wouldn't you just know it would be good ole georgia that started this.
> -----Original Message-----
> From: I. STEPHEN MARGOLIS [SMTP:[log in to unmask]]
> Sent: Thursday, February 04, 1999 6:02 PM
> To: [log in to unmask]
> Subject: More States in Retreat
>
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> FYI--ISM
>
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> From: "Stephanie Thomas" <[log in to unmask]>
> Sender: "Majordomo List Server" <[log in to unmask]>
> To: "micasa-list" <[log in to unmask]>
> Subject: FW: Michigan off Olmstead
> Date: Wed, 3 Feb 1999 18:24:45 -0500
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> Another one bites the dust...
>
> -----Original Message-----
> From: Scott Heinzman [mailto:[log in to unmask]]
> Sent: Wednesday, February 03, 1999 3:51 PM
> To: [log in to unmask]
> Subject: Michigan off Olmstead
>
>
> Yo;
>
> Received confirmation from our State Solicitor General, Thomas Casey,
> that Michigan e-mailed Florida and declined to sign the amicus brief on
> Olmstead. Couldn't get any sort of answer as to why. Those of us who
> contacted the Attorney General's office will receive a letter stating
> the State is off the amicus.
>
> It looks as though we may have joggled someone's senses. I do know that
> the decision not to sign the brief was made after the AG met with the
> Dept. of Community Health and the Governor's office. This tidbit was
> supplied by the attorney who heads the mental health division within the
> AG's office.
>
> -Scott
>
>
>
> NATIONAL ADAPT MAILING LIST - Adapt MiCASA List of Adapt Organizers.
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> From: "Stephanie Thomas" <[log in to unmask]>
> Sender: "Majordomo List Server" <[log in to unmask]>
> To: "micasa-list" <[log in to unmask]>
> Subject: FW: AL, NH withdraws amicus support
> Date: Wed, 3 Feb 1999 17:44:52 -0500
> Message-ID: <[log in to unmask]>
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> Mike Oxford and Tom Olin report Nebraska is off too!!!!
>
> **************
> >From Mark Johnson in GA:
> Also, did you hear Alabama backed out. I faxed their letter to the
> Governor and to Thurbert Baker - also sent Zan's stuff - and our
> newsletter
> will urge people to call or write Governor and Att. Gen. to ask that
> Georgia withdraw the petition - might as well keep pushing until the
> argument date!
>
> JR
>
> Joyce R. Ringer, Ph.D.
> *********************
> >From Jennifer Burnet
> McLaughlin decides against
> joining disabled lawsuit
>
> ©1999 By The Associated Press
>
> CONCORD, N.H. (AP) - Attorney General Philip
> McLaughlin has changed his mind and decided to keep the
> state from joining a Georgia disability lawsuit that
> could be
> heard by the U.S. Supreme Court.
>
> McLaughlin said Monday he reversed his decision after
> reviewing the case and meeting with disability rights
> activists
> who opposed New Hampshire joining the suit.
>
> Georgia is appealing a federal appeals court decision
> that
> required the state to move a mentally disabled man from
> an
> institution into a community setting at considerable
> cost.
>
> McLaughlin had upset activists when he signed a request
> that the Supreme Court hear the case. They're worried
> the
> lawsuit could return New Hampshire to
> institutionalization
> or give disabled people few options about where they are
> treated.
>
> "It is very clear that there are differing perspectives
> among
> the state agencies concerning what the outcome of this
> case
> should be," McLaughlin said after meeting with
> representatives of the Department of Health and Human
> Services, New Hampshire Developmental Disabilities
> Council and disability rights activists.
>
> He said that while it is important that questions raised
> by the
> Georgia case should be resolved by the Supreme Court, "I
> have weighed New Hampshire's progressive role in dealing
> with disabilities' rights issues against the narrow
> legal
> issue
> on which we joined on the request ... and have concluded
> that the interests of the state are best served by not
> joining
> in the amicus brief."
