California: Plaintiffs Appeal Dismissal of Assisted Suicide Lawsuit Under the ADA and US Constitution

Diane Coleman, President and CEO of  NDY (Not Dead Yet) [pictured right]

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Today, the 34th Anniversary of the passage of the Americans with Disabilities Act (ADA) is the the perfect day for an update on the groundbreaking lawsuit, United Spinal v. California, which challenges the California assisted suicide law as violations of the ADA and the U.S. Constitution's Due Process and Equal Protection provisions. The federal District Court dismissed the lawsuit in the spring and plaintiffs promptly gave notice that we would appeal. This week, United Spinal Association, Not Dead Yet and the other plaintiffs filed our appeal. Here is the press release:

FOR IMMEDIATE RELEASE

Disability Organizations and Individuals Partner to Appeal the Deadly and Discriminatory Public Policy of Physician-Assisted Suicide California Law Unlawful and Unconstitutional.

Not Dead Yet: "Medical Aid in Dying" is a Marketing Term

Not Dead Yet is a national disability rights organization focused on combatting disability based healthcare discrimination, particularly in the context of advanced or terminal illness. We are extremely disappointed that HPNA [Hospice and Palliative Nurses Association] would consider adopting a “stance of engaged neutrality” regarding whether assisted suicide should be permitted or prohibited. We urge HPNA to reverse course.

Moreover, although the proposed position statement [download available here] claims neutrality, its content reads like a defense and sometimes an outright promotion of a public policy of assisted suicide. Although only 11 jurisdictions have legalized the practice, HPNA’s statement says, “All hospice and palliative nurses should develop competence and mastery regarding MAiD in the domains of education, clinical practice, research, advocacy, and leadership.” HPNA appears not to have considered the views of either palliative care experts or disability rights activists who oppose the practice. The statement includes only limited references and minimal tolerance toward nurses who object to the practice.

HPNA tries to explain why assisted suicide should be referred to as “medical aid in dying” or MAiD for short. These are marketing terms. As Dr. Ira Byock, a palliative care specialist has written, “‘aid in dying’ makes it sound like giving someone a lethal drug is an extension of hospice and palliative care. It is not.”

Today is World Elder Abuse Awareness Day

By Diane Coleman 

Today is World Elder Abuse Awareness Day. According to the National Council On Aging:

Approximately one in 10 Americans aged 60+ have experienced some form of elder abuse. Some estimates range as high as five million elders who are abused each year. One study estimated that only one in 24 cases of abuse are reported to authorities.

… In almost 60% of elder abuse and neglect incidents, the perpetrator is a family member. Two thirds of perpetrators are adult children or spouses.

Boston Globe: “For Assistance in Dying, Please Press 1”

By Diane Coleman (pictured right) 

Liz Carr’s documentary, “Better Off Dead?”, continues making a difference, serving as a wake up call about the dangers assisted suicide laws pose for people with disabilities. A Boston Globe columnist noted this week:

The most chilling detail in “Better Off Dead?” a new BBC documentary by the English actress and comedian Liz Carr, is an automated telephone message. …

Thank you for calling. The Ontario Medical Assistance in Dying Care Coordination Service is designed to provide information about end of life options in Ontario and referrals for Medical Assistance in Dying. If you would like to speak with an adviser to access the service or get more information, please press 1.

Assisted Suicide & Euthanasia Highlights

1.  Alex Shadenberg, Head of the Euthanasia Prevention Coalition (pictured): "With the legalization of euthanasia throughout Canada, Canadian life spans have dropped for three straight years, from 2019 to 2022." https://www.choiceillusion.org/2024/05/canadas-life-span-drop.html

2.  Margaret Dore, “In Oregon, Other Suicides Have Increased with the Legalization of Assisted Suicide.” The financial cost is “enormous.” https://www.choiceillusion.org/2017/08/in-oregon-other-suicides-have-increased.html

3.  Diane Coleman, “A Short History of Assisted Suicide; Is Canadian Style Assisted Suicide/Euthanasia Coming to California?,” https://www.choiceillusion.org/2024/03/a-short-history-of-assisted-suicide-is.html

Actress and Activist Liz Carr Creates “Blistering” Documentary On Assisted Suicide

By Diane Coleman, Not Dead Yet.  Original publication 05/16/24.

Liz Carr’s newest groundbreaking documentary on assisted suicide is a in-depth exploration of the emotions and societal pressures that lie at the heart of disability opposition to a public policy that threatens ours lives. The Guardian called it “blistering.” Her gripping and personal narrative, a must-see tour-de-force is available HERE for now. ...

