Excerpt from “Lack of Appeal” by Nick Valenzuela

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“Mr. Chair . . . Mr. Vice-Chair . . . if I may . . .” Jonah methodically asks as a statement, since he’s about to address the board and the membership, ready-or-not.  “–Excuse me, Jonah Penzik, advocate, professor, Disability Action Network board member, and a person with a disability . . . I hear what you both have been saying, Lester, Jonathan . . . and, I know I’ve missed the last meeting or two here, so please forgive me if I’ve missed some key things while I’ve been gone.  But, what I’m hearing, is that the Disability Action Network is having meetings with the Civil Relations Commission, and Public Works, and even trying to do so with the state Civil Rights Commission.  And maybe talking is good, or can be good, with what’s going on, I don’t know, since I haven’t been able to be at the last meeting, like I said.  But, what I do know is that–Jonathan: I, myself, have been a Chair of the Civil Relations Commission, back in the 1980s, when there was just an Anti-Discrimination Panel of Commissioners.  And, what I learned at that time, was that sometimes, all the talk in the world may sound like things are good, sound like things are going somewhere, and everyone gets their assignments from the meeting, or their promises are made to everyone, or there’s a commitment to change . . . and then, they all meet again for the next meeting (!).”

Jonah rears up some in his seat, breaking no stride.  Same with me on my notes.

“What I propose, Mr. Chair, Mr. Vice-Chair . . . Disability Action Network membership . . . what I propose is, is that this coalition retain an attorney, or maybe even a team of attorneys, and, quite frankly, if nothing is being done, substantive, as it sounds like to me, then, we sue the bastards (!).  As many of you know, I was a lead Complainant in the 1970s in one of the first lawsuits filed under the Rehabilitation Act against the federal government, back when the federal government was discriminating against us, as people with disabilities.  And this was long beforethe ADA, the Americans with Disabilities Act, before the ADA was passed, through our efforts to lobby Congress, when we got out of our wheelchairs, when we got on our hands and knees, and we climbed the steps of every god damn federal building in Washington, to make our point, that people with disabilities have rights.  We have rights, we are people who are discriminated against, just like our other brothers and sisters who’ve been oppressed throughout recent history in this country, based on their race . . . their color . . . their religion . . . their labor exploitation.  People with disabilities, we’re looked on like garbage–pardon my language, but it’s the truth, and we have to empower ourselves first.  And when those agencies, like the ones that–excuse me here, Alex–Alex here, he works for the Civil Relations Commission, and the other agencies like the state Civil Rights Commission, the Mayor’s office, Public Works . . . when they don’t do their jobs, then you sue them, too!”  Jonah pauses.  “Now, I know we, as a Network, have limited resources, and at this point, not to be offensive to anyone, but I don’t know how viable we are as a coalition, to engage in litigation, to force these do-nothing agencies to make these changes.  Jonathan already spoke about the lawsuit in the public accommodations case, the Bar & Grille, that treated George like crap, and action was taken, and through the courts, not through talking.  We as a coalition have to decide where the best course of meaningful action is to be taken, and the whole time that we talk, in meetings with the Civil Relations Commission, and here at these monthly board membership meetings, the streets: they are crumbling.  And literally: they’re falling apart, and here, we–I advise us, Mr. Chair, to go ahead and make the enforcement efforts.  Public Works is not gonna do it.  The Mayor’s office is not gonna do it.  The Civil RelationsCommission is not gonna do it.  We know that, because we’ve talked, and we’ve asked, and we’ve begged, and nothing gets done.  And this is nothing against Alex, we all know he’s committed to do his work, we hear him at these meetings, and efforts.  But he’s beholden to the Mayor.  Just as Brenda is, and Civil Relations Commission staff.  And, Jonathan, you’re appointed by the Mayor to be on the Commission Advocacy Board.  And of course, Public Works, they’re also city government . . . and the state Civil Rights Commission is beholden to the Governor–and don’t get me started on him–and these politicians work together, states and cities.  It may be time to file with the federal government, and stop the banging of our heads against this Mayor’s wall.  So . . . that’s what I wanted to say here, tonight.  Mr. Chair.”

I’m furiously note-taking.

​“Well, Jonah,” Jonathan slightly-laughs, “just because I’m on a Mayor-appointed board doesn’t mean that I advocate for us any less.  There definitely is the role of enforcement, and, as you and anyone should know about me, I’m an attorney, I work directly with the courts, and litigation can certainly work in some instances.  The problem with the courts, and with the administrative law processes, as you know, is that it can take years to get a judgment on a case, and by that time, all the original players are gone, moved on, moved out of state, or, in some cases, have even died,” Jonathan continues with a slight laugh, “before someone can even think about getting the remedy for the damages they’ve incurred.  I know talk can be cheap, or can be viewed as cheap, but at least a few of the issues we used to talk about here at these meetings have been addressed.  And some for the better, just by open lines of communication with the respective agencies and their directors.  And that includes with the Mayor’s deputies, or at least a few of them . . .”

Mason rocks back and forth with his body wildly in his motorized wheelchair . . .