Mr. OWENS. Thank you, Ms. Lyons.
Ms. Smith.

STATEMENT OF ELEANOR SMITH

Ms. SMITH. My name is Eleanor Smith. I reside in a nursing home right now. I am an active-minded person though physically disabled. I would have preferred to be able to live outside the nursing-home in order that I might have independence to arrange my living style to meet many basic rights not currently available through a nursing home residence. These basic needs and rights includes as follows: The right to maintain the privacy of telephone calls and mail and correspondence. The right to have some input into my general care and therapy. The right for a quiet surrounding with those facilities are not accessible to me that would enable me to do the personal tasks I would wish to do.

Mr. OWENS. Thank you, Ms. Smith.

Ms. Levin is the coordinator of death services, supervisor of occupational therapy, department of mental health. Ms. Levin.

STATEMENT OF MARILYN LEVIN, SUPERVISOR, OCCUPATIONAL THERAPY, DEPARTMENT OF MENTAL HEALTH, MASSACHUSETTS Ms. LEVIN. Good afternoon. My name is Marilyn Levin and I am very pleased to be here to testify today on behalf of Edward M. Murphy, Commissioner of the Massachusetts Department of Mental Health, a State agency which serves over 100,000 individuals with mental illness in the Commonwealth.

The millions of people across our Nation who are stricken with mental illness face numerous instances of discrimination and oppression on a daily basis. They and their families and the professionals who work with them are stigmatized for an illness they did not cause nor control. The dictionary defines stigma archaically as a mark burned into the skin of a criminal or slave. And, today, a mark or token of infamy, disgrace, or reproach.

Throughout history, people with mental illness have been viewed as weak-willed, violent, morally defective, and less than human. People with mental disorders have been herded into jail-like asylums along with the poor and criminals. Mental patients have been isolated, chained and beaten, and abused. At one time, tickets were sold to the public to watch the, quote, lunatics, as entertainment, adding to the degradation and brutality. Is it any wonder, then, that the legacy today are views of the mentally ill as dangerous and criminal, objects of ridicule and blame, people to be shunned and abused.

The mentally ill are among the two largest disability groups in America. Yet, they are the least known. And they receive the least public support. Research into the causes and treatment for mental illness is minuscule. Major forms of mental illness such as schizophrenia and manic depressive illness are biochemically based diseases of the brain. Schizophrenia strikes approximately 1 out of every 100 Americans. There are over 2 million schizophrenic individuals in the United States.

Contrary to popular myths, persons who are mentally ill are not criminals. In fact, the mentally ill are far more likely to be victims

of violent crime than perpetrators of such crimes. Given a supportive environment and appropriate medical treatment, mentally ill persons can live and work successfully in our community.

The stigma of mental illness stemming from public ignorance, prejudice, and superstition adds to the already terrible burden and anguish imposed by the illness. Our clients face exclusion from jobs, housing, and the basic rights that all citizens should enjoy.

Due to discrimination and lack of resources, many of our mentally ill citizens are among the growing numbers of homeless. The Massachusetts Department of Mental Health has initiated a major campaign to combat stigma in the Commonwealth. We have joined with newly empowered consumers and family methods. Our methods are educational and consciousness raising. The proposed legislation will provide the legal basis to eliminate discrimination due to handicap in many important areas of public life.

The mental health community of consumers, providers, advocates, and professionals will continue to work to eliminate attitudinal barriers. The proposed legislation will mandate behavioral change. Both efforts are necessary and complementary.

The Department of Mental Health is in full and unequivocal support of the proposed national disabilities rights legislation. Passage will bring our Nation forward in expanding rights to the least represented and most stigmatized in our society. Thank you.

Mr. OWENS. Thank you.

I want to thank all the panelists. Thank you very much for your testimony.

The next panel consists of Shelly Lemilim, Joe Malle, and Barbara Waters. You may begin.

STATEMENT OF BARBARA WATERS, MASSACHUSETTS

Ms. WATERS. I started attending a Massachusetts State college part time in the fall of 1985. Between then and the spring of 1987, I had many epileptic seizures on campus with no repercussions. Suddenly, in the spring of 1987, with the advent of an administrative change at the college, I was asked to leave the college due to the seizures.

