Formal Complaint to the Health and Human Services Office of Civil Rights

March 15, 2009 

 

Robinsue Frohboese

Health and Human Services

Office of Civil Rights

400 Independence Ave.

Washington DC

 

Dear Ms. Frohboese, 

 

Please accept this letter as a formal complaint to the Office of Civil Rights regarding the following violations of the American with Disabilities Act, Title II by the state of Texas.  I am making this complaint to your office on behalf of Community Now! a statewide non-profit organization in Texas with a mission to ensure inclusive communities for people with disabilities. 

 

The contents of the complaints are as follows: 

 

1. The state of Texas has more state institutions for people with intellectual disabilities than any other state with more people residing in these restrictive settings. In 2006 and again in 2008, the Department of Justice sent formal letters to Governor Perry outlining numerous Civil Rights Violations.  These violations included the right be free from abuse and neglect and the right of institutionalized individuals to choose to live in a community setting. 

 

Last week, it was reported that several individuals residing at the Corpus Christi state institution were forced to engage in what amounted to a “Fight Club”.  These individuals were compelled by state institution employees to fight one another for the entertainment of the staff.  Physical and emotional abuse was apparent through videos taken by one of the staff members over a year’s period of time. Arrests have been made with charges of a Class 3 Felony.

 

Other reports include the facilitation of these so called “Fight Clubs” in Mexia and San Angelo state operated institutions.  Clearly, Texas continues to put their most vulnerable citizens at risk despite ongoing scrutiny of the Department of Justice. 

 

We ask that these incidents be carefully investigated and that the Corpus Christi state institution be closed with all haste.  Residents must have every opportunity to move to a setting of their choice.  We also ask that a Conservator be assigned with complete oversight authority at all 13 facilities to ensure the safety of individuals residing at these institutions.  Finally, we request that the Office of Civil Rights do whatever else is in their authority to remedy this horrific situation including Federal Hate Crime charges for those state institution employees involved in the abusive “Fight Clubs”.

 

2. Texas currently has 88,000 people with disabilities waiting for community services offered through numerous waiver programs.  The number of individuals on this list continues to grow at an alarming rate.  We ask that the Office of Civil Rights investigate what appears to be an Olmstead Violation by the failure of the state of Texas to reduce the waiting lists at a reasonable pace.

 

3. Texas currently provides the lowest wages and benefits for community direct care workers which continues to inhibit the development of a solid community services infrastructure for people with disabilities.  We ask that the Office of Civil Rights investigate this issue as well.

 

 

We respectively request that an investigation begin with all haste regarding the above mentioned complaints and that the Office of Civil Rights ensure accountability utilizing every authority allowed.  The very safety of our most vulnerable citizens is at risk with the continued inability of the state of Texas to provide safe conditions at state operated institutions and comply with the Olmstead Decision.   

 

Thank you for your time and consideration of these complaints. 

 

Sincerely, 
 

Jeff Garrison-Tate

Senior Legislative Advocate 
 

CC. Mary Gilber

       Ralph Rouse