NONPROFIT ORG. U.S. POSTAGE
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TWIN CITIES, MN PERMIT NO. 4766
Volume 33, Number 9
September 2022
WWW.ACCESSPRESS.ORG
Getting to know guardianship
Community living choices are the focus of the lawsuit.
Key legal settlement is a win for living choices in the community by Jane McClure After almost six years, a lengthy class action lawsuit centered on living choices is coming to an end. More than 1,000 Minnesotans should be able to move out of group homes and into independent living settings, with the help of the Minnesota Department of Human Services (DHS). A preliminary settlement was announced in late July by the Minnesota Disability Law Center, a division of MidMinnesota Legal Aid. The case goes back to U.S. District Court Judge Donovan Frank on January 4, 2023. Frank is expected to give final approval of the settlement that day.
Tributes to our friend Page 4 ABCs of education Page 2 Tomassoni remembered Page 7 THC creates issues Page 9 Award winners feted Page 6
In the federal lawsuit, Murphy et al. v. Harpstead, state officials are accused of isolating disabled people from their home communities and being overly restrictive in living situations. Legal Aid estimates that the settlement will positively affect more than 1,000 Minnesotans with disabilities. It will also affect people going forward. There are about 13,000 Minnesotans living in group homes at this time. The lawsuit’s plaintiffs are Tenner Murphy, Marrie Bottelson; Dionne Swanson; and others. They filed the suit against DHS, which has changed commissioners over time. Jodi Harpstead SETTLEMENT To page 9
Lake County DAC celebrates 50-plus years of progress by Kitty Mayo, Lake County Press The Lake County Developmental Activity Center (LCDAC) was finally able to hold a community celebration to commemorate its 50th anniversary of serving Lake County. LCDAC moved to Two Harbors about five years ago seeking more space, after spending 45 years based in Knife River. The anniversary celebration was delayed due to the COVID-19 pandemic. The LCDAC is a private nonprofit organization that provides home and community-based services to adults with developmental and intellectual disabilities. Michelle McDonald, LCDAC executive director, said the individuals they serve are an integral part of the community and economy as many work in supportive roles at grocery stores, gas stations and assisted living facilities in Two Harbors, Knife River and Duluth. On-site, some individuals carry on with what McDonald calls their “legacy” services, such as rug weaving from donated fabrics, PROGRESS To page 5
THANK YOU
LAKE COUNTY PRESS
GUARDIANSHIP To page 6
ISTOCK/VIROJT CHANGYENCHAM
As the November election draws near, people with disabilities need to be vigilant about their voting rights. That’s especially true for disabled people who are under guardianship or conservatorship. An upcoming event with a focus on guardianship is a highlight of this year’s Disability Voting Rights Week. Disability Voting Rights Week is September 12-16. Formerly known as National Disability Voting Registration Week, it is a time to spotlight election issues for people with disabilities. It is also a time to urge everyone to exercise the right to vote. Rev UP MN hosts a forum as part of Disability Voting Rights Week. The 2022 Elections, Voting and Accessibility for People with Disabilities forum is 6:30-7:45 p.m. Thursday, September 15 via Zoom. Preregister at https:// arcminnesota.zoom.us/meeting/ register/tZUkcOCprDgjGtzC9XVoCFA9Ok1m5td40EC Justin Page of the Minnesota Disability Law Center will present information on guardianship and the right to vote. Page will also discuss the history of voting rights laws affecting persons with disabilities, a review of the Help America Vote Act (HAVA), tips on how staff can vouch for people on Election Day, accessibility requirements at polling stations and supports like ballot marking machines. Participants will learn how to file a complaint if there are problems at the polls. Guardianship and conservatorship can raise many questions when voting. What is the difference between the two? Both posts are court-appointed but appointees play different roles for a disabled person. A conservator can make financial decisions, oversee assets, pay bills and perform other tasks, with court approval required for some duties. A guardian can perform duties related to personal care, custody and control, including decisions on medical care and residency. Being under court-ordered status means a person needs helps with aspects of daily life. But it doesn’t necessarily mean a person is incompetent to vote. States have the power to set qualifications for voting as long as those as those qualifications aren’t discriminatory and don’t violate the U.S. Constitution or other federal regulations including the Federal Voting Rights Act. The act gives states authority to enact laws to deny the right to vote to people for two reasons: “by reason of criminal conviction or mental incapacity.” That latter reason can be misinterpreted and used to improperly prevent people with disabilities from voting, especially people with intellectual/developmental disabilities, brain injuries or memory loss. Unless a judge has specifically taken away the right to vote through a court order, a person under guardianship
NEWS DIGEST
Activities at Lake County DAC engage clients.
Access Press thanks issue spotlight MRCI!