The Traveling Wheelchair

- United States District Court
- Rolland Settlement
United States District Court
1 Courthouse Way
Boston, Massachusetts 02210
Phone: 617- 748-9152
Rolland Appeal Court Case # 08-1874
Website: http://www.mad.uscourts.gov/

Wednesday, my mom, Ric, Amanda and I traveled to Boston to attend the Rolland Appeal hearing in the Court of Appeals at the John Joseph Moakley United States Courthouse. This courthouse is the headquarters for the United States Court of Appeals and the United States District Court for the District of Massachusetts. This Federal Courthouse, located on Fan Pier is a beautiful modern brick building that is Accessible to persons with disabilities with only a few barriers in that it doesn’t provide wheelchair accessible seating in the court rooms and doesn’t provide assistive technology such as closed captioning for the deaf and hard of hearing.

Due to many medical needs and lack of state funding, I spent 20 years of my life in a nursing home. The Rolland v. Romney Settlement between Steven Schwarz, leading Attorney of  Center for Public Representation and the Commonwealth of Massachusetts made it possible for me to move out of the nursing home into my new DDS community home in September of 2007.

At first my parents and I were really afraid and scared about me leaving the nursing home due to my many medical needs. Once I moved to the community I soon realized how wonderful life can be. I am better cared for medically than I ever was in the nursing home! I am now living a very full and exciting life in my new community home with Josh, my friend and roommate. The Massachusetts Department of Developmental Services (DDS) provided me with a lot of support and encouragement during my transition and provides me with all of the community and medical services I need. Moving out of the nursing home to the community was the best thing that ever happened to me. I LOVE MY NEW LIFE!

The Rolland v. Romney settlement ended in 2007; I was one of the last class members to move out of the nursing home in 2007. But then another Rolland Settlement, filed 3/21/08, Rolland v. Patrick made it possible for Commonwealth of Massachusetts to move more nursing home residents to the community. By 2012 the state must create 640 new community placements for the developmentally disabled citizens and transition that number of current nursing home residents into community homes with all the medical and community services they need.

Families of the Seven Hills Pediatric Center at Groton, MA organized ‘Avert Rolland Tragedy’ @ http://www.avertrollandtragedy.org/. Their goal is to prevent the Commonwealth of Massachusetts from moving their children out of their long-term nursing home.

These Groton families are once again appealing the Rolland v. Patrick Settlement Agreement in the United States Court of Appeals. These families of Groton lost their first appeal at the United State Courthouse in Springfield in May of 2008. I was planning on testifying at that hearing yet couldn’t make it due to illness. My mom presented written testimony in support of the new Rolland Settlement.

Steven Schwartz, Attorney for Center for Public Representation and Attorneys from the Commonwealth of Massachusetts have opposed the efforts of the Seven Hills Pediatric Center residents and their families to be left out of the Rolland plaintiff class. The Massachusetts Department of Department of Developmental Disabilities, The ARC of Massachusetts, Disability Law Center, and Massachusetts Association for Retarded Citizens support the Rolland Settlement and oppose the Seven Hills Pediatric Center residents’ and families’ efforts at decertification. I too support the Rolland Settlement and strongly support moving persons with disabilities out of nursing homes and institutions. I would never again want to live in a nursing home!!

Wednesday was another appeal hearing for the court to determine if the parents/guardians of individuals at Seven Hills could stop DDS’s efforts to place their children in the community. Attorneys from both sides presented their case. A very kind court clerk told us the public can access the audio recordings of the court’s oral arguments for this case # 08-1874 by going to their website @ http://www.ca1.uscourts.gov/ and then click on Court Calendar.

I attended this hearing to show my support of the Rolland Settlement, Steven Schwartz, Center for Public Representation and The Massachusetts Department of Developmental Disabilities for all they have done to improve my life by moving me out of the nursing home and into the community.

The families of Seven Hills may feel desperate, scared and nervous about moving into the community just like my family and I were at first. I hope the families reconsider moving their children out of the nursing home for it’s a wonderful opportunity which I can attest to first hand. I also hope the Federal Judges who heard the Rolland appeal understand how much better it is living in the community with all the medical and community supports you need.