>
> Advocates for the disabled were angry, in part, because
> they were not consulted. Given the state's past support
> for
> community-based services, "to even know that New
> Hampshire has signed (on) to this thing, seemingly
> without
> any discussion with the disability community, is
> unbelievable," said Alan Robichaud, director of the
> disabilities council.
>
> Georgia is appealing a federal ruling requiring it to
> move
> a
> developmentally disabled person from an institution to
> the
> least restrictive community setting possible. More than
> 20
> states have asked the Supreme Court to hear the appeal.
>
> For several weeks, activists have peppered McLaughlin
> and
> Gov. Jeanne Shaheen with faxes, letters and calls asking
> who authorized New Hampshire's participation,
> questioning
> the state's motives and demanding to know whether
> Shaheen was in on the decision.
>
> Pressure from disability rights activists has prompted
> two
> states to pull out of the lawsuit.
>
> McLaughlin made his original decision after talking with
> the
> state Department of Health and Human Services, but he
> did
> not talk to Shaheen, the disabilities council,
> representatives
> of the Governor's Commission on Disability or any
> similar
> groups.
>
> The state closed Laconia State School, its institution
> for the
> mentally retarded and people with other developmental
> disabilities, in the mid-1980s. It replaced it with a
> system of
> home- and community-based care.
>
> Few expect the state to put disabled people back into a
> big
> institution, but are afraid the state would reduce
> services
> necessary to keep people in communities.
>
> McLaughlin said such fears are misplaced.
>
> "The only reason there would be concern is there is a
> misunderstanding about what the state is doing," he
> said.
>
> He said the state's goal is maintaining flexibility in
> interpreting federal law and deciding what is
> reasonable.
>
> The issue is genuine in New Hampshire because the state
> is
> being sued by a brain-injured man who lives in a nursing
> home. He wants to be placed in a community setting,
> which
> would cost more than $100,000 annually.
>
> The man is on a waiting list. To grant his request, the
> state
> either would have to bypass others on the waiting list
> or
> provide services to 94 additional people.
>
> McLaughlin said the state does not want a large
> institution,
> but it may need to use group homes, he said.
>
> Disability rights groups argue that costs of home and
> community care often are exaggerated. In a letter to
> Shaheen and McLaughlin last week, a dozen disability
> rights
> organizations urged the state not to sign on to the
> case.
>
> "The state's agreeing to place its name on the brief
> would
> have profound symbolic as well as real negative
> consequences for thousands of New Hampshire citizens
> with disabilities," the letter said.
>
>
> -----Original Message-----
> From: Fred Fay
> I got word today from Clyde Terry from New Hampshire.
>
> They met with their Governor and NH is off the list!
>
> (And MA was never on! Smile!)
>
> Fred Fay
>
>
>
> NATIONAL ADAPT MAILING LIST - Adapt MiCASA List of Adapt Organizers.
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> From: "Stephanie Thomas" <[log in to unmask]>
> Sender: "Majordomo List Server" <[log in to unmask]>
> To: "micasa-list" <[log in to unmask]>
> Subject: FW: [PCA] NH off Olmstead
> Date: Wed, 3 Feb 1999 17:43:08 -0500
> Message-ID: <[log in to unmask]>
> MIME-Version: 1.0
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>
> -----Original Message-----
> From: Dan Vachon [mailto:[log in to unmask]]
> Sent: Tuesday, February 02, 1999 3:35 AM
> To: PCA Personal Care Assistance; [log in to unmask]
> Subject: Re: [PCA] NH off Olmstead
>
>
> At 09:29 PM 2/1/99 EST, you wrote:
> > Please send replies to sender or to the list:
> > [log in to unmask]
> >
> >
> >Dan...do you have it in writing that he's off the brief. Any media
> coverage
> >on it and could you write to me off this list to give me the details.
> Thanx,
> >Jen Burnett
>
> Following is the article appearing in the local paper.
