EquiisAutisticSavant

My Aug. 9, 2011 e-mail to Florida Bar Records Custodian, Jenny Jolinsky

2011-08-09T15:26:00.000-07:00

Here is the e-mail letter I just sent The Florida Bar records custodian, Jenny Jolinsky today, Aug. 9, 2011, in the ongoing Florida Bar Title II Americans With Disabilities Act Autism discrimination saga I have become caught up in as one of many with Autism whose civil rights are being violated by a State Bar Association Autism Discrimination Policy.

My Aug. 9, 2011 e-mail

Jenny,

Thank you. To the extent 28 C.F.R 35.130(f) "non-discriminatory"- related records requires more and does not allow a surcharge, pursuant to the Florida Supreme Court's ruling in Barry v. Burdines, Fla. 1996 that all Florida laws such as those you just cited me are in conflict with Title II ADA statutes, regulations, Technical Assistance Manual or case law, they are superceded DIRECTLY by the Title II ADA anti-discrimination require ments. The Florida Supreme Court has already held that Title II of the ADA specifically applies to The Florida Bar in TFB v. Clement. As a result, I am entitled to all such records requested free of charge.

It has come to my attention that the lawyers in Dykes v. Dudek case, No. 4:11-cv-00116-RS-WCS, pending in N.D. Fla. in DD Wait List and Olmstead Title II ADA community based living rights have all violated Title II of the ADA and R. Reg. Fla. Bar competency and candor to the Court disciplinary rules by deliberately failing to disclose to the federal court the controlling legal authority of 42 U.S.C. Sec. 12202 and Tennessee v. Lane, 2004 US LEXIS 3386 (2004);

and, further, by Pam Bondi, Esq., Timothy D. Osterhaus, Esq., whom she supervises, Charles M. Trippe, Esq., Jesse Panuccio, Esq., and Andrew T. Sheeran, Esq., Beverly H. Smith, Esq., for Agency for Health Care Administration, and Michael Palecki, Esq., for Agency for Persons With Disabilities have fraudulently made material false representations to the federal court in Dykes that 'Title II of the ADA does not waive Florida's Eleventh Amendment immunity' by intentionally concealing 42 U.S.C. Sec. 12202 and Tennessee v. Lane, supra, controlling authority from the federal Court in Dykes.

As I have informed TFB before, Ms. Bondi has been retaliating against me due to my Autism and according to witnesses plea dealing a suspect her office charged in Hillsborough County to gain a person to attack, maim, and founder my medically prescribed Autism disability service therapy horse since she was a state attorney in Hillsborough County in violation of the ADA's anti-retaliation statue, 42 U.S.C. Sec. 12203. I have repeatedly asked you for meaningful access to file a Bar grievance against Ms. Bondi, which you refuse in violation of my Title II ADA civil rights.

I am publishing this e-mail on my blog to the Autism community as these matters are completely inexcusable and newsworthy to all families with Autism. I am also distributing this newsworthy e-mail To TASC Asperger's group to alert them TFB refuses to train or discipline Bar members inflicting Title II ADA Olmstead harms on persons on the Autism spectrum to let all other Floridians affected know about this news. TASC has already informed me about the fraudulent use of the DSM-III and to undercount Autism and Asperger's population numbers.

I am by this writing, putting The Florida Bar, Paul Hill, Esq., John Harkness, Exec. Dir., and President of TFB, as well as Florida Bar Bd. of Governors on notice that should these lawyers not correct their materially false statements to the federal court to comply with their R. Reg. Fla. Bar candor to the court duties about 42 U.S.C. Sec. 12202 and Tennessee v. Lane, supra, by disclosing this controlling legal authority to the Court, or, alternatively if TFB does not provide legal justification for why it should not initiate grievance disciplinary proceedings against them for making such materially false representations to the federal court while intentionally concealing the controlling legal authority to inflict financial exploitation on the class of vulnerable adult disabled DD people by depriving them (including me) of vital entitlements in violation of Florida policy (see Fla. Stat. 415.1111, 825.103), then this writing serves as my own notice of my intent that I may exercise any or all of my legal rights in respondeat superior on a Government Tort Claim, under Title II of the ADA, the ADA retaliation statute 42 U.S.C. Sec. 12203, Sec. 504, and or any other legal right available to me to ask a Court to enter an order against TFB to pay all such damages inflicted on me as a result of this.

I have been deliberately and/or recklessly denied meaningful Autism effective communication access to Florida's Medicaid wait list (ACHA, APD, Gov. Office, Attorney General Office, Florida Bar member ALJs) and to my Social Security SSI and SSDI disability benefits by the state of Florida (AHCA, Florida Bar member ALJs) since appx. Apr. 2002 without a hearing or being provided any meaningful specific Autism effective communications access, as well as to denial of meaningful specific Autism access at multiple levels of Florida Government concerning my Olmstead v. L.C. community based living rights all on account of TFB's outright intentional refusal to require mandatory Title II ADA training specifically in complex Autism disabilities of each and every Florida Bar member as a condition of acquiring and/or keeping a Florida Bar license and enforce Title II of the ADA against the lawyers TFB licenses under R. Reg. Fla. Bar 4-8.4(d). I am being told by numerous members of the Autism community that TFB is violating Title II ADA civil rights specific to Autism people and especially as to me and that they cannot do this to me under the civil rights laws that exist to protect me.

This e-mail serves as a further records request under FOIA, Florida public records law, and Title II ADA 28 C.F.R. Sec. 35.130(f) to provide me the CLEs and training for each of the above-referenced attorneys involved in the Dykes case specifically in Title II of the ADA, the ADA's Title II Eleventh Amendment immunity waiver, Tennessee v. Lane, supra, and specific to their application to complex Autism and related disabilities. I am preparing a motion to intervene in that case as a result of these material misrepresentations made to the Court and I wish to attach them to my motion to intervene I am preparing to ask the federal Court to remove these counsel and appoint different legal counsel with specific Autism and Title II ADA training even if they are pro hac vice from out of state.

I am also needing these records to attach them to a DOJ Olmstead complaint asking Obama DOJ Civil Rights Div. to intervene in Dykes. It does not even appear Florida has bothered to take a population count of the adults who actually have Autism in Florida, and I am aware the figures being represented to the Court by the above-referenced Dykes lawyers reflect the fraudulent DSM-III 1996 numbers that were fraudulently advertised on USF Autism CARD Center website rather than the current CDC Autism population count numbers which are much higher, and it appears this is being done to make further fraudulent mis-representations to the federal court to undercount by thousands or even millions the number of those of us with Autism entitled to Wait List and Olmstead v. LC community based living benefits to aide in Republican budget cuts.

Thank you kindly.

Respectfully,
Mary Katherine Day-Petrano

The Letter I Sent To The Florida Bar Board of Governors FOIA and Public Records Request Concerning Specific Autism Title II ADA/Sec. 504 Compliance

2011-07-27T11:43:00.000-07:00

Here is the letter I just served on The Florida Bar Board of Goivernors, and my Freedom of Information Act (FOIA) and Florida Public Records Requests regarding their Autism bullying civil rights violations and refusal to require specific Autism training of each Florida lawyer and ensure people with Autism in Florida can hire an Autism competent attorney to represent us.

I will also keep the Autism community updated on this matter as I have personally witnessed and been informed that people and families with Autism who have been attempting to exercise our individual Autism civil rights have been targeted by a Florida Bar policy of some type to obstruct our civil rights and censor our First Amendment free speech on significant matters of concern to the Autism community and each one of us living with Autism, to further the apparent view of some people that they would like to have a Country in which people with Autism do not exist:

MY LETTER CONCERNING THE FLORIDA BAR AND THEIR VIOLATION OF AUTISM CIVIL RIGHTS

[Address redacted]

July 22, 2011

Scott G. Hawkins, Esq
President of The Florida Bar Board of Governors,
The Florida Bar
651 E. Jefferson Street
Tallahassee, FL 32399-2300

Re: Public Records and Freedom of Information Act Request Directly On The Florida Bar Board Of Governors – Expedited Processing

TO THE BOARD OF GOVERNORS OF THE FLORIDA BAR AND JOHN HARKNESS, EXECUTIVE DIRECTOR:

By way of brief introduction, my name is Mary Katherine Day-Petrano. I have autism.

As a threshold issue, my concerns and enumerated requests below are grounded in fact and official record within the relevant time-frame I refer to throughout this communication.

According to the Federal Special Report September 2005, Office of the Inspector General,(the Report) the FBI has admitted their use of confidential informants has violated both federal or state law, with serious adverse consequences to third parties.

The Report states “FBI's Human Intelligence Unit (HIU), as of April 30, 2005, the FBI was operating among its informants, "privileged" informants (e.g., attorneys, clergy, or physicians) or media-affiliated informants.” (Exhibit B)

I am sending this to the Board because I have been and continue to be, the target of vicious Autism ADA retaliation bullying (See Exhibit A; 42 U.S.C. Sec. 12203) by more than one Florida Bar member you license (See Exhibit A).

