sheriff Rich Stanek violated the MN data practices act simply due to the facts that their process for handling data requests was ineffective. The court citing as justification for its ruling that there was

”substantial evidence of the County's missteps in responding to Webster's request lead inexorably to the conclusion that the existing procedures were insufficient to meet the statutory requirements

F. CARVER COUNTY's ACCESS POLICY VIOLATES MINN STAT 13.025

State statute 13.025 outlines the duties of the responsible authority. Chief Deputy Peter Ivy failed to perform his duties as the County's responsible authority which resulted in numerous violations of the MGDPA.

The commissioner of administration opined in Advisory opinion 18--005 that:

"The County’s current access policy for data subjects identifies the Chief Deputy County Attorney as the Responsible Authority for offices not otherwise designated by statute. Thus, given the Chief Deputy’s prosecutorial responsibilities, it seems likely that situations similar to this one will arise in the future. The Commissioner encourages the County to revisit its access policies and procedures so that any issues related to representation or apparent conflicts of interest do not interfere with the statutory time limits for responding to requests. "

 

 

In short, Poison Petey's sanctimonious ramblings and specious arguments are laughable and are indicative of the larger problem of incompetence and bumbling buffoonery that is becoming more and more of an expectation of the Carver county Attorney's office. I particularly enjoy his self aggrandizing claim that he routinely offers opinions on the Minnesota Government Data Practices Act. I don't know what law school he went to and I don't really care but if I were him I'd stop looking at my own reflection for a sec, put down the mirror and call them up and ask  for a refund.

MONEY MOOCHING MAYOR, COUNCILLORS VIOLATING MGDPA

I am Absolutely SHOCKED (Not!)... to write today regarding the City of Chaska being in violation of State law. The  Minnesota Government Data Practice Act governs the public's access to government data and also provides guidance as to what costs may be recovered in allowing the public to access such data. If you look at the City's  official data request forms, they identify the cost on the bottom corner of the page which is followed by a backslash "plus tax." This backslash plus tax" is a violation of the Minnesota Government Data Practices Act. The violation is blatantly obvious. Why do I think this? because unlike some other voluntarily voiceless Council members, I usually bother to conduct a smidgeon of research:

 

Before I even go to other legal aspects of the MGDPA, I think it's worth noting that the Minnesota Department of Administration has an entire page on their website as to what can and what can't be considered to be part of an actual cost of providing a Data Request to a member of the public.

 

Also, Minnesota Statute Chapter 13.03 subdiv 3 states:

"(c) The responsible authority or designee shall provide copies of public data upon request. If a person requests copies or electronic transmittal of the data to the person, the responsible authority may require the requesting person to pay the actual costs of searching for and retrieving government data, including the cost of employee time, and for making, certifying, and electronically transmitting the copies of the data or the data, but may not charge for separating public from not public data. However, if 100 or fewer pages of black and white, letter or legal size paper copies are requested, actual costs shall not be used, and instead, the responsible authority may charge no more than 25 cents for each page copied."

All documents I requested amounted to less than 100 pages. Thus the City is not legally able to ask for actual costs.

Even in the event the City of Chaska were able to consider actual costs in fulfilling my requests, the Commissioner of Administration has previously opined in advisory opinion 94-059 that the City isn't allowed to consider sales tax in considering the actual costs of responding to data requests citing that:

" the issue was previously raised with the Minnesota Department of Revenue, which requires collection of sales tax by entities which are in the business of selling copies. The Department specifically exempted entities which are subject to the MGDPA from including sales tax in their charges for copies of government data"

  ..........in order to allow for thier compliance with the MGDPA.

 

Compliance with the MGDPA really isn't all that difficult but making that possible, though, requires a majority of council members who think beyond  Estopinal suggestions and consider such basic, informational due diligence a part of their job. Unfortunately, such information such as this -easily gleaned from about 10 minutes of individual research - probably represents more than the Chaska council councilors including have collectively put forth over several months. 

 Despite the obviousness of this violation, I am a bit busy dealing with the lovely folks at Carver County at the moment. This violation is fairly minor in compared to the vast levels of incompetency coming out of the Carver County Attorney's office who as Peter Ivy stated

 

"frequently offer opinions on the MGDPA."

 

(I feel sorry for whoever is asking for the opinion because you mine as well have had one written by fifi the cat)

 

If I were the City,  I would merely comply and not give me the pleasure.

 

 

The story of the disability community and the united states prison industrial complex begins with disturbing trend of numbers. Recent reports from the US Census Bureau estimate that as many as 1/5 of US prisoners are disabled in some form but the prevalence is actually much higher.
While few reliable sources of Data exist nationwide as to the mass incarceration of people with disabilties, there is enough data to draw educated inferences as to the extent of the issue.
Studies suggest that 30 percent of inmates have some form of hearing impairment. Learning Disabilities are fairly common and estimated to be present in 55 percent of those in the Juvenile Justice system.
One of the most striking studies in this regard was a four state study on juvenile offenders who had committed capital offenses,which found that 98 percent of them to have multiple disabilties (neurological,psychiatric or cognitive conditions) usually stemming from significant Childhood trauma.

