Sunday, September 20, 2009

NY advocates upset that governor vetoes bill to increase penalties for anyone who abuses a person with a disability

From WTEN-TV in Albany, N.Y.:

WYNANTSKILL, N.Y. -- Disability advocates are outraged that a bill unanimously passed by the state legislature to better protect people with special needs has been vetoed by Governor Paterson. The bill would have increased penalties for those who abuse a disabled person, making it a felony. The news is devastating for families of the disabled.

We talked to a number of parents and advocates of disabled people who fully expected to be celebrating a victory. Instead they are overwhelmed with disbelief.

One family in Wynantskill is still coming to terms with losing their daughter this past spring, and this news only adds to their pain.

While clutching a picture of 37-year-old Pam Rockwell, Donna Rockwell remembers her easy-going spirit: "She always had a smile, always. She woke up with a smile and went to bed with a smile."

Donna and Charles Rockwell's developmentally disabled daughter died in a group home in May, amid allegations of abuse. While their case is still pending, they feel renewed grief after Governor Paterson's veto of a bill that would make abusing a disabled person a felony.

"It disturbs us to think Governor Paterson, who is responsible for making sure those without a voice are heard, exhibits a blatant disregard of the need for stiffer penalties," Rockwell reads from a written statement.

The Rockwells learned of the veto after visiting Pam's grave Thursday.

Michael Carey, another parent whose disabled child died in the care of others, had planned a press conference to celebrate the bill being signed into law. He was shocked when it became the opposite.

"I believe what the governor's done is disgraceful. It's a constitutional rights violation," says Carey. "I've asked for the governor to call me, I've asked other people to get back to me and explain to me, what's the reasoning behind vetoing this bill?"

The governor's office says certain language in the bill was unclear. Governor Paterson says he does support more severe punishment for caregivers who abuse the disabled.

The Rockwells still feel their governor has failed them. Donna Rockwell explains, "These kids cannot talk for themselves. We, looks like just the parents are going to be able to talk, and other people that care, because obviously the government doesn't care."

The Rockwells are not giving up hope that the legislature might override this veto.

Michael Carey is calling on the governor to do an immediate executive order on this bill.

Two other bills involving the disabled were also vetoed by Governor Paterson, adding to the frustration and anger among advocates.

One bill would clarify civil rights protections for people with disabilities. Another would make polling places more accessible to them.

Melanie Shaw, Executive Director of the New York Association on Independent Living, says, "There's surprise, and I think there is some anger, absolutely. Both these bills were bills that we've worked on for a number of years, and they were passed overwhelmingly by the state legislature."

Governor Paterson says the three disability bills and 15 others vetoed would have cost taxpayers $28 million in the next two years, including unfunded mandates on local governments.