Why Independence Day Never Comes for Gregory Demer
Autistic Man Yearns for Freedom
by Thomas F. Coleman
As Americans from coast to coast are celebrating Independence Day and cherishing their
personal freedoms on July 4, there is one young
man in Los Angeles for whom this special day
rings hollow. For him, the bedrock principle of
independence is something he dearly wants in
his life but is prevented from experiencing
because of judicial tyranny.
Those who settled the American colonies were
able to free themselves from tyranny. It was a long and hard
struggle but they finally gained
independence. Throughout the
years, the basic principles of freedom became enshrined in the
Declaration of Independence, the
Bill of Rights, and the Fourteenth
Amendment.
Taken together, these documents
acknowledge that every American
is entitled to the pursuit of happiness, freedom of association, freedom of religion, and to liberty in highly personal matters
such as family relationships.
These freedoms have not always been applied to
people with disabilities. Adults with disabilities,
especially those with intellectual and developmental disabilities, were often not viewed as
Americans who possessed a full panoply of
constitutional rights.
Whether it was due to discrimination or paternalism, decisions were often made for them, not
by them. Society did not view them as being
capable of self determination and independence.
Then came the disability rights and independent
living movements. Attitudes changed and so did
American politics. The Americans with Disabilities Act was signed into law in 1990. It was
foreshadowed by the Lanterman Act in California more than a decade earlier. Both laws
protect the right of people with disabilities to
full participation in society and to make their
own decisions. If they need some help in doing
so, then society has promised – through these
laws – they are entitled to receive
such assistance.
When Gregory Demer turned 18,
his mother realized that her son
would need help in making certain
major life decisions, such as financial, medical, and educational.
She sought and obtained a limited
conservatorship for him, California’s terminology for an adult
guardianship. Gregory retained
the right to make his own social
decisions. His freedom of association remained
in place.
As is often the case after a divorce, Gregory
lived part time with each parent. But his pursuit
of happiness eventually led him to a more independent life. With the help of support staff,
Gregory is able to have his own apartment. He
has part time jobs, does volunteer work for
nonprofit organizations, and enjoys various
hobbies and recreational activities.
Gregory liked his independence and often chose
an optional activity on a weekend rather than
visiting with his mother or father. His mom was
fine with that, but not so his dad. Gregory’s
father wanted to pick up his son every Sunday
and take him to church. Gregory, now in his
twenties, did not want to go to church. His
conservator and support staff at the time found
nothing wrong with Gregory making his own
decisions as to how to spend his Sundays.
Thus Gregory experienced a typical generational
battle over church between a parent and an adult
child. Such disagreements are not uncommon in
family relationships. Usually the adult child
wins the battle because adults have the right to
choose what to do in their lives.
Gregory also had a resistance to spending time
with his father, partly because of the forced
church attendance and partly for other serious
reasons that will not be addressed here. But
Gregory had valid reasons for not wanting to
visit with his dad.
In situations involving people without disabilities, an adult’s decision not to attend church, and
to visit a parent if and when he wants to, would
have ended the matter. But in Gregory’s case,
his father enlisted the power of the court. Unfortunately for Gregory, government tyranny
would prevail over independence.
The father obtained a court order forcing Gregory to visit with him every third weekend.
Then, when Gregory would resist by leaving
home prior to his father’s arrival to pick him up,
the court ordered the support staff to “prompt
and redirect” (trap) Gregory so he could not
leave. Another court order gives the father
authority to decide Gregory’s activities during a
forced visit. The father makes Gregory attend
church despite his wish not to do so.
Gregory has gone to court on many occasions –
Department 29 of the Los Angeles Superior
Court – where judges have consistently reaffirmed the orders on forced visitation and all
they entail. Constitutional rights of freedom of
association and freedom of religion, and civil
rights under the ADA and the Lanterman Act,
have no force and effect in Department 29. In
that courtroom, the Constitution has been
suspended, at least in Gregory Demer’s case.
Another one of Gregory’s First Amendment
rights rings hollow – the right to petition the
government for redress of grievances. Gregory
has been petitioning government officials for
years that he wants to be “misery free” and
“independent.” He has complained about the
forced visits and mandatory church attendance
to judges, court investigators, conservators, and
court-appointed attorneys – all to no avail. They
hear the words, but because he has a disability
they won’t respect what Gregory says.
Year after year, Independence Day comes and
goes in the life of Gregory Demer. He sees
others celebrating. He knows that the word
“independence” carries a special meaning. In
fact he uses the term when he tells the judge that
he wants to be independent.
Gregory may not understand the word “tyranny”
but he experiences its effects in his life. All that
Gregory wants is to be “misery free.”
My hope for Gregory Demer on this July 4,
2015, is that he gets his wish and gets it soon.
Thomas F. Coleman is the legal director of the
Disability and Abuse Project of Spectrum Institute. He recently filed a civil rights complaint
with the United States Department of Justice on
behalf of Gregory Demer. The complaint seeks
federal intervention to protect Gregory’s rights
under the Americans with Disabilities Act.
www.spectruminstitute.org/doj
[email protected]