>
> McLaughlin decides against
> joining disabled lawsuit
>
> ©1999 By The Associated Press
>
> CONCORD, N.H. (AP) - Attorney General Philip
> McLaughlin has changed his mind and decided to keep the
> state from joining a Georgia disability lawsuit that
> could be
> heard by the U.S. Supreme Court.
>
> McLaughlin said Monday he reversed his decision after
> reviewing the case and meeting with disability rights
> activists
> who opposed New Hampshire joining the suit.
>
> Georgia is appealing a federal appeals court decision
> that
> required the state to move a mentally disabled man from
> an
> institution into a community setting at considerable
> cost.
>
> McLaughlin had upset activists when he signed a request
> that the Supreme Court hear the case. They're worried
> the
> lawsuit could return New Hampshire to
> institutionalization
> or give disabled people few options about where they are
> treated.
>
> "It is very clear that there are differing perspectives
> among
> the state agencies concerning what the outcome of this
> case
> should be," McLaughlin said after meeting with
> representatives of the Department of Health and Human
> Services, New Hampshire Developmental Disabilities
> Council and disability rights activists.
>
> He said that while it is important that questions raised
> by the
> Georgia case should be resolved by the Supreme Court, "I
> have weighed New Hampshire's progressive role in dealing
> with disabilities' rights issues against the narrow
> legal
> issue
> on which we joined on the request ... and have concluded
> that the interests of the state are best served by not
> joining
> in the amicus brief."
>
> Advocates for the disabled were angry, in part, because
> they were not consulted. Given the state's past support
> for
> community-based services, "to even know that New
> Hampshire has signed (on) to this thing, seemingly
> without
> any discussion with the disability community, is
> unbelievable," said Alan Robichaud, director of the
> disabilities council.
>
> Georgia is appealing a federal ruling requiring it to
> move
> a
> developmentally disabled person from an institution to
> the
> least restrictive community setting possible. More than
> 20
> states have asked the Supreme Court to hear the appeal.
>
> For several weeks, activists have peppered McLaughlin
> and
> Gov. Jeanne Shaheen with faxes, letters and calls asking
> who authorized New Hampshire's participation,
> questioning
> the state's motives and demanding to know whether
> Shaheen was in on the decision.
>
> Pressure from disability rights activists has prompted
> two
> states to pull out of the lawsuit.
>
> McLaughlin made his original decision after talking with
> the
> state Department of Health and Human Services, but he
> did
> not talk to Shaheen, the disabilities council,
> representatives
> of the Governor's Commission on Disability or any
> similar
> groups.
>
> The state closed Laconia State School, its institution
> for the
> mentally retarded and people with other developmental
> disabilities, in the mid-1980s. It replaced it with a
> system of
> home- and community-based care.
>
> Few expect the state to put disabled people back into a
> big
> institution, but are afraid the state would reduce
> services
> necessary to keep people in communities.
>
> McLaughlin said such fears are misplaced.
>
> "The only reason there would be concern is there is a
> misunderstanding about what the state is doing," he
> said.
>
> He said the state's goal is maintaining flexibility in
> interpreting federal law and deciding what is
> reasonable.
>
> The issue is genuine in New Hampshire because the state
> is
> being sued by a brain-injured man who lives in a nursing
> home. He wants to be placed in a community setting,
> which
> would cost more than $100,000 annually.
>
> The man is on a waiting list. To grant his request, the
> state
> either would have to bypass others on the waiting list
> or
> provide services to 94 additional people.
>
> McLaughlin said the state does not want a large
> institution,
> but it may need to use group homes, he said.
>
> Disability rights groups argue that costs of home and
> community care often are exaggerated. In a letter to
> Shaheen and McLaughlin last week, a dozen disability
> rights
> organizations urged the state not to sign on to the
> case.
>
> "The state's agreeing to place its name on the brief
> would
> have profound symbolic as well as real negative
> consequences for thousands of New Hampshire citizens
> with disabilities," the letter said.
>
>
>
>
>
>
> NATIONAL ADAPT MAILING LIST - Adapt MiCASA List of Adapt Organizers.
>
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