This is a request under the Freedom of Information Act, 5 U.S.C. § 552 et seq., amended by OPEN Government Act of 2007, Pub. L. No. 110-175, 121 Stat. 2524, and the Privacy Act, 5 U.S.C. § 552a, and corresponding regulations, 34 C.F.R. § 5.1 et seq. I request that a copy of all of the following documents pertaining to the matters set forth below and / or records indexed to my name be sent to me. To help identify information about me in your record systems, I am providing the following required information: My current address is 11502 SE US HWY 301, Hawthorne, FL, 32640. I am a U.S. citizen by birth, born on April 16, 1056 in Jackson, MI. My Soc. Sec. # is 043-60-8286.

This is also a Public Records Request, and 28 C.F.R. Sec. 35.130(f) Title II ADA records request for non-discriminatory treatment, in addition to Freedom of Information Request involving information sought in part against TFB General Counsel Paul Hill, because I would like to rule-out whether Mr. Hill has acted to retaliate against my Autism disabilities by ensuring that every single Bar grievance I file is either not accepted or is routinely dismissed by persons lacking specific Autism training including based on Bar grievance staff falsifying facts I attempt to communicate, ordering me to sign to the truth of material I cannot see to read on inaccessible paper print formats that violate Title II of the Americans With Disabilities Act, and refusing to require lawyers responding to sign truth of their response as Title II of the ADA requires. Accordingly, I want to give the Board every benefit to inform me whether Mr. Hill is or is not doing so, at the behest and/or knowledge of the Board.

I am concerned whether Mr. Hill has set a policy imputable to The Florida Bar and Board of Governors of refusing the specific Autism genetic and disability “effective communication” accommodations I require, has refused to require all Florida lawyers to receive specific Autism and Title II Americans With Disabilities Act training, and has used those Title II ADA civil rights violations against me to refuse a disciplinary remedy against those lawyers bullying my Autism including but not limited to on Facebook and the causally-linked breakings and entering to my property in Alachua County, Florida, against lawyers who have assaulted me, and to prevent me from being able to hire competent, specifically Autism trained legal counsel to represent me in the State of Florida.

I do not take lightly the words of agreement of the Autism bullying conspiracy to violate my civil rights statement “no hole in the middle” exists (“See Exhibit “A”), in terms of conspiracy to obstruct my 10-year struggle to attain Florida Bar admission and secure an Autism-specific Title II ADA accessible court anywhere in Florida, thereby blocking every source of my Autism income and supports while repeated law enforcement financial and other entrapment efforts are mounted against me in a Virgil Hawkins-style manner. I have no criminal record whatsoever and I passed the most difficult bar examination in the U.S., as a single mother with no financial support whatsoever. Provide me dignity I deserve by expediting thorough, meaningful and truthful responses, absent omission or lack of candor, in the literal Autism language I speak, to my enumerated requests below.

Request #1: Please be so kind to furnish me with names of such “privileged” attorneys as described in the FBI Guidelines pertaining to use of “privileged” CIs, employed by TFB, or otherwise under contract with TFB, including but not limited to Paul Hill, Esq. and Thomas M. Gonzalez, Esq., so that I may rule-out whether such attorneys have ever at any time violated my civil rights as a person with Autism related or otherwise to the declarations against interest (admissions) posted on the Internet (Exhibit A) and my Facebook page, by having associated themselves in / with any cases, TFB complaints, inquiries or controversies I have been party to or have expressed desire to file, either individually, or in my employment as law clerk to David F. Petrano, Esq, (FL BAR NO 624586), and/or any actions that have interfered with my Alachua County, Florida home ownership property rights, warranty deed, title insurance, and/or mortgage, California and/or Florida Bar admissions, my insurance settlements including but not limited to those for UM with Nationwide blocked for 2 ½ years for a significant brain injury requiring timely treatment, Citizens property insurance, and title insurance on my property, the 9 year delay in my Social Security disability benefits, obstructing my workman’s compensation benefits to funnel the benefits I would have received to build the 1st DCA Taj Mahal Courthouse while Autism access Title II ADA compliance is not being provided, obstructing payment of my wages by several horse employers, my brain injury and other medical care at University of South Florida and with Michael W. Hoffmann, MD, my meaningful Autism Florida Courts access, and/or the maiming of my medically prescribed Autism disability service therapy horse and/or the breakings and entering to my property in Alachua County, Florida.

Request #2: Please be so kind to furnish me with all records explaining, addressing, analyzing, and purporting to give a legal justification why Title II of the Americans With Disabilities Act excuses the Florida Bar from making it a mandatory requirement that each and every lawyer licensed by The Florida Bar undergo specific Autism, Autism language, and Title II ADA Autism disability training as well as why The Florida Bar does not feel it is under a duty to update its Title II ADA self-evaluation (28 C.F.R. Sec. 35.105(a), (c) to specifically address Autism, lawyer training in Autism, an Autism bullying policy, overhaul its specific communication processes and complaint procedures for Autism language and to make a multiple-lawyer Autism bullying complaint in one package, and provide me the count for Civil Rights inclusion of the numbers of Bar members with Autism vs. non-Autistic Bar members to demonstrate compliance with the Title II ADA Equal Protection mandates to ensure The Florida Bar is not compositionally non-Autism homogeous.

Request #3: Please be so kind to furnish me with all records of any type whatsoever for each and every person and their identity and Bar number or other licensure number and agency, if applicable, and for each and every member, employee, contractor or other agent or assign with whom The Florida Bar has discussed me or about me in any manner and/or who accessed my www.equiisautisticsavantartist.webs.com website and/or my Facebook page at the behest of or on behalf of or on direction of The Florida Bar or any member, employee, agent, contractor, or assign thereof. For all records pertaining to discussion about me with others, pls, identify those others.

I am further making this public records and Freedom of Information Request (FOIA) request upon yourself and all components of The Florida Bar as a citizen blogger on Twitter and journalist to the Autism community and all people with Autism (http://equiisautististicsavant.blogspot.com/) to keep them informed of vital issues of public concern for which the out-of-control Florida Bar Autism policies, hackings and Autism cyberbullying and other Autism bullying civil rights retaliation violations to which I have been subjected and need to immediately be brought to a halt, thus I am entitled to all such records free of charge and expedited processing of my FOIA request, as well as free of charge under Title II ADA’s non-surcharge implementing regulation for non-discriminatory treatment, 28 C.F.R. Sec. 35. 130(f) that federally-preempts Florida’s public records cost schedules.

Given that there is ‘no legitimate law enforcement interest’ in an unlawful civil rights and/or U.S. ratified Treaty violation against people with Autism including me that is imputable from Florida to the United States, see Shotz v. City of Plantation, Fla., 344 F.3d 1161 (11th Cir. 2003) (law enforcement vendetta to mis-use law enforcement power to commit a civil rights retaliation), the materials requested cannot be withheld under Sec. 504 and 42 U.S.C. Sec. 12201(b) (expressly superceding “other federal laws”) language that impliedly or expressly amends, repeals, and/or supercedes public records and FOIA exceptions, exemptions, state secrets, or National Security “pre-texts” that violate Autism and disability civil rights (See Exhibit A).

Additionally, I am claiming entitlement to expedited processing because the lack of expedited treatment could reasonably be expected to pose a threat to my life or physical safety; I will suffer the loss of substantial due process rights and thus expedition is appropriate; I am a person primarily engaged in disseminating information to the public under various Internet pen names including but not limited to my own name and EquiisSavant and EquiisAutisticSavant and EquiisAutisticSavantArtist and the information is urgently needed to inform the public concerning some actual or alleged federal government activity; and, finally, expedition is appropriate because the subject of Autism and all matters pertaining thereto is of widespread and exceptional media interest and the information sought involves possible questions about the government's integrity which affect public confidence.

I anticipate hearing from you within 10 working days (34 C.F.R. § 5.51(d); 28 C.F.R. § 35.130(f)). Thank you for your attention to this matter.

For each and every item you dispute might be covered by such a defense to public production, pls. provide a privilege log of each and every item as I am claiming them all to be pre-texts under which yourself, TFB, lawyers TFB licenses, FBI, DOJ, and others in concert with them have violate my Autism and disability civil rights.

This is notice each withhold of information I seek under any “pre-text,” asserted on your end, can effectively ground a spoliation of evidence claim(s) under Florida law and Fed. R. Civ. P. 26 seeking evidentiary presumptions against those who have committed these civil rights violations against me.

I am publishing this Public Records and FOIA Request on my Autism blog. I may also share on my Autism blog your response and the records you produce.

I declare under penalty of perjury pursuant to 28 U.S.C. 1746 that I am authorizing you to release all information concerning and/or indexed to me in any way.

Respectfully,
/S
Mary Katherine Day-Petrano

The Letter I Sent To The FBI, Inspector General, and Congress Intelligence Committees Requesting FBI Amend Its Report, and FOIA Request On FBI

2011-07-19T12:46:00.001-07:00

Here is the letter I just served on Mr. Raymond J. Beaudet, Asst. Inspector General for Audit, Office of the Inspector General, U.S. Dept. of Justice to Amend the Report to Congress, and my Freedom of Information Act (FOIA) Request on various components of the Federal Bureau of Investigation (FBI) regarding their Autism bullying civil rights violations. I also sent a copy of this letter to the U.S. House Permanent Select Committee on Intelligence and the U.S. Senate Select Committee on Intelligence. I have omitted my letterhead from this post, but have posted the remainder of the letter below.

