Transcript of “Rights Here, Rights Now –

Episode 36 Post General Assembly 2021 with Colleen Miller.

Produced by the disAbility Law Center of Virginia.                                                            

[INTRO]:                      Colleen Miller, Executive Director: “Hey, listen. This is just for information. We don’t intend for it to be legal advice, so don’t take it as legal advice!”

[Enter host, Molly Carter.]

 

[Molly Carter]:           Welcome to Rights Here, Rights Now! the podcast about disability advocacy, and activism. I'm your Advocate host, Molly Carter.

 

[Enter host, Ren Fazuski.]

 

[Ren Fazuski]:             And I'm your Advocate host, Ren Fazuski.

 

 

[Molly Carter]:           Every two weeks we dig into to relevant issues, current events, and avenues for self-advocacy.

 

[Ren Fazuski]:             ‘Cause someone has to.

 

[Molly Carter]:           And it might as well be us.

 

[Ren Fazuski]:

This podcast is produced by the disAbility Law Center of Virginia, the Commonwealth’s protection and advocacy agency for disability rights. Find out more at dlcv.org

 

[Enter, again, hosts Ren Fazuski and Molly Carter.]

 

[Molly]:                       All right! So, today, Ren, we have, yet another veteran of the podcast, coming on the podcast again! Who just has a fountain of wisdom to offer. She’s like the Oprah of our podcast guests- we just keep bringing her on (again and again) because she just has so much knowledge.

 

[Ren]:                          Colleen is probably the most featured guest on our podcast. Which makes sense! She’s the director- of DLCV-

 

[Molly]                        Absolutely.

 

[Ren]:                          And, she’s going to be talking to us about The General Assembly, again, & what they’ve done, and all the gossip, (LOL), the “hot gos,” if you will!

 

[Molly]:                       Yes! All the things that are going down. You know, I think the General Assembly, you know- it’s one of those things that we see in headlines, but also **at the local level,** many times, people don’t realize, the importance of, these politics, and the issues that are going on. And um, what they’re really doing to initiate change.  So I am so excited for her to dig into, sort of, the specifics, and also, for her to let people know, so that they can…be aware, and be involved in the everyday things.

 

[Ren]:                                   Absolutely. It’s incredibly/extremely important. And, it’s going to be a great episode today!

 

[Molly]:                              Let’s jump right in!

 

 

[Ren]:                          So, once again, we welcome, the illustrious Colleen Miller, back to the podcast! Welcome back! (Yes!)

 

[Enter, Colleen Miller, Executive Director]

 

[Colleen Miller]:         I love being called illustrious. That’s a wonderful title!

                                   

[Ren]:                          I (can try) try to keep coming up with more adjectives. (LOL.) If you’d prefer! This is our…post General Assembly episode! And I know it’s your favorite episode, because the general assembly is essentially over.

 

 

[Colleen Miller]:         I’m always happy, when the general assembly is in the rear view mirror!

 

[Ren]:                          We all know that this was kind of a strange session. And, there was a lot of things that made a different & difficult. As we kind of talked about in our first General Assembly episode. Let’s get right to it and talk about legislation that DLCV found really important. That’s what we’re here for. The essentials.

 

[Colleen]:                    Yes, thank you. There were 3 pieces of legislation that the disAbility Law Center was actively promoting- that we were actively lobbying for. And all three (3) of those pieces have been successful! And, we’re very happy about that!  So, perhaps, to the most people in Virginia with disabilities has to do with (the) State Human Rights Law-- Human Rights Act-- and that was a law that was changed last year to include protections for the LGBTQ+ community. And, in the course of changing that law, and creating some ways in which it could be enforced, they neglected to include people with disabilities in the employment protections.

 

So, we were very happy that the Office of the Attorney General approached us to try to fix that this year, and, delegate Mark stickles was patron of that bill. And, the thing that the bill does, that is really significant, is that it provides, of course, for people with disabilities, protection against employment discrimination. BUT, it also updates, the Virginians with Disabilities Act. And brings it into performance with the ADA. Our state law is very old. It was passed about a decade before the ADA was passed. And it’s got a lot of stuff in it that’s really out of date.

 

There’s a rule in our state law that says any (an) accommodation that cost more than $500, is, per se, (an) undue hardship. And that was a dollar amount that was set in 1984! And it has not been changed since then. So, we were able, through this legislation with Delegate Sickles to really, update the Virginians with Disabilities Act. And it offers, now, state level protection that matches the federal level of protection. That bill has been successful. We also had bills

 

[Molly/Ren??]:           Awesome!

 

[Colleen]:                    Yeah. We also had a bill to correct a long standing problem with…voting access. dLCV does surveys of polling places. We’ve been doing surveys with polling places for a number of years. And, we’ve always identified a significant problem with access to curbside voting.  Which is something that is in state law. People w/disabilities are allowed to ask for the ballot to be brought to their car. But the way it works in a lot of jurisdiction, is that it says: you have to go inside the building to ask for that ballot. That’s just kind of dumb!

