December 2008 Edition - Access Press

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Inside

“Anything you fail to confront, you will be forced to live with.”

■ Kids and computers—pg 4 ■ Lack of a lap—pg 6 ■ Triple Espresso—pg 12

—Lou J. James

Page 2 Nonprofit Org. U.S. Postage PAID Mpls. MN Permit No. 4766

Volume 19, Number 12

Minnesota’s Disability

Community Newspaper

December 10, 2008

Community thanks, says farewell to State Rep. Madore A passionate advocate is leaving state capitol by Joe Kimball

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stirring farewell from State Rep. Shelley Madore was an emotional highlight of the Minnesota State Council on Disability’s annual awards luncheon in St. Paul last month. Madore, a DFLer from Apple Valley, had been a major ally of the disability community in the Minnesota Legislature, but two days before the Nov. 6 luncheon she was defeated in the state’s general election.

The luncheon also celebrated the 35th anniversary of the Minnesota State Council on Disability.

strong ally of many groups in the disability community and her first-hand knowledge has helped educate other legislators.

Passionate advocate Madore was introduced as an advocate for persons with disabilities whose passionate voice will be missed in the Legislature. She told how she became involved in politics after learning that her son had autism and her daughter was diagnosed with spina bifida. She saw the state budget problems in 2003 cut deep into school and disability services, leaving many parents unable to afford many programs.

Also speaking at the MSCOD luncheon was Andrew Imparato, the president of the Washington-D.C. based American Association of People with Disabilities (AAPD). He gave highlights of President-elect That inspired her to seek ofBarack Obama’s agenda for fice and she was elected to the people with disabilities. House in 2006. She’s been a

Madore told the MSCOD luncheon guests that she appreciated the opportunity to make a difference. “This is the work I feel in my heart I was meant to do,” she said. And she urged audience members to stay politically involved. “It’s time we make our voices heard,” she said. With more state budget cuts in the works, “we need to pull ourselves together and make it stop, make them stop balancing the budget on the backs of our families,” Madore said. Farewell - cont. on p. 5

Minnesota State Council on Disabilities Executive Director Joan Willshire thanks State Rep. Shelley Madore.

How much say should family members have? Potential legislation in Iowa case is being watched by advocacy groups, legal scholars by Access Press staff

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n Iowa woman wants to change a state law to require that developmentally disabled voters be supervised when they cast a ballot. The complaint is generating debate in Iowa’s disability community and is being followed elsewhere in the nation. Brenda Lyddon of Deep River, in central Iowa, wants to change the law. Lyddon’s son Kristopher Willis, 26, is developmentally disabled and lives in a Grinnell group home. She was upset to learn that staff at the home took her son to a polling place on Election Day despite her instructions not to. ”I went to the home and told the person who is in charge of the home he is not allowed to vote,” said Lyddon.” I am his mother and he was not allowed to vote.

person’s right to vote,” said Lyddon to Deep River. “It’s just that a lot of us, (group) homes and parents, need to work together and agree on what’s best for our loved ones.”

campaign workers who were going door-to-door asking potential voters if they wanted an absentee ballot.

Lyddon supported Republican John McCain and her son voted for Democrat Barack Obama, but Lyddon said that’s not why she challenged her son’s ballot.

Len Sandler, a University of Iowa law professor is questioning those who would block a family member’s right to vote.

In that case, the woman supported McCain and her mother Lyddon, who has guardianship reportedly voted for Obama. over most of her son’s legal decision, unsuccessfully chal- That challenge was also unlenged his ballot. successful.

“He does not have the mental capacity to choose for himself,” she said.

”It’s one of the rights that are fairly sacred,” said Sandler, He supervises clinical law projects and lectures extensively on disability, assistive technology, accessibility, housing and universal design. He has written articles, briefs and best practice materials on these and other subjects.

if that person meets legal requirements. Family members do not have a say as to whether or not person can or cannot vote due to perceived competency. In Iowa (and Minnesota), only the courts can decide if a voter is not mentally competent to vote. Such competency is decided on a caseby-case basis. A check with Minnesota disability groups and law schools found that no one was aware of the Iowa case, but that they would be looking into it and following any attempts to change the law in that state.

East Central Iowa holds a voting workshop for disabled people and their families and caregivers. Delaine Petersen, executive director of the Cedar Rapids-based group, said that people need to understand that they have the right to vote, unless that right has been taken away from them.

”It’s the voting process we want them to understand,” said John Morris, executive director of Discovery Living, a nonprofit that operates 20 group homes in Cedar Rapids. “I’m sure many of them went out and did vote. There was a real ”The idea is, ‘what’s in the sense of pride that as a citizen best interests of the ward and they were participating as fully as much power and authority as any citizen.” as the individual can apply in their own right,’ that’s what Morris said Discovery Living you’re supposed to preserve staff members are cautioned as much as possible,” Sandler not to “unduly influence” resisaid. “I don’t know that it’s dents’ votes, but they are free been litigated that often here.” to discuss politics with them.

ing them to vote one way or another,” he said. “They can remain neutral, be a source of information.” Linda Langenberg, deputy Iowa secretary of state, said it’s the first time in her 32 years of supervising elections that she’s heard of someone challenging a family member’s ballot. Langenberg was auditor in Linn County for 30 years before moving to the secretary of state’s office two years ago. Langenberg said it’s not easy to take away someone’s right to vote. “The Iowa code says the only way you can deny them their right to vote is to have them judged incompetent by a court of law,” said Langenberg, who oversees election and voter registration.

The Grinnell case is one of two Iowa officials are looking at. In Council Bluffs, a woman challenged her elderly mother’s absentee ballot, claiming her mother suffered from demenShe said nothing improper was tia and was coerced into cast- Family members cannot block ”I don’t want to take away a ing the ballot by Democratic a family member from voting, In Cedar Rapids, the Arc of ”We don’t want them pressur- Voting Rights - cont. on p. 2


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