I will also keep the Autism community updated on this matter as I have personally witnessed and been informed that people and families with Autism who have been attempting to exercise our individual Autism civil rights have been targeted by the FBI to obstruct our civil rights and censor our First Amendment free speech on significant matters of concern to the Autism community and each one of us living with Autism, to further the apparent view of some people that they would like to have a Country in which people with Autism do not exist:

MY LETTER CONCERNING THE FEDERAL BUREAU OF INVESTIGATION AND THEIR VIOLATION OF AUTISM CIVIL RIGHTS

"July 19, 2011

Mr. Raymond J. Beaudet
Assistant Inspector General for Audit
Office of the Inspector General
United States Department of Justice
Suite 6100
1425 New York Avenue, NW
Washington, DC 20530

U.S. House Permanent Select Committee on Intelligence
Hon. Mike Rogers, Chairman
Capitol Visitor Center HVC-304
US Capitol Building
Washington, DC 20515-6415

U.S. Senate Select Committee on Intelligence
Hon. Diane Feinstein, Chairwoman
211 Hart Senate Office Building
Washington, DC 20510

Federal Bureau of Investigation
San Francisco and Santa Rosa components
450 Golden Gate Avenue, 13th Floor
San Francisco, CA 94102-9523

Federal Bureau of Investigation
Los Angeles and Pasadena Components
11000 Wilshire, Suite 1700
Los Angeles, CA 90024

Federal Bureau of Investigation
Tampa and Gainesville Components
5525 West Gray Street
Tampa, FL 90024

Federal Bureau of Investigation
Gainesville and Tallahassee Components
6061 Gate Parkway
Jacksonville, FL 32256

Federal Bureau of Investigation
Atlanta and St. Simons Island Area Components
2635 Century Parkway NE, Suite 400
Atlanta, GA 30345

Federal Bureau of Investigation
Detroit, Ann Arbor, and Jackson Area Components
477 Michigan Avenue, 26th Floor
Detroit, MI 48226

Federal Bureau of Investigation
601 4th Street NW
Washington, DC 20535
e-mail: washington.field@ic.fbi.gov

RE: THE FEDERAL BUREAU OF INVESTIGATION'S TERRORIST WATCHLIST NOMINATION PRACTICES AND FBI’S USE OF EXIGENT LETTERS AND OTHER INFORMAL REQUESTS FOR TELEPHONE RECORDS – REQUEST TO AMEND YOUR RESPONSE TO CONGRESS AND EXPEDITED FREEDOM OF INFORMATION ACT REQUESTS

Dear Mr. Beaudet:

By way of brief introduction, my name is Mary Katherine Day-Petrano. I have autism.

I. Request Amendment to Your Response(s) To Inform Congress The FBI’s Terrorist Watch List Nomination Practices and FBI’s Use of Exigent Letters and Other Informal Requests for Telephone Records, Are Not Sec. 504 Compliant And Violate Civil Rights By Failure to Protect Autistic Americans Of The United States

I have thoroughly reviewed "The Federal Bureau of Investigation's Terrorist Watchlist Nomination Practices" (the Nomination Practices) submitted to you by Arthur M Cummings, Executive Assistant Director, National Security Branch, US Dept Justice Federal Bureau of Investigation, Washington DC, 20535-0001, on April 29, 2009.

In terms of the top challenges facing the Department of Justice (Department), including issues involving counterterrorism, improving information technology, effective grant management, and other important high-priority issues, the Nomination Practices fail to state whether they are Section 504 and otherwise civil rights complaint to protect the civil rights of people with Autism including myself, and fail to contain the required Section 504 self-evaluation as well as predicate, preliminary, threshold civil rights safeguards and a due process screening process to ensure the civil rights of people with Autism are not violated.

Additionally, it has come to my attention that the FBI’s Use of Exigent Letters and Other Informal Requests for Telephone Records likewise fail to state whether they are Section 504 and otherwise civil rights complaint to protect the civil rights of people with Autism including myself, and fail to contain the required Section 504 self-evaluation as well as predicate, preliminary, threshold civil rights safeguards and a due process screening process to ensure the civil rights of people with Autism are not violated.

In terms of FBI established criteria and quality controls to assist in the development of appropriate issuance of exigent letters, and sneek & peeks, in addition to your objective to “determine whether subjects of FBI terrorism investigations are appropriately and timely watchlisted and if these records are updated with new identifying information as required,” you know or should know from the medical literature about Autism and related conditions that can occur in with complex Autism developmental disabilities, we have an invidious, inherent different neurology that does not give us the cognition to pretend, deceive, or interpret any language other than the exact words used literally, or even the neurological Autism social initiation abilities required for a criminal actus reus absent an entrapment “prompting” cue.

The above-stated, most of us including myself, were functionally non-verbal in spoken and non-verbal language. Some of us, such as myself, have brain stem motor neuron disabilities including paralytic vaccine injuries. Many of us, including myself, have temporal lobe epilepsies, multi-sensory integration impairments, and severe sensory disabilities.

At least one state has made an effort to make it a felony for persons to handle people with Autism without a specific training certificate for Autism (Connecticut), and at least one state judge (New York) has stated his opinion that no judicial officer or other person can understand Autism disabilities if they lack specific Autism training. The lack of such training, whether it is a doctor, lawyer, judge, prosecutor, law enforcement officer, investigator, juror, or even a witness giving background information, pose an unconstitutionally high risk of misinterpreting and misunderstanding Autism and those of us who have it, such that false accusations or charges and even false statement to federal officers by witnesses may be made upon us simply as a consequence of the ignorance about what exactly is Autism. Moreover, the GSA has not made any of the federal courthouses communication, sensory, and physically accessible to people with complex Autism disabilities.

Further, it has been established in the medical literature that people with Autism require extensive supports and services to navigate almost every aspect of social structure, do not understand anything we are not explicitly taught through the Early Autism Interventions we are provided which depend on the window of early neuro-plasticity, cannot defend ourselves against others, and we are told to trust others and bond to those others who are rare and few with whom we interact such that any breach of this trust can cause neurological Autism regression and severe PTSD that Veteran’s Administration brain injury research demonstrates can cause metabolic syndrome and onset of dementias or Alzheimer’s disease.

As a result, the failure of: (1) The Federal Bureau of Investigation's Terrorist Watchlist Nomination Practices," (2) the FBI Guidelines for Domestic Operations, (3) the FBI’s Use of Exigent Letters and Other Informal Requests for Telephone Records, to demonstrate Sectioon 504 compliance and self-evaluation for Autism disabilities poses an unconstitutionally high risk of Torture, regressive neurological harm, and epigenetic damage specifically to people with complex Autism disabilities.

Given that the United States “created the danger” to Americans with Autism by failure to timely and fully fund the appx. $3.2 million Autism needs Harvard research findings state we require, provide the timely early Interventions we as individuals in the Autism population required as soon as Kanner identified Autism in 1943, and has compelled genetically susceptible Americans (mostly Jewish Caucasian genomes) to receive unsafe vaccinations without our informed consent causing vaccine injuries to many of us, there does not appear to be any legal justification for the Nomination Practices and all FBI Guidelines to fail to comply with Section 504 including having a predicate, preliminary, threshhold Autism disability civil rights screening process before they are applied to any person with complex Autism disabilities. Section 504 contains no National Security or law enforcement exception in its plain civil rights language, and the Supreme Court did specifically hold in Yeskey v. Pennsylvania Dept. of Corrections, 524 U.S. 206 (1998) and Goodman v. Georgia, 546 U.S. 151 (2006) that the disability civil rights laws do apply to all aspects of law enforcement activity.

In no small part, the Nomination Practices and all FBI Guidelines even lack an Autism bullying policy and enforcement mechanism to ensure Neuro-typical social cooperation gang bullying will not occur against vulnerable Americans with Autism disabilities as it has by Neuro-typical United States Attorneys peers who have bullied me because they do not want inclusion of Autism people amongst their own as Bar members, or (as in the case of e.g. Kyle F. Waldsinger, Esq.) are mis-using their office as a social favor to Autism bully on behalf of the agendas of their former employers.

Not only have my Autism and disability civil rights and Treaty rights been violated, but I am aware that others in the Autism community who attempt to exercise their civil rights and First Amendment speech and associational rights have also been unjustifiably attacked, bullied, and/or violated. In sum, civil rights hate crimes and egregious civil rights violations are being perpetrated upon Americans with Autism simply for exercising our civil rights.

As a result, I am asking you to amend your response to Congress regarding all prior communications by yourself, the FBI, and/or DOJ as described above to inform Congress "The Federal Bureau of Investigation's Terrorist Watchlist Nomination Practices and FBI’s Use of Exigent Letters and Other Informal Requests for Telephone Records, are not compliant with Section 504 and as a result they contain no safeguards to prevent the violation of civil rights of Americans with Autism.

