rkt: (snowflake)
[personal profile] rkt
I've seen this article linked a few places.... usually places i wouldn't necessarily call "safe for the feminist-minded" (note: i pre-emptively refute responsiblity for the aftermaths of anyone following the link and reading the comments.

It's about a teenager in California (USA) who has Cerebral Palsy. He wrote an essay for a contest held by a local representative titled "There OughtTo Be a Law".
According to the article, the teenager, R.J. Feild, was born with CP because his mother used drugs during her pregnancy. Feilds' winning essay was about how folks on welfare should be subjected to drug screenings so that other children don't have to go through what he lives through. The (presumably conservative) Republican Senator John Benoit is now planning on introducing a State-level law, R.J.'s Law, on the matter. The Senator, likens the law to being "just like" drug testing that some employers mandate.

First of all, no. Second of all, no. And, finally, on so many other levels, no.

No, women should not be subjected to drug screening for the sake of her offspring. Her body is still her body. The End.

No, women (and men) should not be subjected to screenings to receive government aid. The ridiculous laws forbidding governmenet aid for college is bad enough. Since the US doesn't have any form of free university, for many, this aid is a major lifeline for a collegiate education. it's already dehumanizing enough to apply for welfare in the US. Welfare recipients are legally paid below mandatory minimum wage to do menial duties. Most states, by federal law, allow for requested drug testing, based on suspiction. You take away this limited income and you are probably sentencing them to homelessenss and increased (self medicating) drug use.

No. I can't speak for anywhere in Cali, but in NYC, it's next to impossible to find a treatment program for a pregnant woman. even one who actively wants help for her addiction. To find one that takes government insurance is even harder. If the senator were actually serious about wanting to avoid "tragedies", he'd invest in treatment programs. He'd look to funding and ensuring the existence of prevention programs that actually work. He'd try to ensure that folks didn't have to self-medicate by using street drugs.

No. Avoiding disability at any cost does nothing for acceptance. The Sentaor could take action so that those who use wheelchairs have better mobility and access. He could try to improve visibility and awareness. He could ask advocacy groups their recommendations. This? - Reinforces disability=bad, while scapegoating poof folks (usually of color).

No. Do you really expect me to believe that race won't play a role in the targeting of testing?

So this? This is a cleverly deployed ruse to allow the government greater control over the lives and bodies of the poor. Benoit's quote ""I think R.J. makes such a compelling argument that it will be difficult to say, 'no' (to him)," is beyond disturbing.

To be perfectly clear, I'm sure the teen's essasy made a lot of great points, all from a very personal place. Apparently, his starting inspiration to write th essay came from not being able to go to Disney because his foster father had to take a drug test for a new job. That would piss me off. And I'm sure, based on the context of the article, he finds his life with CP frustrating. I'm not criticizing or trying to invalidate any of those feelings. They are his. My issue is with the senator and his law.


Teen with disease linked to mom's drug use while she was on assistance proposes new law.
By Aurelio Rojas - arojas@sacbee.com

Last Updated 6:13 am PST Friday, February 22, 2008


R.J. Feild, front, won a "There Ought To Be a Law" essay contest sponsored by Assemblyman John Benoit, R-Palm Desert, right. Brian Baer / bbaer@sacbee.com

The idea – subject all Californians who collect welfare payments to random drug testing – was the brainchild of a 16-year-old with cerebral palsy.

R.J. Feild arrived in the Capitol on Thursday after beating out more than 200 students in a "There Ought To Be a Law" contest sponsored by Assemblyman John Benoit, R-Palm Desert.

The Riverside County high school student, whose neurological disorder has been linked to his mother's drug use when she was pregnant and on welfare, handed his proposed law to a clerk in the Assembly chamber while accompanied by Benoit.

The inspiration for Assembly Bill 2389, Feild said, was a trip to Disneyland that was aborted because his foster father, Larry Feild, had to take a drug test for a new job.

"I (asked him), 'Why don't people who get welfare have to get drug tested?' " he recalled at a news conference in Benoit's office, adding that his foster mother suggested he enter the lawmaker's contest.

Over the next five days, the teenager worked on his 500- word essay, which recounted how he weighed only 2 pounds at birth and had traces of heroin, marijuana, methamphetamine, alcohol and cocaine in his body.

Afflicted with spastic triplegic cerebral palsy, Feild has impaired vision and needs a wheelchair to get around. His entry called for implementing his law to spare others the same afflictions.

"We did a final draft and submitted it," said Feild, who dictated his ideas to his foster mom, Marybeth Feild.

R.J.'s Law would mandate random drug testing for all people who collect welfare payments in California. Those who fail tests would be required to complete a one-year drug treatment program, or be removed from the state's welfare rolls.

Currently, the state assists more than 450,000 families through CalWORKS, a welfare-to-work program. The average monthly check is about $520.

Benoit, who spent three decades as a law enforcement officer and is now running for state Senate, said the goal of AB 2389 is to "break the cycle of addiction" to drug and welfare dependency. "We think there's potential there to save millions of dollars – even though there would be costs associated with the program," he said.

Benoit acknowledged the proposal faces several steep political hurdles. Besides a projected $16 billion state deficit, he said, "There are people who believe that we should not require any kind of test before we give out state assistance."

The 1996 Welfare Reform Act authorized states to impose mandatory drug testing as a prerequisite to receiving welfare assistance. In 2000, Michigan became the first state to start random drug testing. But after the ACLU sued on behalf of welfare recipients, a federal court invalidated the law on grounds it violated the Fourth Amendment's protection against unreasonable search and seizure.

Other states have considered similar laws, but welfare experts have questioned the efficacy of random drug testing.

Frank Mecca, executive director of the County Welfare Directors Association, said that in California, counties have the authority to require CalWORKS applicants to undergo testing if there's "a suspicion" of abuse.

"We would have to look closely at this bill to see if it would have a greater effect than our current system," Mecca said.

Benoit expects there "will be a lot of discussion about how we can find a middle ground." But he noted Feild "can't run and play" like other children because "his mother chose to use drugs."

"I think R.J. makes such a compelling argument that it will be difficult to say, 'no' (to him)," Benoit said.


press release

x-posted

Date: 2008-02-25 02:20 pm (UTC)
From: [identity profile] burntherich.livejournal.com
creating a law definitely isn't going to help. they need to trace the problem back to its roots and start from there. if a mother is kicked off the welfare rolls for failing a drug test or not attending the mandated classes, she is going to have to resort to another means to get money. how many mothers would actually have time to attend a class? people are so misguided in a rush to do what they believe is for the benefit of others.

Date: 2008-03-02 03:54 am (UTC)
From: [identity profile] rkt.livejournal.com
totally agreed, though i don't even know if the actual goal of this law really is to "help" anyone.

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