As for the Accessibility of the United States District Court, there is a public parking lot conveniently located next to the courthouse for a $12 flat rate. My mom brought my family van because the middle windows open and she likes me to get air. We parked our van in one of the 8 handicap parking spaces that are right in front of an open gate to cross over to courthouse. The pedestrian sidewalks have curb cut-outs for wheelchair access.

The brick and stone tiles placed in front of the courthouse are easy to wheel along. The entry doors in the front and rear entrance are automatic with simple push of button. As soon as we entered we were asked to give our cell phones, camera and video recorder to the nice security guard behind the desk. We then proceeded to the security screening line. We were asked to show our valid picture ID’s; I couldn’t go through the metal detector because of my chair so a nice security guard checked me and my bags with a wand.

Once inside this courthouse, I found it spacious and absolutely beautiful. There are windows on the entire rear side of the building with a great view of Boston Harbor. I was pleased to find the public payphone booths and water bubbler is wheelchair accessible. A convenience store located on the first floor has an accessible cashier countertop. The café located on the second floor has trays that are placed at an accessible height and all the food choices are easy to reach. The cashier counter is of a perfect wheelchair accessible height and the stainless steel tables are really cool and wheelchair accessible and of perfect height for my chair to fit comfortably. The cost of the food was reasonable and it was delicious!

The restrooms are spacious, wheelchair accessible and fully ADA compliant; except the pipes under the sink are not covered as is ADA required; this surprised me because the ADA is a Federal Civil Law and this is a Federal Building. The water faucet is automatic and the soap and towel dispensers are easily in my reach.

We took the elevator to the 7th floor where the Court of Appeals, main courtroom is located. The elevators are all spacious and easy to turn my chair around; the call buttons are within my reach. Once we entered the courtroom, I found NO wheelchair accessible seating; there are no cut-out sections in any bench seat to fit a wheelchair. I had no choice but to sit in the middle of the aisle but at least the aisle was wide enough for others to get by my chair.

The only other accessible problem was there is NO assistive technology such as closed captioning for the deaf or hard of hearing to know what is being said. My mom is deaf in one ear and partially deaf in the other ear and had to ask my friends and I what was said after the hearing. We called the courthouse and they confirmed there is no assistive technology available for the deaf.

After the hearing was over, I was happy to see Steven Schwartz of Center for Public Representation who warmly greeted me and thanked me for coming. I was also warmly greeted by Ken Smith, Assistant Deputy Commissioner and Marianne Meacham, General Counsel of Department of Developmental Services (DDS) - Boston Office and Leo Sarkinson, Executive Director of The ARC of Massachusetts. They are all very kind, caring and compassionate and really care about the quality of lives for us who are disabled.

After we exited the building, we took a stroll on the property of the Courthouse which is located on Fan Pier. The view of the Boston Harbor is breathtaking. I was in my Permobil C350 Power Chair and found wheeling easy on the brick walkways. I really enjoyed seeing the Stone slabs on the building that have Amendments of the US Constitution engraved. One was about everyone’s right to a speedy and public trial by an impartial jury.

The landscaping is beautiful! An outdoor patio in the rear has metal picnic tables that are wheelchair accessible for there is an open space to fit a wheelchair. The rear door to the courthouse is automatic with a simple push of a button. The glass windows on the entire rear side of the building are spectacular to see.

I give the United States District Courthouse FOUR STARS for wheelchair accessibility. In order to earn the Fifth Star they would need to place some wheelchair accessible seating in the courtrooms; provide assistive technology such as closed captioning for the deaf and hard of hearing; and cover the pipes under the accessible sinks in the restrooms which is required by ADA.

I give FIVE STARS PLUS to Steven Schwartz, The Center for Public Representation, The Massachusetts Department of Department of Developmental Disabilities, The ARC of Massachusetts, Disability Law Center, Massachusetts Association for Retarded Citizens and all others who support the Rolland Settlement.

Thank You for helping to make the world a better place for us who are disabled!

Kenny & Company