So why are so many individuals with disabilties incarcerated? Social determinists like like the vast majority of elected officials in Carver County and others who also exhibit the intellectual capacity of a gnat, will attribute the high rates of incarceration to the persons "handicap" resulting in behavior's considered abnormal and asocial but I would argue an entirely different theory and base my conclusions on socio -economic factors and historical trauma based loosely on an idea first contemplated by early 20th century Marxists.

Given the historic segregation of people with disabilities (PWDs)from American society, PWDs living in what we would consider the "free world" really aren't any better off than their counterparts behind bars
Institutions In general, including prisons have functioned to support accumulation of financial capital and as a means of social control on the disability community.
The prison population is not a cross-section of America; prisoners are poorer and statistically less likely to be employed

Combine this with the fact that poverty is directly linked to a higher prevalence of disability. Neither quality health care, nor safe, adequate housing, nor nutritious food has been available to poor people. Environmental racism, i.e placing waste dumps,industrial factories, power plants and other poison-emitting industries in low-income, mostly non-white neighborhoods, has a devastating impact: not only are poor children exposed to lead and other toxins, resulting in high rates of developmental and learning disabilities; they also drink poison water and breathe air of potentially questionable quality leading to extreme prevalence of asthma and other respiratory illnesses and cancers. People in poverty often live in neighborhoods plagued by drug and alcohol abuse, leading to physical and psychological damage, including fetal alcohol syndrome, and marked by violent often leading to spinal cord injury, traumatic brain injury, and other disabilities.

Even the economic boom of the Industrial revolution opressed pwds of all kinds to the bottom of the socio-economic totem pole. 19th century "commodified" the human body, creating a class of proletarians and a class of “disabled” whose bodies did not conform to the standard worker

Physique and whose ability to impact the labor market was ignored. Over time, as disabled persons came to be regarded as a social problem, it became justifiable to remove individuals with impairments from mainstream life and segregate them in a variety of institutions, including workhouses, asylums, prisons and "special" schools.

It was about this point that it became a social norm to sift PWDs out of the labor force and communities and into institutions, the medical industry pathologized traits such as blindness, deafness, and physical and mental impairments that have naturally appeared in the human race throughout history. In the Foucaultian sense, "medicalization" and institutionalization became means of social control, relegating disabled persons to isolation and exclusion from society; the combination met capitalism’s need for discipline and control.

The basic concept of an institution is repressive in that all those who either can't or won't conform to the norms and discipline of a "normalized" society can be and will be removed from it. It is ideological in that it stands as a visible monument for all those who currently conform but may not continue to do so: if you do not behave, the tall walls and punitive treatment of an institution awaits you.

Institutions of all descriptions thus became formidable, formalized containment devices. It is now the disability rights movement’s primary revolutionary goal to reverse this trend.

The impact on disabled people of this kind of segregation has been profound. They are the least likely to be employed, the most likely to be impoverished and undereducated. Only a third of working-age disabled individuals are currently employed, compared to more than 80 percent of the nondisabled population. One- third (34 percent) of adults with disabilities live in households with an annual income of less than $15,000, compared to 12 percent of those without disabilities—a 22-point gap which has remained virtually constant since 1986. Disabled persons are twice as likely not to finish high school (22 percent versus 9 percent). A disproportionate number of disabled persons report having inadequate access to health care (28 percent versus 12 percent) or transportation (30 percent versus 10 percent).7 Of course, one must acknowledge that disabled people live on the economic margins of all societies throughout the world, not merely in capitalist countries. But nowhere else are we witness to the jarring disconnect between a society’s vast wealth and its refusal to provide more than the barest means of survival for its most vulnerable citizens.

The role of Federal courts in preserving the rights of Americans with disabilities

Friday, June 22, 2018 marks the 19th Anniversary of the US Supreme Court’s decision, Olmstead v. L.C. The Olmstead decision required states to eliminate the unnecessary segregation of persons with disabilities and to ensure that they receive services in the most integrated setting appropriate to their needs. The federal court system has a rich history of issuing decisions that acknowledge and protect the most fundamental of rights for people with disabilities.

Even before the passage of the American with Disabilities act in 1990, the Federal Courts were intervening to preserve the rights of disabled Americans.  From the early 1960s-to early 1970s, there were at least 10 landmark cases that challenged the constitutionality of forced labor in State run institutions. Large numbers of patients were required to operate the facilities, which were focused on maintaining an unpaid unlimited workforce rather then providing treatment to our nation’s most vulnerable demographic. Dozens of attempts were made to prohibit this practice. The efforts became reality DC circuit ruled in Souder V Brennan that the Fair Labor Standards Act applied to institutional workers.

