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Framingham social-services agency thinks the First Amendment is a conspiracy against it

In case you missed it, the South Middlesex Opportunity Council has filed a federal lawsuit against town officials and Framingham residents, charging them with conspiring to push disabled people out of town - which it claims is illegal under federal anti-discrimination laws.

Named in the suit are selectmen, Planning Board members, Town Meeting members and residents who run Web sites and forums where people have raised questions about SMOC expansion in Framingham, such as the Framingham Neighbors Website and Stop SMOC.

It's bizarre to see a social-services agency file a SLAPP lawsuit (generally filed by evil corporations) that, in the end, will be dismissed and only end up costing people exercising their constitutional right to free speech - and SMOC - tens of thousands of dollars. It's also likely to turn SMOC moderates into SMOC haters (the MetroWest Daily News explains just how misguided the suit is).

Chuck Tanowitz, who runs a Newton forum, is already worrying:

... Regardless of whether (the SMOC allegation) is true, one part of the lawsuit is rather disturbing. Among the names of the defendants are a couple of private citizens who spoke out on privately-run electronic forums. Being someone who runs such a forum, this has me a little concerned. ...

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Comments

I don't know what it is, but I suddenly hate it ;-)

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I've read a number of articles about this and it is much more than a SLAPP suit - it is a lawsuit brought about because certain city councillors can't understand the meaning of laws intended to prevent harassment and discrimination.

It is a federal suit because there is some lovely evidence that Framingham has been conspiring to keep certain people out - and they aren't allowed to change the rules until they get somebody they like.

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since the defendants include people who are not part of town government. This infringes on free speech, no matter how worthy SMOC's goals are.

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Every time my agency opens a new group residence (we're primarily located in Boston, with a few houses in Chelsea and Revere), it's pretty heavily protested. Our programs are all for fewer than 12 people, which means that in terms of zoning, we're legally a single-family residence, so we can buy or rent any house we want. (The only licenses we need to have are the DPH stuff for having a staffed residence for people who aren't all legally competent, and so forth, but there's not a thing the local government can say about what houses we use.) The local residents, however, complain up the wazoo every time we're in the process of opening a new house -- including houses for people with severe disabilities who don't move independently or talk -- it's all clearly based on misperceptions that any person with a disability is a criminal and lowers property value.

OK, so, if someone with a disability moves in next door to me, can I mail them a letter saying I don't appreciate them lowering my property value? Is this free speech? I would think it would be discrimination and harassment. Why is it any different if it's sent to an agency that's helping house people? And why should it be any different if it's a larger-scale residence as opposed to someone living in an apartment? Yes, I know we don't have hate speech laws in the U.S., but we do have laws targeting organized harassing/intimidating speech, such as sending letters stating that a particular group of people are not wanted in the neighborhood, especially when it's based on false assumptions. This could also be defamation, given that it could pretty easily be proven that not every person in a given program is a criminal and whatnot.

In terms of tax money, I don't know the details in Framingham, but I know that my agency is funded entirely by state and federal moneys (DMR, DMH, DPH, Medicaid), so it doesn't matter what community we put our residences in. We also pay full taxes on all of our houses, because they're not in the name of someone living at the residence, so no residential exemption.

Also, what the hell is wrong with our society that there are so many people who don't understand that community housing and living in a nice neighborhood is one of the most helpful things in a person's recovery? There will be a lot more wasting of your tax dollars if we institutionalize these folks.

http://1smootshort.blogspot.com

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First Amendment. Are the people named in the suit targeting specific individual clients of SMOC's? Or are they targeting SMOC? Big difference. One's harassment, the other's discussion of public policy (and yes, NIMBY-tinged and all, but still).

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To elaborate a bit: Exactly how many facilities and offices should SMOC run in Framingham?

If you consider Framingham to be the heart of Greater Framingham (and every so often, newspaper and chamber-of-commerce types there try to convince the Census Bureau to designate just such an SMSA), is Framingham already providing a disproportionate share of what should be regional services, because surrounding towns are even more NIMBYish than Framingham? SMOC is targeted in particular because it's really sort of THE social-services agency in the area (it provides everything from substance-abuse services to low-income housing assistance).

And this isn't a particularly new debate. Even back in my Framingham reporting days (in the last millennium), SMOC and Framingham were debating this sort of thing. Obviously, the debate's ratcheted up a bit, but what's the alternative? Not let people discuss this? What would be next? Suing people who object to proposed school budgets?

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Again, I don't know the specifics of this agency, but all of the similar agencies I've worked for have received only state and federal funding. Oh, except for kids from 0-22, who receive town funding for educational services, but that's based on their parents' last residence -- if the child is in a residential program in a particular town, their home town still pays for it.

I think there is room for discussion about how tax dollars are spent, but if you look at the websites, there is a lot of targeting of the clients served by these agencies. There's talk about how "they" are going to commit crimes and lower property values. I think they should have some protections in terms of harassment and defamation. I don't think it matters that this isn't said directly to their faces -- actually, it's worse this way. Imagine finally moving into a program where you can get your life turned around, only to hear that a bunch of people in town who can't even be bothered to come introduce themselves have decided that you're not welcome in their town and you're going to cause trouble. Not super conducive to you getting your shit together and becoming a good neighbor. For my clients in group residences and supported apartments, one of the most helpful things they talk about is having neighbors introduce themselves and treat them like neighbors. You know, just like people do when people move in next door who don't have a label -- you assume they're kind and respectful neighbors until something happens to make you think differently.

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I still need to do more research on this, since I'm not sure how active the SMOC was in public discussions, but why not become part of those discussions and help people to better understand? It's easy to protest a concept, it's hard to protest an individual, meaning, in theory, if you invite people to a local coffee shop to meet the individuals moving in, they're less likely to show up with a protest sign.