 

[Molly]:                       Also, what if you don’t drive? Like, what if your vehicle is not your vehicle, you know?

 

 

[Colleen]:                    Well, right! That’s a huge thing. That, it just makes it really unnecessarily complicated. We’ve been trying to educate polling places about ways that they can do it better. And, this last November when we did our two surveys one of the polling places said:  “Yeah we'd rather keep it a secret we'd rather not have people know that they can ask for a curbside ballot.” So we have successfully gotten legislation through that through both the house and the Senate that will require polling place to post information outside, that identifies, how you can get a ballot-- We don't care how they do it could have a phone number that you call-- some places have people stationed outside to be sort of on the alert for it some places have designated parking spaces where it where you can just park and wait until somebody notices that you're there. We don’t care how you do it. We just need it to be accessible without (having to) go (going into?) into the building.

 

[Ren]:                          Yeah, I think that anytime there's some sort of rights, in this case, voting rights, you can't keep them secret I think that goes against the whole idea of rights, in general?

 

[Molly]:                       Yeah. This is supposed to be public info for a reason.

 

[Colleen]:                    That's right; that's right. So I think that with this new legislation we've got that that issue fixed, but there are lots of other barriers to access to voting- for everybody, for people with disabilities. But, this was the most significant one that we've noticed in all of our surveys. So once we get this fixed will start to address some of the other barriers that people with disabilities face.

 

[Molly]:                       I think all this success, and everything that's been passed, considering the times that we're in right now, is incredible. I'm curious, Colleen, were there any pieces of legislation that were tabled this time around? And, if so, what's next for them

 

[Colleen]:                    So, no, none of the bills that we were promoting, were tabled. The things that we were working on all passed successfully. And, as far as we know, the governor will sign them into law. We have not heard about any opposition from the governor of the bills that we were promoting. But there have been some bills that were tabled. Or, that were kind of put aside...that we were concerned about.

 

This one bill in particular that allows a criminal defendant to enter evidence that- of their disability—that- they can enter evidence in a criminal trial that they have autism if they have a developmental disability and although, I think it's shocking, to a lot of people that you cannot bring that evidence now, into a criminal trial! The bill did run into a lot of trouble in legislature. We're not sure whether there's any way to rescue it we think that it's probably going to end up being a bill that we have to deal with, in the legislative session.

 

 

[Molly]:                       That’s interesting. You know- I think too, when it comes to how people are treated in trials, like, there's a lot of, ..there so many barriers in that. There’s so many piece that need to be remedied! There so many pieces that as a society, unless you’re (we’re) personally affected by that, we tend to overlook that. I think that's wonderful and necessary that that's getting mentioned.

 

[Colleen]:                    That’s right. Well, and, as you all know, DLCV does not practice criminal law. So this has been a bill that we have followed and that we have tried to give help to the patron and the people who are promoting this bill. BUT, it’s really not an area of expertise for us.

 

[Ren]:                          We can’t be experts on everything. No matter how much we try!

 

[Colleen]:                     That’s correct.

 

[Ren]:                          We talked about in our last GA episode- that this general Assembly was happening..during COVID. Which, has just been a trying time for everybody! And you talked about some of the work arounds that the GA was attempting to do, in order to make sure that everything ran smoothly. Did it run smoothly? How’d that go?? (LOL.)

 

[Molly]:                       I can’t imagine why it wouldn’t. I mean, everything’s perfect.

 

[Colleen]:                    So you know, one of the phrases that has entered our lexicon now, in the last year or so, as we all know, and we’ve all said, every time, every day, is: “You’re on mute.” That became a very common phrase- in the legislative session. It became a serious obstacle to public debate. Most of the session was virtual, mostly, because the Senate actually met in person.

 

They were all in the same room together at the science museum- Sitting at tables that were six to eight feet apart from each other; they were all masked. But, the public could only participate virtually I think by  using zoom. I think that was the technology that the Senate and House (both) used. So..that made it difficult. Sometimes, when you’re meeting in person, other people working on the bill can step out into the hallway and have a conversation about what you need to work on and how about: “If you try this word—“why won't that work?” and, you can actually do that on site, when you're when you're meeting virtually, the legislatures controlling-- The legislators controlling who gets to speak.

 

And, you get one chance to speak-- you don't get to go back and forth and have a dialogue with folks. And that’s… it's a very different kind of format. You have to be very, very strategic in what you say in a virtual format! The legislature also had a lot of technical difficulties. There was one meeting that I attended where there were probably 15 people trying to speak on a bill and the legislature-- the legislative services-- just simply didn't know they were there .They just didn't call on them. And, the bill got passed even though there was serious opposition to the bills. It was really alarming that the technology was blocking the Democratic process that badly.