Prior to the 1970s millions of children with special needs were either refused enrollment or inadequately served by the public schools but the Federal Courts decided in both Pennsylvania Association for Retarded Children v. Pennsylvania and Mills v. Board of Education, the courts decided that the due process clause of the Fourteenth amendment gave parents specific rights that included prior notice, the right to discuss changes in their child’s education plan before those changes occurred, and the right to appeal decisions made by school districts. In both P.A.R.C. and Mills the judges struck down local laws that excluded children with disabilities from schools and established that children with disabilities have the same right to a public education as any other child.  Over the years the federal courts have continued to reinforce the fact that under the equal protection clause of the 14^th amendment, a public education is owed to ALL students.

The other issue that was tackled by the Federal Courts in the 1970s were the growing concerns with public institutions and the lack of services being provided behind their walls.  In 1970, the guardian of Ricky Wyatt filed suit against the State of Alabama over a failure to provide proper treatment at Partlow State Hospital. After a lengthy court battle, Federal district court judge Frank Johnson ruled that involuntarily committed patients “unquestionably have a constitutional right to receive such individual treatment as will give each of them a realistic opportunity to be cured or to improve his or her mental condition.” This court was the first to hold that there was a right to treatment for civilly committed patients. Subsequently Johnson ordered that the state must consider community resources must first be explored before admission to an institution was even considered. Judge Johnson issued a final order in 1972 that established standards for legally and medically adequate habilitation which offered protections that ensured humane and treatment orientated conditions.  Since the 1970s, Wyatt v. Stickney has become the model for cases challenging institutional conditions.

Minnesota also played a significant role in rethinking the standards for institutionalized care when the  US District court for the District of Minnesota  heard Welsch v. Likins in 1972. The  Court held that  due process requires that civil commitment for individuals with developmental disabilities be accompanied by minimally adequate treatment designed to give each committed person a reasonable opportunity to be cured or to improve his or her mental condition. This case was brought by Patricia Welsch, a resident of Cambridge State Hospital, against the state on behalf of all Minnesotans institutionalized against their will.  She argued that current treatment practices, such as seclusion, restraints, and excessive use of tranquillizing medication violated her constitutional right to due process under the law. The State of Minnesota argued that their obligations were custodial in nature and that neither the Constitution nor state law required any specific treatment. The court disagreed, holding that the court itself hada constitutional duty “to assure that every resident of Cambridge receives at least minimally adequate care”

The Federal Courts also ruled in 1977 that Americans with disabilities have a right to habilitation in Halderman v. Pennhurst. The Case began in 1974 when Terri Lee Halderman, a minor resident of  Pennhurst State Hospital in Pennsylvania brought a class action in the District Court on behalf of herself and all other Pennhurst residents against Pennhurst, its superintendent, and various other state officials responsible for the operation of Pennhurst, alleging that conditions at Pennhurst violated various state and federal Constitutional and statutory rights of the class members. Specifically, the lawsuit argued that these conditions denied the class members due process and equal protection of the law.

Ultimately, the district court awarded injunctive relief and ruled that certain rights of the patients had been violated. The court acknowledged that there is a federal constitutional right to be provided with “minimally adequate habilitation” in the “least restrictive environment,” regardless of whether the patients were voluntarily or involuntarily committed. They also cited the a constitutional right under the 8^th amendment to be free from harm and cruel and unusual punishment as well as a right to be be provided with “nondiscriminatory habilitation” under the Equal Protection Clause of the 14^th amendment. The District court issued an order that Pennhurst was to be closed and that “community living arrangements” be provided for all Pennhurst residents.

The State appealed to the third circuit which ultimately affirmed the ruling of the district court but not on the constitutional claims, rather they based their decision on an interpretation of the Developmental Disabilities assistance and Bill of Rights Act. The Third Circuit also affirmed the district court’s holding that Pennhurst residents have a state statutory right to adequate habilitation. The Supreme Court ultimately vacated the decision due to the 11^th amendment principle that federal Courts can’t order state officials to comply with state laws but the facility was closed anyways as the result of a settlement agreement.

 Historically, the federal courts have played a pivotal role in guaranteeing the rights of Americans with disabilities and their decisions typically result in legislative changes, even paving the way for the passage of the Americans with Disabilities Act, in which Congress ensured that individuals with disabilities are entitled to equitable opportunities for independent living, economic self-sufficiency and community engagement. The federal courts continue to play an important part in the future as we continue to look to them in both defining and defending the rights of people with disabilities.