In 2013, Liz Carr created a two part BBC documentary called “When Assisted Suicide Is Legal” about what she called her Euthanasia Road Trip in Europe, Oregon and Washington State. NDY covered Part 1 and Part 2 with excerpts and commentary in our blog, and the audio documentary is still live online:

Not Dead Yet: New Rule Prohibits Discrimination in Suicide Prevention Services

By Diane Coleman (pictured here).

May 3, 2024

Last November, Not Dead Yet (NDY) filed a Public Comment on HHS/OCR Proposed Section 504 Healthcare Regulations. This week, the Department of Health and Human Services announced the finalization of the new regulation prohibiting disability discrimination in healthcare under Section 504 of the Rehabilitation Act.

While the primary focus of our public comment was the denial of life-sustaining healthcare treatment based on negative disability biases, we mentioned the issue of equality in suicide prevention as well, for example, here:

As HHS has indicated in its discussion of the proposed rule, biases about the impact disabilities have on “quality of life” are endemic among medical professionals. One manifestation of these discriminatory attitudes is the failure to treat suicidal depression in people with disabilities, including older individuals, although other people with suicide ideation are routinely offered suicide prevention services.

A Short History of Assisted Suicide; Is Canadian Style Assisted Suicide/Euthanasia Coming to California?

By Diane Coleman 

A California State Senator, Catherine Blakespear, introduced a bill (SB 1196) earlier this month that resembles Canada’s law and, here in the U.S., reflects the broad agenda openly espoused by the Hemlock Society and Final Exit Network. The agenda of these organizations has long included eligibility for people with non-terminal conditions and disabilities.

When Not Dead Yet activists joined me in attending Jack “Dr. Death” Kevorkian’s trial in the late 1990s, Hemlock’s executive director Faye Girsh was there supporting him. Two thirds of his body count consisted of people with non-terminal disabilities. Girsh also advocated eligibility for people with cognitive disabilities and dementia, with or without consent. Leaders also advocated active euthanasia and “mercy killing.”

Access Living’s Amber Smock Quoted Extensively In Chicago Tribune

By Diane Coleman [pictured here]

Three days ago, Amber Smock, Vice President of Advocacy at Access Living, was quoted extensively in a Chicago Tribune article about Illinois’ assisted suicide bill. Today, the editorial board of the Tribune took a position opposed to the bill.

The March 5th article, “Should Illinois become a ‘right-to-die’ state? Lawmakers consider end-of-life option for terminally ill adults,” covered both sides. Here is the segment giving Access Living’s perspective as a disability rights organization:

Yet some disability rights advocates warn that the measure could put vulnerable populations at risk, including seniors, disabled folks and people with mental health issues.

Anita Cameron’s Powerful Statement At Maryland Press Conference

By Diane Coleman

On February 8, the Maryland Senate's Judicial Proceedings Committee held a public hearing on a proposed assisted suicide bill (SB0443). That morning prior to the hearing, the Patients Rights Action Fund organized a press conference of opponents. Anita Cameron represented Not Dead Yet and made the following compelling arguments against the bill:

I'm Anita Cameron, Director of Minority Outreach for Not Dead Yet, a national disability organization opposed to medical discrimination, healthcare rationing, euthanasia and assisted suicide.

SB 0443 will put sick people, seniors and disabled people, especially, at risk due to the view of doctors that disabled people have a lower quality of life, therefore leading them to devalue our lives.

Anita Cameron: "My Mum Didn't Die"*

Good morning. I’m Anita Cameron, Director of Minority Outreach for Not Dead Yet, a national, grassroots disability organization opposed to medical discrimination, healthcare rationing, euthanasia and assisted suicide.

Assisted suicide laws are dangerous because though these laws are supposed to be for people with six months or less to live, doctors are often wrong about a terminal diagnosis. In 2009, while living in Washington state, my mother was determined to be at the end stage of chronic obstructive pulmonary disease. I was told her death was imminent, that if I wanted to see her alive, I should get there in two days. She rallied, but was still quite ill, so she was placed in hospice. Her doctor said that her body had begun the process of dying.

Though she survived 6 months of hospice, her doctor convinced her that her body was still in the process of dying, and she moved home to Colorado to die.

My mum didn’t die. In fact, six weeks after returning to Colorado, she and I were arrested together in Washington, DC, fighting for disability justice. She became active in her community and lived almost 12 years!

Diane Coleman's Letter to Members of the Victoria Legislative Council Opposing Assisted Suicide

Diane Coleman, JD

I am writing behalf of Not Dead Yet, a national disability rights group in the U.S. that opposes legalization of assisted suicide. We understand that a proposal in Victoria would pertain specifically to neuromuscular disabilities. This letter will focus on misdiagnosis and the uncertainty of terminal predictions by doctors, as well as the significance of breathing support for those of us with these conditions. My own experience illustrates the issues.