The fact that I had contributed a lot of time to the college programs and had a high grade point average and was a committed student did not matter. Neither did the fact that I was the leadership behind the college's first Handicap Awareness Day. I was told that I was a liability risk. I was also informed by the administration that I was disruption, even though my professors and classmates did not feel that way.

Mr. OWENS. Excuse me 1 minute, Ms. Waters.

Could we please clear the door? The noise level is too high. We cannot hear. Can you please close the door?

I am sorry, Ms. Waters. Would you continue?

Ms. WATERS. It was only the threat of legal action by the Disability Law Center of Boston that caused the college to back down. I was able to stay in the school and, hopefully, will graduate next year, only due to the intervention of the lawyers. But the fact that this occurred in the middle of the semester did affect my studies that semester and that is all I have to say. Thank you.

Mr. OWENS. Did you mention the name of the college?
Ms. WATERS. Excuse me?

Mr. OWENS. Did you mention the name of the college?

Ms. WATERS. No, I did not. Would you like me to? It is Salem State College.

Mr. OWENS. Thank you.

Mr. Mallen.

STATEMENT OF JOSEPH MALLEN, PORTSMOUTH, NH

Mr. MALLEN. My name is Joseph Mallen and I live in Portsmouth, NH. Some of the problems facing handicapped citizens today are as follows: There is not enough of handicap accessible transportation. A disabled person cannot have a job if he cannot get transportation to get there. Also, narrow aisles in stores make it difficult, if not impossible to shop. Public restrooms that are not always stocked with paper towels pose a problem because it means that a person has to use the air blower to wipe their hands and they are almost impossible to use, especially for people who use crutches. Buildings that do not have ramps pose a very frustrating situation for people in wheelchairs who want to get into a building but cannot because of the lack of a ramp.

These are just some of the problems facing handicapped citizens today. That is why I urge you to support H.R. 49, the Americans With Disabilities Act of 1988. It will help all citizens with disabilities live more independent and productive lives.

Mr. OWENS. Thank you, Mr. Mallen.

Shelly Lemelim.

STATEMENT OF SHELLY LEMELIN, DOVER, NEW HAMPSHIRE Ms. LEMELIM. My name is Shelly Lemelim. Social Security is on the mind of most of the disabled population. I personally have experienced many situations in which buildings were not accessible. When I moved into an apartment on my own nearly 2 years ago, at the main entrance at the front of the building, there were two handicap places, parking spaces, one on each side of the fire lane. One would think that that is a good place for a curb cut for access to the sidewalk from the street. It would have been nearby so that people in wheelchairs, walkers, or even public elderly people could easily reach it.

Incidentally, the apartment complex was built to accommodate the elderly and the handicapped. And there is a dialysis center on the ground floor. The only access to the sidewalk is to the extreme right of the building, 100 feet away from the main entrance. It would not only create a dangerous situation but also mean it was very inconvenient. But with the help of my dad and the cooperation of a very good friend, who was also handicapped, I was interviewed by a reporter for the local newspaper. An article was published explaining to the public how it is difficult to get around the sidewalks, the streets are not made accessible for the handicapped and the elderly. It was sort of hard at first to go through this process, but it was worth the while. This past summer, they answered my request and many others and they got a curb cut put into place.

[The prepared statement of Shelly Lemelim follows:]

GOOD AFTERNOON EVERYONE! MY NAME IS SHELLIE LEMELIN!

PUBLIC ACCESSABILITY IS STILL ON THE MINDS OF MOST OF THE DISABLED POPULATION. I, PERSONALLY, HAVE EXPERIENCED MANY SITUATIONS IN WHICH BUILDINGS WERE NOT ACCESSABLE.

ONE EXAMPLE WAS WHEN I MOVED INTO AN APARTMENT COMPLEX, ON MY OWN, NEARLY TWO YEARS AGO. AT THE MAIN ENTRANCE, IN FRONT OF THE BUILDING, THERE ARE TWO HANDICAPPED PARKING SPACES, ONE ON EACH SIDE OF THE FIRE LANE. ONE WOULD THINK THAT THE LOGICAL PLACE FOR A CURB CUT OR ACCESS TO THE SIDEWALK FROM THE STREET WOULD HAVE BEEN NEARBY, SO THAT PEOPLE IN WHEELCHAIRS, WALKERS, OR ELDERLY PEOPLE COULD EASILY GET ONTO THE SIDEWALK. INCIDENTLY, THIS APARTMENT COMPLEX WAS BUILT TO ACCOMMODATE THE HANDICAPPED AND ELDERLY. ALSO, THERE IS A DIALYSIS CENTER ON THE GROUND FLOOR OF THIS BUILDING.