II. Freedom Of Information Request – Expedited Processing

I am further making the below Freedom of Information Request (FOIA) request upon yourself and all components of the FBI and DOJ as a citizen blogger on Twitter and journalist to the Autism community and all people with Autism (http://equiisautististicsavant.blogspot.com/) to keep them informed of vital issues of public concern for which the out-of-control FBI hackings and Autism cyberbullying and other autism bullying need to immediately be brought to a halt, thus I am entitled to all such records free of charge and expedited processing of my FOIA request.

This is a request under the Freedom of Information Act, 5 U.S.C. § 552 et seq., amended by OPEN Government Act of 2007, Pub. L. No. 110-175, 121 Stat. 2524, and the Privacy Act, 5 U.S.C. § 552a, and corresponding regulations, 34 C.F.R. § 5.1 et seq. I request that a copy of all of the following documents in whatever files, documents, images, correspondence, telephone, Internet, and other writings, transmissions, electronically stored information, and/ or data and all other categories of information of whatever kind or form pertaining to the matters set forth below and / or records indexed to my name be sent to me by each of the herein-specified agencies and components. To help identify information about me in your record systems, I am providing the following required information: My current address is 11502 SE US Hwy 301, Hawthorne, FL 32640. I am a U.S. citizen by birth, born on April 16, 1056 in Jackson, MI. My Social Security # is 043-60-8286.

Because this request is being made by a blogger – tweeter – journalist – Autism & civil rights reporter who publishes newsworthy information at http://equiisautististicsavant.blogspot.com/ and on Twitter and various other Internet forums and blogs, I request that you waive all fees associated with this request, in accordance with 34 C.F.R. § 5.64. Disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government concerning the Autism spectrum, people with Autism, Autism civil rights, and all matters related thereto including but not limited to why the United States is using its counterterrorism laws and criminal investigations to target people with Autism for exercising or attempting to exercise our civil rights with the objective to ensuring a World and Country in which no people with Autism exist within it.

Given that there is ‘no legitimate law enforcement interest’ in an unlawful civil rights and/or U.S. ratified Treaty violation against people with Autism including me, see Shotz v. City of Plantation, Fla., 344 F.3d 1161 (11th Cir. 2003), the materials requested cannot be withheld under Sec. 504 and 42 U.S.C. Sec. 12201(b) (expressly superceding “other federal laws”) language that impliedly or expressly amends, repeals, and/or supercedes FOIA exceptions, exemptions, state secrets, or National Security “pre-texts” that violate Autism and disability civil rights.
If you deny all or any part of this request, please (1.) cite each specific exemption you think justifies your refusal to release the information and notify me of appeal procedures available under the law; and (2.) provide a legal citation why 42 U.S.C. Sec. 12201(b) / Shotz v. City of Plantation, Fla., 344 F.3d 1161 (11th Cir. 2003) express amendment and/or repeal in whole or part of your claim to relay on FOIA exemptions is not superceded and over-ridden by the Sec. 12201(b) superceding by the ADA of “other federal laws” and/or implied repeal by Sec. 504 of the Rehabilitation Act of 1973, as amended, ratified human rights Treaties including but not limited to the Convention Against Torture, Genocide Convention, Geneva Conventions, and UN Charter, and/ or civil rights HATE CRIMES being asserted as not overriding any claimed exemptions by you.
Additionally, pursuant to Fed. R. Civ. P. 26 and Rules Regulating the Bar or Rules of Professional Conduct for your legal advisors licensing jurisdictions, for each and every item you dispute might be covered by such a defense to public production, pls. provide a privilege log of each and every item as I am claiming them all to be pre-texts under which yourself, FBI, DOJ, and others in concert with them have violate my Autism and disability civil rights.

FOIA Request:

All files, documents, images, correspondence, telephone, Internet, and other writings, transmissions, electronically stored information, and/ or data and all other categories of information of whatever kind or form including all medical, genetic, epigenetic, films, scans, or other diagnostic tests of whatever kind or form, including medical records about me with various components of the MK Ultra programs, and names, state of license, type of license, and license numbers for each medical or health care assessor, reviewer, and/or professional involving myself under any of my current of former names: Mary Katherine Day, Mary Day Snyder, Mary Katherine Day-Petrano, and any other name or alias under which you have me known.

All files, documents, images, correspondence, telephone, Internet, and other writings, transmissions, electronically stored information, and/ or data and all other categories of information of whatever kind or form including all medical, genetic, epigenetic, films, scans, or other diagnostic tests of whatever kind or form, including medical records about her with various components of the MK Ultra programs, and names, state of license, type of license, and license numbers for each medical or health care assessor, reviewer, and/or professional involving my deceased mother under any of her current of former names: Claire Ann Thrun, Claire Ann Day, Claire Thrun Day, and any other name or alias under which you have her known.

The official Bar membership names, state of Bar license, and Bar membership numbers of each and every and/or all legal counsel providing you advice or commentary regarding any of the information sought herein including the assessment and/or creation of it, including this request, and the specific Autism training they have received, by whom, type, and hours of such training.

Regarding "The Federal Bureau of Investigation's Terrorist Watchlist Nomination Practices" (the Nomination Practices) submitted to you by Arthur M Cummings, Executive Assistant Director, National Security Branch, US Dept Justice Federal Bureau of Investigation, Washington DC, 20535-0001, on April 29, 2009

Pls. provide all civil rights records and Sec. 504 evaluations and other data in whatever form including but not limited to how "The Federal Bureau of Investigation's Terrorist Watchlist Nomination Practices" complies in all aspects with the Convention Against Torture and Genocide Convention pertaining to discrimination, retaliation, bullying, Autism civil rights hate crimes, and injuries being caused to vulnerable people with Autism, and legal cause for why it is not pre-empted, superceded, amended, or repealed by those civil and human rights treaty laws.

Regarding Ashcroft: THE ATTORNEY GENERAL'S GUIDELINES ON
FEDERAL BUREAU OF INVESTlGATION
UNDERCOVER OPERATIONS

1. Pls. provide all civil rights records and Sec. 504 evaluations and other data in whatever form including but not limited to how the authorization of the Attorney General as provided in sections 509, 510, and 533 of title 28, United States Code to create FBI guidelines complies in all aspects with the Convention Against Torture and Genocide Convention pertaining to discrimination, perpetuating the discrimination of others, retaliation, bullying, Autism civil rights hate crimes, and injuries being caused to vulnerable people with Autism, and legal cause for why it is not pre-empted, superceded, amended, or repealed by those civil and human rights treaty laws.

2. Pls. provide all civil rights records and Sec. 504 evaluations and other data in whatever form to demonstrate the guideline II.B. Undercover Operation, “A contact is "substantive" if it is a communication with another person, whether by oral, written, wire, or electronic means, which includes information of investigative interest” and “In the context of online communications, such as e-mail and Internet Relay Chat (IRC), multiple transmissions or e-mail messages can constitute one contact, much like a series of verbal exchanges can comprise a single conversation” are fully compliant for complex Autism disabilities language, communication, social interaction, theory of mind developmental disabilities, and use of AAC Internet computer communication disabilities devices by people with Autism;

3. Pls. provide all civil rights records and Sec. 504 evaluations and other data in whatever form to demonstrate that each and every and all persons, parties, and entities described in guideline II.C-F, and the last paragraph of III, Undercover Review Committees, and all persons and entities specified in IV, V, and VI in all sections and subsections have been provided specific Autism training including of sufficient extensiveness and depth to fully understand the neurological, biological, genetic, and epigenetic complexities of people with Autism;

4. Pls. provide all civil rights records and Sec. 504 evaluations and other data in whatever form pertaining to IV.A.1-5 and IV.C.2.h-o as applied to the following civil rights violations against my Autism:

