(This is a fairly straightforward story about the legal case, but I recommend my readers go to this story link because few of the reader reactions posted to it are in support of Freeman's rights and seem to be more about "blaming the victim.")
Freeman, 35, a quadriplegic, needs five hands-on assistants to monitor his life-saving equipment and assist him with breathing, eating, toileting and more. With the assistance of these caregivers, who are paid less than $10 an hour, Freeman graduated from Chemeketa Community College in 2006 and lives an independent life.
However, due to the low pay, he is down to two caregivers, and his lawyers are asking that the state mandate that caregivers be paid at least $12.90 an hour.
"My present situation is very precarious. I am experiencing a lot of anxiety and I fear that I will not be able to find sufficient caregivers without further financial aid and support from the state, " says Freeman, who wants to continue living independently. "I am absolutely unwilling to go to an adult foster home or nursing facility, as I would lose my freedom to come and go as I please, I would lose my ability to choose my caregivers, I would lose my pets, and I believe that with my skin problems, general condition and depression, my overall health would significantly decline."
The Statesman Journal says:
The federal civil-rights lawsuit asks that the state be required to provide enhanced caregiver compensation so that Freeman can hire the help he must have to deal with his daunting disabilities.
Under contract terms with the state, average pay for Oregon's 11,500 unionized home health care workers is slightly less than $10 per hour. To recruit and retain caregivers for Freeman, the state must pay at least $12.90 per hour, his lawyers say. The state also has to ensure that his caregivers get proper training, the lawsuit asserts.
A federal judge has issued a temporary ruling in Freeman's favor. A week ago, U.S. District Court Magistrate Thomas Coffin ordered the state to provide Freeman with five caregivers at the $12.90-per-hour rate. Coffin also directed the state to supply
Freeman's caregivers with training provided by a licensed registered nurse.Freeman's lawyers are asking for a permanent court order that would enforce the higher pay rate. Opposing lawyers are expected to make oral arguments before Coffin at a hearing this summer.
