For those who followed the long sought success in having Courts acknowledge that an early Rehabilitation Case concerning severe physical pain of Trigeminal Neuralgia  is mischaracterized (reported inaccurately) as a later ADA Case claiming a  Mental Disorder, here is recent correspondence on the matter but by a subsequent republisher of the false depiction.  We respect all such cases as being valid on their own facts and issues regardless whether physical or mental, and refuse to accept persons with disabilities of any type or the claims and self-descriptions that individuals set forth -  as if they can be validly interchangeable by observers; interchangeability is the mind of the observer with agenda, and we struggle to combat all prejudicial blurrings.

 

We continue to urge courts and culture take bodily pain seriously as a potentially disabling condition, and in any event refrain from trivializing it or making fun of any kind of disabilities or imputed disabilities - physical, mental, or otherwise. These detractions do nothing to expand on quality of life through education and awareness, and compassion. Respect for mental disabilities is also imperative.

*Nothing About Us without Us* must stand up to external distortions, and also, alas that they occurs, mockery, detraction, and prejudicial stereotyping.

 

In this instance, a court decided this was mischaracterizing "parody" (joke, however, not  explained) and dismissed a defamation and related claims by granting first amendment privilege in reportage. Key for us is that it was indeed held to be mischaracterizing.  When you bring your causes do not let dismissal on other grounds than accuracy bar your voice; identification of inaccuracies can go a long way to help everyone.

 

More can be said.  Keep on saying the truth all here. Serious pain is not a proper object of derision nor are any disabilities.

 

Best wishes,  Dr. L. D. Misek-Falkoff
 
For  Identification:  President and International Ambassador, The National Disability Party;
Member Planning Committee 57th Annual U.N. DPI NGO Fall Meetings at the U.N. in NYC;
Member Disability Caucus to the U.N. Disability Convention (Treaty);
Recording Secretary & Member of the Board of Directors, Communications Coordination Committee for the U.N.;
(www.cccun.org), Member Subcommittee on Older Women (of the Committee on the Status of Women; other U.N. and outside NGO's.
Internet Presence (Design, Use) 1960s - including member of design team for GML forerunner of HTML, XML, and founding/moderating online discussion lists.
New Discussion: http://www.yahoogroups.com/group/disab-defam-disc
Ongoing:  http://www.yahoogroups.com/group/picture-it-at-the_UN
 

----- Original Message from Pepperdine Law School and Law Review Professor -----

 

From: Gash, Jim

To: 'ldmf@...'

Sent: Friday, July 23, 2004 5:12 PM

Subject: Earlier Phone Call

Linda,

 

Thank you for taking the time this morning to educate me on your concerns with Bryan Stephenson's reference to you and your case in his recent law review article in Pepperdine's Law Review.  Thank you also for educating me with respect to your physical condition and your extensive background in law, human rights, and with respect to your tireless work on behalf of the disabled.  I commend you for your efforts and wish you success as you deal with the United Nations.  I also congratulate you on your work with the new Party you now lead.  Most importantly, I pray that you will have relief from the pain and health difficulties with which you are courageously struggling.

 

I have now had an opportunity to review briefly Bryan's reference to you and the lawsuit he cites as the source of his brief reference to your case.  I have consulted with Associate Dean Cupp about the concerns you raised and have given him my thoughts.  Further action or communications, if any, will handled by him or those he designates.  In any event, thank you for bringing this matter to my attention.

 

God Bless You,

 

Jim