(1.) FBI attack intended to kill or maim my medically prescribed Autism disability therapy service horse that left him maimed and crippled to deprive me of the medical therapy I use to treat my Autism and brain neurological conditions, as I was informed FBI did by Krissy Rodriguez;
(2.) Blocking Autism access to the Vaccine Court to file a claim for Vaccine injury;
(3.) Blocking Autism access to numerous state and federal Courts and agencies and bar examiners in Florida and California to block the First Amendment Autism and disability civil rights filing of claims and/or lawsuits for injuries and civil rights access;
(4.) Planting a male with a fake medical license instructed to attempt to kiss me to obtain my brain scans and other private confidential brain scans, genetic, and medical information, placing my DNA in a law enforcement database even though I have never been arrested or convicted of any crime, causing medical malpractice by the failure to timely treat my cascading traumatic brain injury resulting from a January 05, 2008 car accident, leaving me abandoned without any access to any medical care, and interfering with and attempting to destroy my marriage;
(5.) Blocking timely Autism access and vulnerable Autism disabled adult payment of 1-3 types of Social Security disability benefits, Nationwide Insurance Company uninsured motorist benefits, and other Autism, disability, personal injury, and income and/or business or employment income supports;
(6.) Breaking and entering my locked vehicle, theft of my Florida driver’s license, and alteration of my Florida Dept. of Highway Safety and Motor Vehicles Class E operator’s license to false omit my prior California driver’s license state of issue and falsify the official Florida records to state I only had a Learner’s Permit;
(7.) Cutting my Autism disability therapy service horse girth at the elastic end to attempt to cause bodily injury or death to me as a vulnerable disabled Autistic adult when I tried to ride my medically prescribed Autism disability therapy horse;
(8.) Breaking and entering my Alachua County, Florida horse farm property twice to inject my medically prescribed Autism disability therapy horse with drugs followed by hitting him with high-pitched sounds from off my property to cause him to trample me and kick me in the head three times with partially shod hooves to cause me bodily injury or death knowing I am a vulnerable disabled Autistic adult;
(9.) CIPAV’ing and destroying between one and three of my medically prescribed AAC Autism Internet communication computers to prevent my ability to communicate due to the markedly limited verbal abilities inherent in my Autism;
(10.) Cyberbullying me on Facebook and Twitter and numerous other Internet blogs under my name and/or various internet pen name IDs I have used (“CellosPride,” “CP,” “YogiBear,” “EquiisSavant,” “EquiisAutisticSavant” and/or others, including but not limited to at Internet Chronicle of the Horse Bulletin Boards, ezboard.com (horse forums including but not limited to “AnnTM” and “Towanda” threads posted at http://p.218.ezboard.com/fthetackroom17816frm14.showMessageRange?topicID-43.topic&start=61&stop=80 and elsewhere within those forums where posters stated they were obstructing my California and Florida bar admissions, California and Florida civil rights lawsuits and other lawsuits raising my disabilities, enforcement of all DOJ civil rights complaints I filed and want to file and similar complaints at all other federal agencies, blog-hopping on the Internet to stalk me, and intent to cross state lines to pose physical threats to myself, my family, and my medically prescribed Autism disability service therapy horse), at Volokh.com, Patterico.com, Topix, Craigslist, and others, making threats to murder me, giving MK Ultra directives to try to make me commit suicide such as e.g. ‘Why don’t you just kill yourself’ with posts depicting humans and other objects burning in flames, sexually harassing me, intimidating me by hacking on my Facebook pg. that ‘the President gave her a death sentence on a CIA assassination list’ solely for exercising my Autism civil rights, conducting medical experimentation treatments without my informed consent using Optogenetics (lights, colors, and/or pulsating colored lights) to manipulate my inhibitory and excitatory neurons and temporal lobe epilepsy, interfering in my Autism livelihood horse and art businesses knowing Social Security Administration directed me to work as a horse trainer; hacking business contact’s and friend’s IDs on Facebook to destroy my Early Autism Interventions in the form of explicit training to be a professional horse trainer, interfere with my horse training and sales horses purchased with personal bodily injury funds intended to provide profit to pay for my Autism supports, services, and medical and other special needs;
(11.)Breaking and entering my Alachua County, Florida horse farm property to lynch my Autism service dog;
(12.) Interfering with and destroying my family relationships with my daughter and granddaughter;
(13.) Forging my informed consent(s) at University of South Florida, hacking me through USF’s web portal for appx. the two years following Michael W. Hoffmann, M.D.’s abandonment of me as a patient, and use of my medical information with USF to place me into a Worldwide consortium of research Universities and entities for medical experimentation on my Autism and savant syndromes without my informed consent;
(14.) Falsely imprisoning me in my room at the Clearwater Day’s Inn by blocking my door, and threats of intimidation, coercion, and arrest;
(15.) Hacking and interfering with my Autism access to the Internet;
(16.) Interfering with farm after farm where I attempted to board my medically prescribed Autism disability service therapy horse to cause them to make me leave, as I was informed FBI did by Deborah Barnhart;
(17.) Engaging in concerted acts of retaliation by bringing Hon. James Whittemore to stalk me to the Clearwater Mall Panera’s Bread restaurant in retaliation for my filing a Titles II & III Americans With Disabilities Act and Sec. 504 discrimination complaint against his Court Report Linda Starr with the National court Reporter’s Assn. for refusal to provide me Autism language access accommodations at a Court hearing on about May 24, 2006 where FBI agents appeared in numbers in the Courtroom and I was punished directly for my complex Autism disabilities status in retaliation for asking for Autism access accommodations;
(18.) Interfering with Attorney-Client Privilege by placing me as law clerk carrying out my Autism employment duties on the Federal Bureau of Investigation's Terrorist Watchlist for having gone on a website to ensure the represented client did not post a communication from a Sixth Judicial Circuit of Florida Judge-Defendant publicly, at the request of the Judge-Defendant;
(19.) Blocking my employment application for a White House Fellow position as a person with Autism and obstructing my efforts to obtain employment with numerous other employers on and off the Internet;
(20.) Interfering with my mortgage, zoning, and property tax exemptions, neighbors, and others in the physical areas surrounding my home, breaking locks on my gated property, installing video cameras into my home and showing them to federal prisoners to mock my Autism during sexual relations with my husband among other Autism bullying harassment, and hacking my blackberry cell phone with a pop-up window to attempt to involuntarily force me against my will as the only option to call for help from the barn to my husband in our home to call “Afghanistan” thereby preventing me from using my cell phone for emergencies related to my Autism personal safety;
(21.) Doing all of the above solely to retaliate against me as an Autistic American for exercising and attempting to exercise my Autism and disability civil rights, as I was informed by hacker informants on my Facebook page that these acts against me constitute “retaliation” and that the FBI was attempting to bring “False accusations” or charges against me solely as a civil rights retaliation of my Autism.

5. Pls. provide all civil rights records and Sec. 504 evaluations and other data in whatever form including but not limited to compliance with the Convention Against Torture and Genocide Convention pertaining to IV.E. & 1-2 for injuries being caused to vulnerable people with Autism, their medical care, Autism therapies, and Autism income and other supports, services, and carers.

6. Pls. provide all civil rights records and Sec. 504 evaluations and other data in whatever form including but not limited to how IV.H and VI.A comply in their entirety, for each and every section and subsection, and in all aspects with the Convention Against Torture and Genocide Convention pertaining to injuries being caused to vulnerable people with Autism, their medical care, Autism therapies, and Autism income and other supports, services, and carers.

7. Pls. provide all civil rights records and Sec. 504 evaluations and other data in whatever form including but not limited to how V.A and VI.A comply in their entirety and in all aspects with the Convention Against Torture and Genocide Convention pertaining to injuries being caused to vulnerable people with Autism by cutting off timely access and receipt of all of their medical care, Autism therapies, and Autism income and other disability and Autism supports, services, and carers necessary to meet the appx. $3.2 million Autism necessity cost over a person with Autism’s lifetime and using those acts of deprivation of Autism necessity needs funding to entrap the person to commit any type of crime whatsoever including but not limited to financial crimes.

8. Pls. provide all civil rights records and Sec. 504 evaluations and other data in whatever form including but not limited to how VII complies in all aspects with the Convention Against Torture and Genocide Convention pertaining to discrimination, retaliation, bullying, Autism civil rights hate crimes, and injuries being caused to vulnerable people with Autism, and legal cause for why it is not pre-empted, superceded, amended, or repealed by those civil and human rights treaty laws.

Regarding Mukasey: THE ATTORNEY GENERAL'S GUIDELINES FOR DOMESTIC FBI OPERATIONS

1. Pls. provide all civil rights records and Sec. 504 evaluations and other data in whatever form including but not limited to how the authorization of the Attorney General as provided in sections 509,510,533, and 534 of title 28, United States Code, and Executive Order 12333 to create FBI guidelines complies in all aspects with the Convention Against Torture and Genocide Convention pertaining to discrimination, perpetuating the discrimination of others, retaliation, bullying, Autism civil rights hate crimes, and injuries being caused to vulnerable people with Autism, and legal cause for why it is not pre-empted, superceded, amended, or repealed by those civil and human rights treaty laws.

2. Pls. provide all civil rights records and Sec. 504 evaluations and other data in whatever form to demonstrate that each and every and all persons, parties, and entities described in guidelines including but not limited to the Justice Department's National Security Division, the FBI's Inspection Division, Office of General Counsel, and Office of Integrity and Compliance, along with other components, the National Security Division's Oversight Section, the FBI's Office of General Counsel, the United States Attorney's Office and Professional Responsibility Advisory Office, and all states’ Fusion Centers have been provided specific Autism training including of sufficient extensiveness and depth to fully understand the neurological, biological, genetic, and epigenetic complexities of people with Autism;

3. Pls. provide all civil rights records and Sec. 504 evaluations and other data in whatever form including but not limited to how I.A-D, II & II.A-C, III., IV., V.A-C, VI. A-D, VII., and all sections and subsections thereunder comply in their entirety, for each and every section and subsection, and in all aspects with the Convention Against Torture and Genocide Convention pertaining to injuries being caused to vulnerable people with Autism, their medical care, Autism therapies, and Autism income and other supports, services, and carers. With respect to the “proactive” language in those sections and subsections pls. provide all Sec. 504 compliance records that legally justify speculation and conjecture against Americans with complex Autism disabilities in violation of the “direct threat” specific and objective test established for Sec. 504 compliance under School Bd. of Nassau County v. Arline, 480 U.S. 273 (1987), and how the proactive authorizations are barred when the disabled Autistic Americans does not pose a “direct threat” under the Sec. 504 Nassau County School Bd. civil rights test.