 

[Molly]:                       Yeah, I mean, I think one of the things about technology too, that you just pointed out, is that, it's important that thing's not get lost in translation! & I think as much as we use technology to make things accessible, in this case it's actually making it harder and people having to kind of adjust their strategies, adjust their ways of thinking, and think of how they approach this entire process.

 

You mentioned before, Colleen, that, disabled people were not able to participate in person this time, that it was only done virtually. Can you talk more about what ways disabled people might have their voices really heard during this time? In other ways, besides just participating virtually, and the ways in which they do that?

 

[Colleen]:                    The most significant way that somebody with a disability or any citizen in Virginia can have their voices heard in the process is to develop these good personal relationships with your Delegate, with your Senator so that when something comes up, they pay attention to what you have to say. And, in reality, you know Virginia ism in many ways, a small town, and personal relationships are so much more important than people really imagine.

 

And, a lot of people will show up at these hearings, & (they) offer their public comment. But, if they don't have a relationship with anybody, on that committee, or don't have a relationship with their own representatives, then the comment is just speech. It's not anything that people really pay attention to. So, towards the end of the general assembly session, (GA), and the next session, to try to meet your Delegates, meet your Senator.

 

Let them know what your life is like as a person with a disability. Help them understand what the role of government in your life. Let them know how these laws affect your life and really create that kind of relationship with them. So that, you know when the need comes there are a number of things that you can do in conjunction with advocacy organizations.

 

Or, with the disability Law Center, (too). There are advocacy organizations, on behalf of people with disabilities, that carry a lot of credibility with the general assembly. One is, Mental Health America; also, the National Alliance for Mental illness-- they all have very good reputations in the legislature on behalf of people with mental illness. Also: The Brain Injury Association of Virginia, too, it has a good reputation with the legislature These organizations (each) all carry a lot of credibility with legislature if those are organizations that are working on matters that concern you I think associated with them trying to influence the direction that they're going in is always a good thing. And, the disability Law Center, of course, deals with all disabilities, and so, it's also great if you had the opportunity to work with us,  or help us understand what the issues are that you’re facing.

 

[Molly]:                       Yes, I know one of the things were so passionate here at dLCV is that people have the right to have their story heard to be their own Advocate rather than you know constantly have able-bodied people who might not fully understand their experiences speak for them. So I think that's just such an important point to the work that we do and I'm so glad that you know in the general assembly, that that is part of it.

 

[Ren]:                          So: we talked a lot about how important the general assembly. And then, obviously we're doing this in the context of folks with disabilities, cuz obviously as a disability Law Center that's our point of view. But, I think, there's a lot of misconceptions about the general assembly- There's a lot of sort of ingrained attitudes. Particularly from folks who don't have a lot of contact with the GA. What are some of the biggest misconceptions we don't hear a lot about it? and what do you think are some of the biggest misconception citizens have about local politics, within the general assembly??

 

[Colleen]:                    assembly well I would say that if people are familiar with the workings of Congress they could be very confused that's the way the state legislature operates. We have  what's been called a citizen legislature. So, [what that means is] all the people who are in the Senate, who are in the House of delegates, (they) have other jobs they are teachers; they are lawyers; their insurance salesman; that-- some of them are retired. And so, it's sometimes confusing to us, because, we think that they should be available to US 24 hours a day. They should be able to answer a (any!) question! And in reality, they’re (are) only in session for 6 weeks a year, 8 weeks a year, and other years it's really a pretty short amount of time. What’s interesting, is that they are the members of the House of Delegates, the members of the Senate, don't have like enormous staff; So, if you are used to working with Congress offices all over the Commonwealth they’ve got lots of staff, at all of their offices. And, they can help to address constituent concerns pretty easily, cuz they're well-staffed. The general the Virginia General Assembly doesn't have that kind of resource available. […] Some of the major misconceptions is that: they do have to vote on issues ranging from shore disposal lines, to zoning, to City Charters, to disability issues, They've got just like all sorts of things that they have to have some level of knowledge about. And, it's a really demanding kind of portfolio that they have to have. So I think that's one of the reasons why it's really important for all of us to get to know our legislators, and give them a real story, a real person, to associate with the issues.

 

[Molly]:                       Yes I definitely think I myself have been guilty of doing the whole like: “Politics is there a full-time job!” and you know, “We should you know everybody should be heard! Everybody should have their time!” In reality it's so much more nuanced than that, and, like, people who choose to serve, they're doing the best they can. But it's complex, and not everybody can do everything.

 

[Colleen]:                    That’s right.