Haircuts with my surgeon and medical opinions from my friendly neighborhood cop

Toothache? I don’t know about you, but I go to the dentist and not the florist. I don’t call my surgeon. For a haircut nor do I go through the Wendy’s Drive through and ask them to do my taxes for me. So you will have to forgive me if I don’t place a high level of confidence in professional medical opinions of law enforcement agencies as to how address issues arising out of a combination of incarceration and disability.

I am not alone in this assessment as a similar conclusion was also reached by the United States Supreme Court in 1998 when they heard Pennsylvania V. Yeskey and ruled unanimously that Title II of the Americans with Disabilities Act of 1990 (ADA) covers inmates in state prisons and local jails.
Ronald Yeskey was a prison inmate sentenced to 18 to 36 months in a Pennsylvania correctional facility. The sentencing court recommended his placement in Pennsylvania’s Motivational Boot Camp for first-time offenders. Successful completion would have led to release on parole in just six months. Because he had a medical history of hypertension, admission to the program was denied. He sued, alleging that his exclusion violated the ADA.

The phrasing of Title II is not ambiguous. It clearly states: “[N]o qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.”

Disabled prisoners pose special problems compared with the general prison population and prison administrators must confront a broad range of disabilities. The disabled may include the wheelchair bound, the blind, the hearing impaired, the mentally retarded and mentally ill, and persons with an array of medical conditions including HIV and Hepatitis. Moreover, administrators must deal with the tension between the ADA’s individualized approach to accommodating disabilities and the needs of prison security and administration.

Another important consideration for local governments is that the ADA’s provisions also affect pretrial detainees. Bell v. Wolfish, 441, the leading case on the rights of pretrial detainees, suggests little practical difference between pretrial detention and post-conviction incarceration. This suggests that ADA claims of pretrial detainees are likely to result no differently than those of prison inmates.

Thus Municipalities and local law enforcement agencies face two immediate issues, the first is to acquaint elected officials with the need to bring their corrections facilities into compliance with Title II. The second is to acquaint corrections managers and staff with the needs and rights of the disabled inmate population. Full implementation of the ADA in state prisons and local jails is a complex but important task as the consequences of not doing will provoke a whirlwind of lawsuits.

But Correctional facilities across the country routinely flout the Americans with Disabilities Act, subjecting thousands of inmates with physical and mental health problems to painful and often times degrading conditions including refusing medications, unnecessary segregation in violation of numerous DOJ Regulations and Court rulings requiring that programs and actives be administered in the most integrated setting.

In 2015, Inmates Ronaldo Ligons and Barry Michaelson sued the Minnesota Department of Corrections. Ligons and Michaelson suffered from a deadly viral disease called Hepatitis C . Prior to 2013, the standard treatment for Hepatitis C was injections of interferon. The method had significant and debilitating side effects and a low rates of success. In December 2013, the Food and Drug Administration approved several drugs that were lauded by both the Association for the study of infectious disease and the association for the study of liver diseases as medical breakthroughs.

Despite changes in policy from the Federal bureau of prisons, the Center for Disease control For non-medical reasons the Minnesota Department of corrections, refused to provide the breakthrough medical treatment.

The ADA requires that prisons provide “reasonable accommodations” for disabled people, such as grab bars, wheelchair ramps, and special adaptations in educational or treatment-related programs for inmates who are deaf or have a cognitive disability. Inmates aren’t supposed to be put in solitary confinement simply because there are no accessible cells available or because officers just don’t feel like dealing with providing the necessary accommodations as prescribed by law.
For the 31 percent of inmates in state prisons nationwide who report having a physical or cognitive disability, abuse and neglect are common features of prison life and the situation is only expected to get worse as the U.S. prison population ages. Incarcerated people are three or four times more likely to report having a disability than the rest of the U.S. population.
John Woodatch, who headed the disability rights section of the Department of Justice’s civil rights division from its inception in 1995 until 2011, said most of the thousands of annual complaints the office received were from prisoners and that nearly all of them were substantiated. Woodwatch stated in a recent interview that “Every complaint we got from those people were legitimate complaints,” he continued on to describe the conditions in US Correctional facilities as a “ a litany of discrimination against people with disabilities.”

Woodatch’s concerns were shared by Justice Scalia in his opinion in Pennsylvania Dept of Corrections v. Yeskey in which he explained that the ADA was designed to remedy the serious and pervasive disability-based discrimination that exists throughout society as documented by Congress when the ADA was enacted. It was intended to ensure equal protection of the rights of all persons with disabilities, including prisoners according to the Supreme Court, and to relegate the existence of a disability to a non-issue.

The Fourteenth Amendment reads, in part, “No State [can] deny to any person within its jurisdiction the equal protection of the laws.” The Fourteenth Amendment, in conjunction with the ADA, ensures that prisoners with disabilities have the means with which to protect their rights because YES! People with disabilities have rights too