4. Pls. provide all civil rights records and Sec. 504 evaluations and other data in whatever form pertaining the above-described FBI Guidelines as applied to the following civil rights violations against my Autism:

(1.) FBI attack intended to kill or maim my medically prescribed Autism disability therapy service horse that left him maimed and crippled to deprive me of the medical therapy I use to treat my Autism and brain neurological conditions, as I was informed FBI did by Krissy Rodriguez;
(2.) Blocking Autism access to the Vaccine Court to file a claim for Vaccine injury;
(3.) Blocking Autism access to numerous state and federal Courts and agencies and bar examiners in Florida and California to block the First Amendment Autism and disability civil rights filing of claims and/or lawsuits for injuries and civil rights access;
(4.) Planting a male with a fake medical license instructed to attempt to kiss me to obtain my brain scans and other private confidential brain scans, genetic, and medical information, placing my DNA in a law enforcement database even though I have never been arrested or convicted of any crime, causing medical malpractice by the failure to timely treat my cascading traumatic brain injury resulting from a January 05, 2008 car accident, leaving me abandoned without any access to any medical care, and interfering with and attempting to destroy my marriage;
(5.) Blocking timely Autism access and vulnerable Autism disabled adult payment of 1-3 types of Social Security disability benefits, Nationwide Insurance Company uninsured motorist benefits, and other Autism, disability, personal injury, and income and/or business or employment income supports;
(6.) Breaking and entering my locked vehicle, theft of my Florida driver’s license, and alteration of my Florida Dept. of Highway Safety and Motor Vehicles Class E operator’s license to false omit my prior California driver’s license state of issue and falsify the official Florida records to state I only had a Learner’s Permit;
(7.) Cutting my Autism disability therapy service horse girth at the elastic end to attempt to cause bodily injury or death to me as a vulnerable disabled Autistic adult when I tried to ride my medically prescribed Autism disability therapy horse;
(8.) Breaking and entering my Alachua County, Florida horse farm property twice to inject my medically prescribed Autism disability therapy horse with drugs followed by hitting him with high-pitched sounds from off my property to cause him to trample me and kick me in the head three times with partially shod hooves to cause me bodily injury or death knowing I am a vulnerable disabled Autistic adult;
(9.) CIPAV’ing and destroying between one and three of my medically prescribed AAC Autism Internet communication computers to prevent my ability to communicate due to the markedly limited verbal abilities inherent in my Autism;
(10.) Cyberbullying me on Facebook and Twitter and numerous other Internet blogs under my name and/or various internet pen name IDs I have used (“CellosPride,” “CP,” “YogiBear,” “EquiisSavant,” “EquiisAutisticSavant” and/or others, including but not limited to at Internet Chronicle of the Horse Bulletin Boards, ezboard.com (horse forums including but not limited to “AnnTM” and “Towanda” threads posted at http://p.218.ezboard.com/fthetackroom17816frm14.showMessageRange?topicID-43.topic&start=61&stop=80 and elsewhere within those forums where posters stated they were obstructing my California and Florida bar admissions, California and Florida civil rights lawsuits and other lawsuits raising my disabilities, enforcement of all DOJ civil rights complaints I filed and want to file and similar complaints at all other federal agencies, blog-hopping on the Internet to stalk me, and intent to cross state lines to pose physical threats to myself, my family, and my medically prescribed Autism disability service therapy horse), at Volokh.com, Patterico.com, Topix, Craigslist, and others, making threats to murder me, giving MK Ultra directives to try to make me commit suicide such as e.g. ‘Why don’t you just kill yourself’ with posts depicting humans and other objects burning in flames, sexually harassing me, intimidating me by hacking on my Facebook pg. that ‘the President gave her a death sentence on a CIA assassination list’ solely for exercising my Autism civil rights, conducting medical experimentation treatments without my informed consent using Optogenetics (lights, colors, and/or pulsating colored lights) to manipulate my inhibitory and excitatory neurons and temporal lobe epilepsy, interfering in my Autism livelihood horse and art businesses knowing Social Security Administration directed me to work as a horse trainer; hacking business contact’s and friend’s IDs on Facebook to destroy my Early Autism Interventions in the form of explicit training to be a professional horse trainer, interfere with my horse training and sales horses purchased with personal bodily injury funds intended to provide profit to pay for my Autism supports, services, and medical and other special needs;
(11.) Breaking and entering my Alachua County, Florida horse farm property to lynch my Autism service dog;
(12.) Interfering with and destroying my family relationships with my daughter and granddaughter;
(13.) Forging my informed consent(s) at University of South Florida, hacking me through USF’s web portal for appx. the two years following Michael W. Hoffmann, M.D.’s abandonment of me as a patient, and use of my medical information with USF to place me into a Worldwide consortium of research Universities and entities for medical experimentation on my Autism and savant syndromes without my informed consent;
(14.) Falsely imprisoning me in my room at the Clearwater Day’s Inn by blocking my door, and threats of intimidation, coercion, and arrest;
(15.) Hacking and interfering with my Autism access to the Internet;
(16.) Interfering with farm after farm where I attempted to board my medically prescribed Autism disability service therapy horse to cause them to make me leave, as I was informed FBI did by Deborah Barnhart;
(17.) Engaging in concerted acts of retaliation by bringing Hon. James Whittemore to stalk me to the Clearwater Mall Panera’s Bread restaurant in retaliation for my filing a Titles II & III Americans With Disabilities Act and Sec. 504 discrimination complaint against him under 28 U.S.C. Section 372 Judicial Misconduct procedures and also against his Court Report Linda Starr with the National court Reporter’s Assn. for refusal to provide me Autism language access accommodations at a Court hearing on about May 24, 2006 where FBI agents appeared in numbers in the Courtroom and I was punished directly for my complex Autism disabilities status in retaliation for asking for Autism access accommodations;
(18.) Interfering with Attorney-Client Privilege by placing me as law clerk carrying out my Autism employment duties on the Federal Bureau of Investigation's Terrorist Watchlist for having gone on a website to ensure the represented client did not post a communication from a Sixth Judicial Circuit of Florida Judge-Defendant publicly, at the request of the Judge-Defendant;
(19.) Blocking my employment application for a White House Fellow position as a person with Autism and obstructing my efforts to obtain employment with numerous other employers on and off the Internet;
(20.) Interfering with my mortgage, zoning, and property tax exemptions, neighbors, and others in the physical areas surrounding my home, breaking locks on my gated property, installing video cameras into my home and showing them to federal prisoners to mock my Autism during sexual relations with my husband among other Autism bullying harassment, and hacking my blackberry cell phone with a pop-up window to attempt to involuntarily force me against my will as the only option to call for help from the barn to my husband in our home to call “Afghanistan” thereby preventing me from using my cell phone for emergencies related to my Autism personal safety;
(21.) Doing all of the above solely to retaliate against me as an Autistic American for exercising and attempting to exercise my Autism and disability civil rights, as I was informed by hacker informants on my Facebook page that these acts against me constitute “retaliation” and that the FBI was attempting to bring “False accusations” or charges against me solely as a civil rights retaliation of my Autism.

5. Pls. provide all civil rights records and Section 504 evaluations and other data in whatever form including but not limited to how the FBI Guidelines comply in their entirety and in all aspects with the Convention Against Torture and Genocide Convention pertaining to injuries being caused to vulnerable people with Autism by cutting off timely access and receipt of all of their medical care, Autism therapies, and Autism income and other disability and Autism supports, services, and carers necessary to meet the appx. $3.2 million Autism necessity cost over a person with Autism’s lifetime and using those acts of deprivation of Autism necessity needs funding to entrap the person to commit any type of crime whatsoever including but not limited to financial crimes, and the funding the FBI and United States has set aside to pay money damages for all such injuries and losses to persons with Autism whose Autism and disability civil rights and Treaty rights are violated.

Conclusion

As you are aware, the acts committed against me above give me the legal right to sue those who have violated my Autism and disability civil rights and Treaty rights based on Bivens, Federal Tort Claims Act, Section 504, and/or other civil rights laws.

Additionally, I am claiming entitlement to expedited processing because the lack of expedited treatment could reasonably be expected to pose a threat to my life or physical safety; I will suffer the loss of substantial due process rights and thus expedition is appropriate; I am a person primarily engaged in disseminating information to the public under various Internet pen names including but not limited to my own name and EquiisSavant and EquiisAutisticSavant and EquiisAutisticSavantArtist and the information is urgently needed to inform the public concerning some actual or alleged federal government activity; and, finally, expedition is appropriate because the subject of Autism and all matters pertaining thereto is of widespread and exceptional media interest and the information sought involves possible questions about the government's integrity which affect public confidence.

I anticipate hearing from you within 10 working days (34 C.F.R. § 5.51(d)). Thank you for your attention to this matter.

This is notice that for each and every item you unjustifiably withhold under a “pre-text,” I intend to seek to raise a spoliation of evidence claim under Florida law and Fed. R. Civ. P. 26 and seek to impose the spoliation evidentiary presumptions against those who have committed these civil rights violations against me.