If people are speaking publicly on a local board, why not become part of that discussion and help them truly understand the issues? If you've done that, what has been your experience there?

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My agency has attempted to do some of this, but there are often two barriers. One, the neighbors insist that they have no desire to meet "those people." Two, the folks being served are often not people who can make an informed decision whether to participate in advocacy. There are many adults with major mental illness (and some with mild mental retardation) who participate in advocacy organizations, but it isn't a huge number, and in any given group home that's moving in, you won't necessarily have any advocacy types. If the house is geared toward folks who are less independent and less able to make informed decisions, you can't just volunteer them to go and put themselves in the spotlight and show the neighbors how cute and cuddly and harmless they are. This is putting people with disabilities on exhibit, and it's a human rights violation. Again, if they're people who fully understand the implications of outing themselves and can give their informed consent, this is one thing. But there just aren't many folks with this decision-making capacity who live in a staffed residence; most folks involved in advocacy live in apartments with periodic staffed visits, so none of their neighbors even know they receive services.

I guess the thing that people fail to realize is that there's really nothing anyone can do about neighbors with disabilities moving in, unless they witness the folks breaking the law once they're moved in. From a legal standpoint, a group residence of 12 or fewer people is absolutely no different than if I were to rent an apartment with roommates and we hired staff to help us with our daily needs. It doesn't matter whatsoever if the folks have help renting the apartment, or whose name it's in; people just have no legal right to complain that their neighbors have disabilities. They can complain about observed behavior, such as noise or whatever, yes.

(And in my opinion, there's no good reason to have people living in group residences larger than 12 -- we all know that institutional living holds people back and community living helps them grow.)

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SMOC is a sh*tty neighbor. If they would bring cookies instead of lawsuits against people who voice their opinions, may be they would get a different reaction. SMOC has an arrogant attitude that if they are not accepted by locals, then they'll just sue residents into submission. The lawsuit is not the only act to support this.

Social services consume local resources like fire/ambulance etc. without paying for it. They also use infrastructure etc. so it does not matter where their financing is coming from.

SMOC twists words with "discriminating against disabled" while in many cases "disabled" means recovering junkies. Of course saying "discriminating against recovering junkies" does not sound inflammatory. Nice one!

"you're not welcome in their town and you're going to cause trouble. Not super conducive to you getting your shit together"
- yeah, why don't we put those services in Sudbury, Natick, Wayland .... oh wait the leadership of many social service agencies lives there! Framingham is a nice and convenient sh*thole, where land is cheap and commute is short.

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We all see now that Framingham has not a single drug addict, single teenage mother, homeless person, or mentally ill or retarded person generated within its unsullied boundaries. These SMOC people are just trying to import all THOSE people into fair Framingham just to be mean to you!

Framingham isn't a soverign city-state. People who live there, and the town government, are not exempt from state and federal laws no matter how much they feel like kings in their own court. Deal.

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There are group homes in Sudbury, Natick, and Wayland -- I've visited plenty to assess people when I worked in that area. But these were programs for folks who didn't travel independently in the community. Their programs were staffed 24/7, and they were taken everywhere in vans by staff. For folks who are more independent, it really doesn't make sense to live out in a suburb where there's nothing they can walk to or take public transportation to. Most recovering addicts are going to be independent-type folks who can take a bus somewhere and go grocery shopping alone, but most don't have a car or a license. So in order to facilitate maximum independence, it makes sense for them to live in a more urban area. Again, greater independence helps people make the best recovery. People don't do as well when they're capable of being independent, yet they live out in some suburb and have to be driven around in a van by staff to get anywhere.

And yes, people with substance abuse disorders have a psych disability. Some people have the misfortune of having a brain that's wired a little funny and/or traumatic experiences in their lives. Some combination thereof leads to symptoms of mental illness. For some people, this might be an eating disorder. For others, it might be strings of dysfunctional relationships. Or standing around muttering to oneself and seeing things the rest of us don't. Or not being able to stop smoking crack without a lot of hard work. We don't really know why one person might deal with things by slipping into a delusional world, and another might deal by drinking. So why on earth should we say that one of these people has an acceptable disability and is deserving of services, and the other one isn't? Why not just recognize how fortunate we are and have compassion for everyone who doesn't have it so easy?

(By the way, all of the folks I've worked with in publicly funded substance abuse programs also have major mental illness; these aren't folks who are going to instantly be really independent and functional once they stop using.)

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PTSD can really mess people up. Being in a War Zone can result in post traumatic stress disorder, and people may become involved in various sorts of anti-social activity, including drug abuse (aka "being a scummy junkie"), physical abuse of family and familiars, psycho driving, etc.

But Framingham can't have any of these people getting treatment and residential support in the communities they were raised in, no sir! No crazy psyco drug addicts allowed in their fair town.

Why do these people hate our soldiers so much?

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...yep, and they're getting fewer VA benefits, it seems. I don't really know much about how the VA works, so I can't comment on that end of it, but we're seeing returning veterans in the DMH/DPH programs, which never used to happen. It used to be that anyone who'd served was in the VA system, getting better services than other folks, and we never saw them. Now we're seeing them in our system. Anyone know why?

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Longer deployments and heightened awareness of mental illness = too many vets for too few treatment slots. The VA is turning people away or offering them very long waits. Some are committing suicide in the interim (there was a Boston Globe series on this earlier in the year).

I'm not sure how the National Guard deployments are also figuring in to this - these folks may be lower or non-priorities for VA mental health services and thus land in public health safety nets.

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Save your rage for the drunks and junkies you coddle on other people's dime.

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...what exactly do you do for a living?

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