Coalition for the Legal Rights of People with Disabilities

Co-Chair, Stan Eichner, called the meeting to order at 10:15 a.m. and welcomed all to today’s meeting. Introductions were made and the following announcements were made:

 Evelyn Kaufman informed members that the Emergency Room Rights Bills (H.2042 and H.1891) will be heard on Monday, September 24, 2007 at 1 pm in Room A-2 at the State House.  A Press Conference will be held prior to the hearing, in the Grand Staircase at the State House.  Evelyn added that the passing of the bills is crucial and welcomes your attendance and support.

Sharon Heim announced that Kitty Dukakis, who supports the use of ECT, has published a book on this topic. On October 15, Mrs. Dukakis will be promoting her book at Northeastern University.  Sharon stated that the Citizen’s Commission for Human Rights would like to plan a protest on the use of ECT.

Jen Honig introduced Sandra Carter who is currently working at MHLAC through AmeriCorps on issues involving children in DYS. MHLAC has been participating in AmeriCorps for the last three years.  AmeriCorps is a network of government service programs that connects capable, committed individuals to meet the country’s needs in education, public safety, health, and the environment. 

 Marylyn Howe announced that the National Council on Disabilities (NCD) meeting is scheduled for November 29, 2007 – December 1, 2007.   This is open to the public ~ anyone can attend or phone in their comments during the meeting.  The meeting will be held at the Hyatt Regency in Downtown Crossing.  If you are interested in participating or have any NCD meeting-related questions, please contact Marylyn Howe at Marylyn.howe@state.ma.us or www.ncd.gov for the agenda.

Stan Eichner opened up the conversation by reviewing the process of today’s meeting. Today’s meeting was devoted to the re-examination of CLRD priority bills HD 1904, SB 1123, An Act Creating and Authorizing Level IV Behavioral Treatment Intervention.  This is one of three bills regarding aversive techniques on persons with disabilities  Stan informed members that John Thomas of ARC would be joining the group via telephone.  In addition, Stan announced that he had received emails from Ed Bielecki and Barbara Cutler regarding their positions on this matter. Jen Honig then introduced Matthew Engel, of DLC’s Northampton office and Deb Thomson, CLRD’s Legislative Lobbyist. 

Matthew Engel provided historic background on JRC and the anti-aversives battle. Action on this issue started in 1986 when the Massachusetts Office For Children tried to close down the Behavioral Research Institute (BRI), now known as the Judge Rotenberg Center (JRC), after a 22 year old student died while in restraints.  BRI/JRC fought back with a successful lawsuit.  A consent decree was issued by the court which stated JRC could continue using aversive therapy in conjunction with the provisions of a settlement agreement. Under this agreement, students would be provided a CPCS attorney. 

In 1997, the Department of Mental Retardation (DMR), which had licensing authority, attempted to shut down JRC.  Electric shock was being used.  JRC was sued as being in contempt of the 1986 agreement.  Once again, JRC prevailed.  In addition, the court found against DMR declaring harassment against JRC Executive Director Dr. Matthew Israel and accused DMR’s Commissioner of lying on the witness stand.  Probate and Family Court found DMR in contempt and stripped it of its power to regulate JRC.  DMR paid a hefty amount in legal fees and other costs. Aversive treatment plan abuse continued. 

Matthew stated that to this day, JRC still relies on the usage of GED (Graduated Electronic Decelerator) and the more powerful GED4 to administer painful electric skin-shocks to students so that they comply with JRC’s desired behavior.  These devices are administered by remote control through electrodes worn against the student’s skin at all times. Matthew stated that he has personally tried the GED and disclosed that it is extremely painful