 

[Molly]:                       Things that have happened, you know, this year, &, you mentioned that there was some success as far as the bills that we were involved with And I’m curious: what are the next steps for the general assembly going forward? And I would imagine, you know, in times like this, it's hard to know what the future might look like-- you know-- We don't know what it's going to be like for our country, and for this state, 3 months from now 6 months from now, given just the time, and all that's going on, but what do you see as far as next steps?

 

[Colleen]:                    The legislature passed a number of bills and funding Provisions to try to kind of mitigate the damage from […] and from you know the shutdown the school closures those sorts of things so I think it will be an interesting thing going forward to see whether the measures that they enacted are enough I do think that they are going to be continually having to reassess the impact on the economy and whether there are other steps to be taken to address that from our perspective the most serious consequence of the covid-19 has like a stews with serious consequences have been the the frigat number of deaths of people with disabilities especially the death of course so we will be looking forward to further up further actions that will help us to never ever ever have to see a day like that again!

 

The other serious consequence of course has been that our children with disabilities have suffered, a learning loss, that we may never ever get to repay. A loss of time for children with special education needs is just devastating. And, it will be a challenge with legislature going to see ways in which they can try to make up for that. Which. I think that some of that loss is just simply irretrievable. But I am hopeful that the legislature will continue.

 

 

[Molly]:                       I think for kids even, before, you know, COVID, school was complicated, and now with you know all this isolation, you know, you make a great point everything, and learning, you know they really won't get that back. So that's it that's a great point.

 

 

[Ren]:                          I think it's time to end on a HOPEFUL note, because it's really important. this is how the state runs this how we get things passed to protect people with disabilities. What are some ways that regular citizens just people, can keep getting info? And stay informed on a local level, and in figure out where to get that information, so that they can participate?

 

[Colleen]:                    disAbility Law Center has got regular legislative highlights that we post to our website you can find them under resources and that's a way that you can at least stay informed about what's going on in the legislative process we also offer letter that information to our Facebook page into other social social media tools I think that their most advocacy groups offer tools like that. and you can find out what initiatives are being undertaken by visiting with f of course. dLCV always welcomes volunteers from the community and we had some help from volunteers this year during the legislative process were hoping to get a little bit better at working with Volunteers in Webster process and that would be something we would love to have some help from from the community as well,

 

 

[Ren]:                          Colleen, thank you so much for doing me with us today I know that it's been a long, long several weeks for you! We appreciate you taking the time out to talk to us and give us this really cohesive wrap up!

 

 

[Colleen]:                    Thank you for having me!

 

 

The 2021 legislative session was a great one for dLCV and the people we serve. One of the most significant developments for dLCV was the passage of HB 1808 and SB 1154, two identical bill that will give dLCV unprecedented access to reports about abuse and neglect in the community. All providers who are licensed by the Department of Behavioral Health must report allegations of abuse and neglect into a Human Rights database operated by the state.

They must report the allegation within tens days and must report their findings within ten days after that. At that point, dLCV will have access to every allegation and determination. Because this will be hundreds of reports each week, dLCV plans to enter the reports into a database and will use that data to look for patterns and to identify especially problematic providers. This is similar to data analysis that we already do for incidents in state operated facilities.

The two bills have been sent to the Governor, who has until March 31st to act on them. We have asked the Governor to make a small correction to the language of the bill – if he does that, the legislature will take final action on the bill when it meets again on April 7th.

 

[Ren Fazuski]:             Thank you again to [our Executive Director] Colleen Miller this was a really incredible General Assembly session! We had so many amazing bills that DLCV was following (and going) through really looking forward to see how those play out. J

 

[Molly Carter]:           I mean, I'm just so happy to hear that all three of the bills that Colleen and organization and the people we work with were involved in were able to eat past I think that's a great achievement and something to email be really proud of and I hope that everybody listens date at least got some good information in it with little nuggets that they can use to be aware of what's going on here locally.

 

[Ren Fazuski]:             Absolutely!

 

[Molly]:                       Thank you all for listening to this episode of Rights Here, Rights Now, brought to you by the disability Law Center of Virginia we are available on Apple podcast Spotify and wherever you get your podcasts. Don't forget to subscribe, and leave us a review.

 

[Ren]:                          If you need assistance or want more information about DLCV, and what we do, as well as more General Assembly information, you can visit us online at: www.dLCV.org.

 

[Molly]:                       As well your favorite news app- You can follow us on Twitter, at disabilityLawVA. And please, share this with your friends, or family, or colleagues, anyone you want.

 

[Ren]:                          We also have a Facebook- that's at: The disAbility Law Center of Virginia we have a lot of hot stuff on there! Check us out.

 

[Molly Carter]:           All right: Until next time, I'm Molly Carter-

 

[Ren Fazuski]:             And I’m Ren Fazuski. And this has been Rights Here!

 

[Molly Carter]:           Rights Now!

 

 

 

                                                ***[End of Transcriptions]***