I am publishing this Letter to Amend your Response To Congress and FOIA Request on my Autism blog to inform the Autism community of these significant matters of public concern, as well as providing a copy of it to Congress Intelligence Committees. I may also share on my Autism blog your response and the records you produce, including any refusal to cooperate with “transparency” in the FBI’s targeting of persons with severe Autism disabilities for civil rights violations by the pre-textual use (mis-use) of United States counter-terrorism laws and criminal investigations.

I declare under penalty of perjury pursuant to 28 U.S.C. Section 1746 that I am authorizing you to release all information concerning and/or indexed to me under any of my names as above-mentioned / and/or involving in any way my doctor – patient relationships directly to me as a pro se person holding a Juris Doctorate degree and having passed the California Bar Examination, and I am additionally authorizing you to release all information concerning and/or indexed to my deceased mother, Claire Ann Day and/or Claire Ann Thrun and/or any other alias name under which she is known to you as her only sole heir known to me and her, specified as beneficiary in her last California holographic will, who is under that will her personal representative of her (as-yet unprobated) will and estate.

I also declare that as I was writing this request to report to Congress, my AAC Autism Internet computer was heavily hacked, obstructed my ability to write this request to report, and I was also obstructed specifically from viewing the FBI FOIA components list on the FBI Internet website.

Respectfully,
/S
Mary Katherine Day-Petrano"

White Affluent Male Bias Causes Disparate Impact Untimely Autism Diagnoses, Additional Neurological Injuries, & Autism Undercount To Minorities

2011-07-18T19:53:00.000-07:00

I responded in a tweet-out on Twitter to a tweet of THIS article by another member of the Autism community, HERE: http://www.psychologytoday.com/blog/aspergers-diary/201001/bias-bettelheim-and-autism-is-history-repeating-itself

The article starts off with the proposition: "Autism caused by whiteness and affluence." Id.

The article then goes on to point out the tragedy occurring to Hispanics and Blacks who receive UNTIMELY Autism diagnoses, thereby setting into motion a series of domino-like events resulting in the failure to get TIMELY Early Autism supports, thereby, as a consequence, inflicting additional neurological injuries on those with Autism.

The article describes the struggles these minorities are experiencing as a result of receiving UNTIMELY Autism diagnoses, the Autism being trivialized, and them being brushed-off, largely as a result of a lack of sufficient SPECIFIC Autism training to spot the Autism in a diagnosis. And, complains that Autism MOTHERS are STILL being blamed for "causing" their child to have Autism !

I felt this article merited my opinion and commentary -- particularly since Asperger's WOMEN also show a trend of receiving UNTIMELY Autism diagnoses due to GENDER bias. I am re-posting my tweet-out on this here for everyone to ponder.

MY TAKE ON IT AS AN ADULT WOMEN WITH AUTISM

"EquiisSavant @apps4autism The article asks some good questions. But here is what I think from research I have done, & personal experience having Autism

EquiisSavant @apps4autism Yes, Autism is largely seen in Caucasians of European and Jewish Middle Eastern descent -- susceptibility genomes

EquiisSavant @apps4autism But, Hispanics / Latinos get undercounted with Autism bcuz of ignorance of Spanish ancestry Autism genomes.

EquiisSavant @apps4autism For the same reasons Asperger's is not being properly identified for gender-biased reasons in women, ...

EquiisSavant @apps4autism ..Autism is not being properly identified in Hispanics & Latinos due2 cultural bias. There simply is NOT enough Autism training

EquiisSavant @apps4autism This results in women with Autism & Hispanics / Latinos with Autism not getting the help & supports we need.

EquiisSavant @apps4autism You ask, what about Autism in black[s] ? Checking racial categories on US Census is VOLUNTARY.

EquiisSavant @apps4autism There have been generations of interracial births now. Is an interracial child more white or more black ?

EquiisSavant @apps4autism This makes a significant difference, bcuz if you take genomes & migration, black Americans may hav EU Caucasian genes / DNA

EquiisSavant @apps4autism Or, Jewish or European Spanish ancestry. So what you see is not necessarily the genome you get.

EquiisSavant @apps4autism Somalis, for example, do hav an Autism problem ! Ashkenazi settlers at the root of it, from what I hav read.

EquiisSavant @apps4autism We call this Country "The Melting Pot of America" - an interracial mix, that includes Caucasian Autism susceptibility genes.

EquiisSavant @apps4autism But the point of ur article raises an alarming trend of Autism diagnoses being missed bcuz of racial, gender, & cultural biases

EquiisSavant @apps4autism This has a disparate impact on minority communities of women, Jewish descendants, Hispanic/Latinos, & black Americans.

EquiisSavant @apps4autism ONCE AGAIN, we see the only real group making out with timely Autism diagnoses & supports r WHITE AFFLUENT MALES

EquiisSavant @apps4autism This is Wrong- discriminates against, disadvantages, & disempowers minorities with Autism by discriminatory failure to diagnose

EquiisSavant @apps4autism Maybe I should write a blog post about this, bcuz I feel the same pain as a women with Autism as blacks & Hispanics / Latinos.

EquiisSavant @apps4autism The common denominator is the Autism genome susceptibility - not the outward appearances.

EquiisSavant @apps4autism ANY child or adult w/Autism who does not get TIMELY EARLY diagnosis & misses out on needed supports, suffers neurological injury

EquiisSavant @apps4autism The neurological Autism injuries inflicted by UNTIMELY diagnoses & supports occurs without regard to race, ethnicity, or gender

EquiisSavant @apps4autism But the problem is, there is a disparate impact of injury on ALL protected minorities EXCEPT WEALTHY WHITE MALES.

EquiisSavant @apps4autism WHERE hav we heard this age-old story BEFORE ? It pervades the history of our Country.

EquiisSavant @apps4autism And, by the way, you left out Asians -- if you read much, you will also note that China has an Autism problem, too !"

I sincerely hope my commentary will inspire the Autism community to draw together to find ways we as Americans can end the Autism diagnosis disparate impact bias that is inflicting additional neurological injuries on so many people with Autism, destroying lives and families, and bankrupting our Country by increasing the cost of lifetime Autism care and so many lost lives and opportunities.

It DOESN'T HAVE TO BE THIS WAY !~!!!

Some Pertinent Observations On How Our State And Federal Court Systems Are Failing The AUTISM People

2011-06-27T08:01:00.000-07:00

I have been going over my daily logs of my experience during the years-long Martin Luther King, Jr.-style FBI Autism bullying attacks on my Autism and my family because I speak out about the Dire plight of people with Autism in this Country and certain of our states.

I came across this post I made in comments on Facebook during appx. August 2010, and I am re-publishing it here because we have an EPIDEMIC CRISIS of AUTISM PROPORTIONS with how people with Autism are being abused and mis-interpreted and dealt very wrong and inappropriate mis-treatment by our state and federal Court Systems, often "criminalizing" Autism status, and punishing the innocent simply because our Autism neurology is not understood or GRASPED by those in positions of power, who cut every cheap expedient corner to warehouse and not fully fund Autism any way they can.

Martin Luther King, Jr. brought civil rights change for the better of every human by saying: "I have a Dream ..."

People with Autism answer you, Dr. King, with our own saying: "I have a VOICE"

It is there for those who can listen:

MY AUGUST 2010 FACEBOOK COMMENT POST:

"I have not yet seen one single courthouse anywhere in this Country that is built for the sensory oversensitivities and severe communication and social interaction requirements of anyone on the Autism spectrum - additionally, I have not seen one single courthouse that transcribes all of the non-verbal facial expressions, gestures, eye gazes etc into the "word" transcript so the Autistic person can actually follow the conversation and make sure others are not "interpreting" his or her non-verbal neurology over which there is often as little voluntary control as an epileptic in seizure. Robinson v. California, 370 US 660 (1962). And if the Autistic also has epilepsy or TLE, then they are squarely under that case anyway - esp. if the TLE disrupts their hearing and language areas.

How can they 'arrest' any Autistic if the above are not met ? You don't arrest people you cannot put to a trial, and they obviously cannot put any Autistic to trial in a 'legal presence' sense (a requirement of due process - pretty much unanimous rule all around the Country in every jurisdiction state and federal) if the above is not met.

So wtf are they doing other than false imprisonment ? When I see these stories I just get so mad that others are willfully ignorant and intentionally abusive, pronouncing a sentence on a person who probably understood less than 1 % of the communication going on in the courtroom - how that does not meet "beyond a reasonable doubt" (doubt being injected due to the 99 % probablility the entire fact set is in error), is beyond me.

Another point is, whatever % the Autistic can understand in the courtroom is the same in the law enforcement investigation - unless everytime law enforcement is taking reports from others, using wiretaps, etc, they are ensuring the interface is PECs or one of the other ways an Autistic can understand 100 % of the communication in a TWO-WAY manner and vice versus, instead of just 1 % of the communication, that all echolalia be identified and removed (stricken from all investigative reports, "confessions," bases for probable cause or even a warrant, and court hearings & "the record) and that all tipsters and reporters used to ground a law enforcement investigation or used for background checks can prove certification in Autism education and training (and this incls. neighbors, friends, relatives, etc) - because otherwise they could be giving a 99 % mis-interpretation or describing their own lack of Autism knowledge and blaming the vulnerable Autistic for that. We see far too many of these "others" killing Autistics lately "because they wanted normal kids" - so any reports from them w/o proof of formal Autism education and training should never be used - and this goes as well to bar admission background checks and employer background checks.