FOR WHATEVER REASON, THE ONLY ACCESS TO THE SIDEWALK, WAS AT THE EXTREME RIGHT OF THE BUILDING, ABOUT 100 FEET FROM THE MAIN ENTRANCE, NEAR THE ENTRANCE TO THE PARKING GARAGE, WHICH NOT ONLY CREATED A HAZARDOUS SITUATION, BUT ALSO MADE IT VERY INCONVENIENT.

WITH HELP FROM MY DAD AND THE COOPERATION OF A GOOD FRIEND WHO ALSO HAS A HANDICAPPED DAUGHTER, I WAS INTERVIEWED BY A REPORTER FROM THE LOCAL NEWSPAPER, FOSTER'S DAILY DEMOCRAT, AN AN ARTICLE WAS PUBLISHED, EXPLAINING TO THE PUBLIC, HOW DIFFICULT IT IS TO GET AROUND IF SIDEWALKS AND STREETS ARE NOT MADE ACCESSABLE FOR THE HANDICAPPED AND ELDERLY.

I MUST ADMIT THAT THE PROCESS WAS NOT THE KIND OF THING THAT I LIKE TO DO, BUT IF IT MADE PEOPLE AWARE OF A PROBLEM AND THAT THE RESULTS ARE BENEFICIAL TO THE HANDICAPPED AND ELDERLY, IT MAKES IT WORTHWHILE.

WORTHWHILE IT WAS, THIS PAST SUMMER, WHEN THE CITY OF DOVER, NH ANSWERED MY REQUEST AND THAT OF MANY OTHERS. WHY IS IT THOUGH, THAT THE DISABLED AND HANDICAPPED, NEARLY HAVE TO BEG, IN ORDER TO BE HEARD. ACCESSABILITY TO PUBLIC BUILDINGS

THOUGHT SHOULD BE GIVEN IN REGARDS TO ENTRANCES AND EXITS, AS WELL AS DOORWAYS TO INSIDE ROOMS, BATHROOMS, ETC.

THOUGHT SHOULD BE GIVEN IN REGARDS TO THE CLUTTERING OF FLOOR SPACE AND AISLES IN BOOKSTORES, GROCERY STORES, CLOTHING STORES, ETC.

PUBLIC PLACES SHOULD BE MADE EASY AND CONVENIENT PLACES TO GO, THEREBY CREATING AN ATMOSPHERE THAT WOULD MAKE THE DISABLED, HANDICAPPED AND ELDERLY, HAPPY TO RETURN TO, IF THEY WISH.

AS A LAST COMMENT, I WOULD LIKE TO SEE THE FUTURE BUILDING OF PUBLIC PLACES, DONE SO WITH MORE AWARENESS AND CONSIDERATION OF PEOPLE OF THE COMMUNITY AND OTHERS WHO HAVE DISABILITIES.

BUILDERS AND PEOPLE ON PLANNING BOARDS SHOULD INVITE SOMEONE WHO IS DISABLED, HANDICAPPED AND ELDERLY AND QUESTION THEM CONCERNING THEIR NEEDS IN REGARDS TO ACCESS TO AND FROM THE BUILDING, AS WELL AS INSIDE. INVITATIONS CAN BE MADE PUBLICLY, EITHER BY NEWSPAPER ADS, RADIO OR TELEVISION.

IF AT ALL POSSIBLE, I WOULD LIKE TO SEE A PROCESS ESTABLISHED THAT WOULD MAKE IT PART OF THE REGULAR PROCESS TO INCLUDE THE DISABLED IN NEW CONSTRUCTION OF PUBLIC BUILDINGS, HOUSING, ETC. WITHOUT COMMUNICATION FROM BOTH SIDES, IT IS DIFFICULT TO KNOW THE NEEDS OF THE OTHER.

THANK YOU FOR GIVING ME THE OPPORTUNITY TO BE HEARD.