DD Council tells lawmakers: ‘Be sensitive’

By Marian A. Maraya

Staff Reporter

The Governor’s Developmental Disabilities Council has urged the Legislature to exercise more care in the creation of policies that contain language discriminatory of individuals with disabilities.

DDC Executive Director Thomas J. Camacho yesterday prodded policymakers to eliminate existing and future policies that tend to discriminate or prevent persons with disabilities from fully participating in decision-making processes.

GDDC raised such concerns after reviewing the proposed bill “Local Law and Municipal Act of 2000,” a piece of legislation that, according to Mr. Camacho, contains language that may discriminate or may prevent interested potential and qualified individuals with disabilities to seek a seat in the CNMI Municipal Council or Mayor’s Office, or even attend municipal council meetings open to the public.

“Based on the language listed, we have determined it a pre judgment that individuals with physical or mental disabilities are not able to nor capable of performing the essential functions or duties and responsibilities of a Municipal council member or Mayor because of their disability,” said Mr. Camacho.

If lawmakers where to pass the bill retaining the existing language, it would be similar to concluding that legislators agree that persons with disabilities should not be included in boards, commissions, and councils because of their incapacity to discharge their duties of office, (with or without reasonable accommodation) by reason of their disability, according to Mr. Camacho.

He added that if the proposed measure sees passage, it will be inconsistent with the DDC and the Federal Developmental Disabilities Assistance and Bill of Rights principle on full inclusion and integration, as advocates of Title II of the Americans with Disabilities Act covering state policies and practices.

“This bill as it stands may be classified as a violation under the ADA covering the provision on a “discrimination is about to occur”. The proposed policy as written can be perceived as a label, stereotype, myth or fear about an individual with a disability either mental or physical,” he said.

He pointed out that the proposed legislation is promoting a barrier towards opportunities for individuals with disabilities to participate in community decision-making tasks.

“The bill looks at an individual’s disabilities rather than abilities. Most people who acquire physical or mental impairment in their adult lives continue to function after proper rehabilitation and the use of assistive technology,” he added.

In a letter addressed to House Speaker Benigno R. Fitial, Mr. Camacho sought to remind lawmakers GDDC’s principal mission which is to bring about necessary systemic change in order to promote the lives of persons with developmental disabilities.

He explained that the agency’s mission is designed to create a service network that would provide persons with developmental disabilities the programs necessary to enable them to achieve their maximum proposal.

The council, according to the official, promotes through systemic change, capacity building, and advocacy services, a statewide, consumer and family-centered, comprehensive system and a coordinated array of services, supports, and other assistance for individuals with developmental disabilities and their families

The Developmental Disabilities Assistance and Bill of Rights Act of 1990, Public Law 10-496, through the Developmental Disabilities Basic State Grant, assures that all persons in the CNMI with developmental disabilities receive the services and other assistance and opportunities necessary to enable such persons to achieve their maximum potential through increased independence, productivity, and integration into the community.