I'm just saying - because in Autism spectrum people, the communication gap physically exists at the synapse, and this occurs very early in childhood - not something the court can just speculate or "pronounce" can be changed to "normalize" the Autistic to the court's operational processes and sensory - language inaccessible courthouse buildings and communication systems used in cases and investigations currently.

Additionally, anytime a court official cues the anti-Autism discrimination words 'you don't look like' or 'you seemed to do just fine to me' - these are examples of judicial misconduct because medical science has proven under the physical laws of nature that the human eye and senses cannot see inside the brain to examine the synapse w/o extremely high tech and expensive state-of-the-art brain scans of various types - and it is misconduct for a judge to knowing take a case in which he or she is incompetent.

Hello designers of law enforcement investigations and courthouses and operational processes used in cases in courthouses when the person is on the Autism spectrum - EACH AND EVERY REASONABLE ACCOMMODATION' REQUEST REQUIRES DAUBERT OR FRYE (FLORIDA) EXPERT BRAIN NEUROLOGIST INVOLVEMENT TO CARRY OUT THE SEC. 504 & ADA DUTIES OF 'REASONABLE ACCOMMODATION' AND EVEN THE 'INTERACTIVE PROCESS' - that is the rule, any part of cases / investigation that cannot be determined by purely 'common sense' lay person naked eye eval. REQUIRES an expert.

Autism spectrum people with a diagnosis (to even get the diagnosis) by the definition and criterion of the diagnosis itself, cannot 'interact,' and therefore cannot engage in 'interactive process' - if no EXPERT BRAIN NEUROLOGIST IS INVOLVED IN THE EVALUATION OF THE 'REASONABLE ACCOMMODATION' REQUEST, THEN THERE IS VIOLATION OF THE CIVIL RIGHTS STATUTE BECAUSE THE BREAKDOWN OF THE "INTERACTIVE PROCESS" NECESSARILY MUST BE ASSIGNED TO THE GOVERNMENT ENTITY AT THE GIT-GO SINCE THE AUTISM SPECTRUM PERSON'S SYNAPSES PREVENT 'INTERACTION' - THE NECESSARY INGREDIENT FOR 'INTERACTIVE PROCESS' TO OCCUR AND THE AUTISTIC CANNOT BE ASSIGNED PENALTY FOR SYNAPSE STATUS, Robinson v. California, 370 US 660 (1962).

= VIOLATION OF THE CIVIL RIGHTS STATUTE, PER SE. Sec. 504, Sec. 508, Title II ADA.

I also just want to say, I am just shocked that so many extremely bright people, these people who have the incredible talents to work for the FBI, be our judges, do forensics etc are DUMB AS DOORKNOBS when it comes to what an Autism spectrum medical condition is and what it means in application to their sphere. If our best and brightest cannot mentally understand what an Autism spectrum person and medical condition IS, then how can they even be allowed contact with the Autistic person or case - much less given a deadly weapon like a tazer or gun with a wanton abandoned and malignant heart (the same standard THEY use to convict second degree murderers).

There is a HUGE AUTISM PROBLEM IN THIS COUNTRY - THAT IS THE EPIDEMIC, THE LACK OF FORMAL AUTISM EDUCATION AND TRAINING !!!!!!!!!!!!!!!!!!!"

What can we do as an Autism community to peacefully bring about the change necessary to end the inhumane mis-treatment of millions of people with Autism in our Country ? We are humans, too. Don't we deserve equal rights, compassion, and to have the Neurotypical majority pass around some of their often touted "Empathy" ?

My Updated "Autism Gang Bullying Policy" Public Records Request On The Florida Bar

2011-06-24T11:42:00.000-07:00

In response to the e-mail I received from The Florida Bar Record's Custodian copied to Their General Counsel, Paul Hill, captioned:

"From: Jenny Jolinski
Subject: Public Records Request -- Day-Petrano 2011/05/25
To: "Mary Day-Petrano"
Cc: "Paul Hill"
Date: Friday, June 17, 2011, 10:50 AM,"

I made a more specific, further Title II Americans With Disabilities Act public records request today for The Florida Bar's "Autism Gang Bullying Policy" Applicable to Florida Lawyers They License Who Engage In Gang Autism Bullying and how the policy applies to Attorney Discipline to make the Autism bullying stop:

"Pls. provide me SPECIFICALLY The Florida Bar's Autism Bullying Policy including how it is providing group gang bullying Bar discipline complaints to be filed against multiple lawyers in ONE complaint, rather than breaking such Autism bullying complaints up into separate individual complaints that are not compliant with Title II of the Americans With Disabilities Act to address Florida Bar lawyer gang Autism bullying. Paul Hill informed me he KNOWS the Florida Bar's Title II ADA self-evaluation is currently non-compliant and must be updated for the Amendments to the ADA and given that ALL public entities are being REQUIRED to have gang Autism bullying policies, he KNOWS the new self-eval as well as lawyer gang Autism bullying complaint forms and procedures MUST be compliant with that.

I wish to file an Autism gang bullying complaint against Florida lawyers at this time. By definition, a gang is not an "individual" complaint againt an "individual" lawyer. I am in imminent safety threat to my Autism well-being for every day I am barred by Autism barriers existing at The Florida Bar from filing this complaint.

If you do not provide me the requested public records, I will regard The Florida Bar's failure as a declaration against interest under Florida and Federal Rules of Evidence that lawyers it licenses are engaging in gang Autism bullying and that The Florida Bar has NO Title II ADA compliance to make it stop thereby placing people with Autism at physical safety threats of injury and harm from Florida lawyers it licenses and has respondeat superior liability.

Thank you kindly,

Respectfully,
Mary Katherine Day-Petrano"

I will share The Florida Bar's response with the Autism Community on this blog and keep everyone updated.

My Personal Opinion On How It Feels As A Highly University Educated Adult With Autism / related Brain Injuries To Be De-valued By Non-Autistic Society

2011-06-11T15:18:00.000-07:00

I was going to begin this post a much different way, but the Autism bullies who have been hacking my Autism AAC Internet computer just commandeered my screen and obliterated my post part way finished. Now I feel like Snoopy's 'A dark and Stormy night,' no good, crumple up the paper, and start the piece over again. Except that is a non-Autistic sterotype, and I do not use paper.

I have to warn my readers, I have a significant aphasia and also some paralysis to some of my facial features and expressions resultant from my Infant Paralytic Poliomyelitis Autism Vaccine injury. That means, critical parts of my left brain language sequence - order - and linear organizational functions have been damaged or otherwise do not exist like they do for my non-Autistic counterparts. It also means, NO one can "interpret" any meaning from how my voice sounds or trying to "read" my facial expressions, gestures, or the like ("non-verbal language communication").

There are three essential segments of society, all of them Totally Ignorant about Autism, who become highly irritated when they must interact and integrate themselves with an adult with Autism: People who really know me by living around me like my caretakers have; People who know me who are totally Ignorant about Autism and have not been clued-in how to "issue-spot" it to get the maximum Exam question points, People who have to deal with me by having some duty to me or I to them; and all other people and acquiantances I run into if I go somewhere.

Non-Autistic society has decreed an Eleventh Commandment that people with Autism are required to exhibit the same facility in navigating the social World with the same Top "normal" Exam Score as the "common sense norm" of the non-Autistic World prefers. Unfortunately, some of the most recent scientific research, see HERE: http://health.yahoo.net/news/s/afp/healthusresearchautism, provides proof people with Autism cannot do this because it is against the laws of Nature.

I think most of my readers from the Autism community, especially those of us who travel the adult Autism circuits, pretty much know that adults with Autism experience a similar difficulty that can only be described analogously to the "coming out of the closet" of Gay men and Lesbian women. In all contexts, we either choose to "come out" or we are "outed" by others not of our minority groups who disapprove of who and what we are. Adults with Autism likewise experience the phenomenon of "coming out" or "being outed."

I was "outed" after I became probably the first person with Autism to historically graduate an American Bar Association-accredited law school, and my non-Autistic peers in the legal profession[1] disapproved of the idea a person with Autism would ask to become integrated in their almost 100 % non-Autistic homogeous group[2] of Bar / court franchises around the Country.

Being "outed" was really quite an unpleasant experience, because suddenly I felt like Anne Frank when persons who were Intolerant were looking to "out" her because she had Jewish heritage. In my case, it was when the California State Bar Court Hearing Dept. Judge denied me my California Bar license by stating the anti-Semitic Ashkenazi / Sephardic predicate Bar Associations around the Country used to keep out European Jews in this Country's history: "The debate which Applicant raises is not a new one. It is as old as the continuing societal debate on free will versus predestination." Cal. Bar Ct Hearing Dept., Case No 94-M-18311-NRL, pg.12.

In essence, the non-Autistic part of the legal profession did NOT want to integrate with me because I'm a person with Autism descended from "capable hunter-gatherers in prehistoric times, according to a paper published in the journal Evolutionary Psychology in May," see HERE: http://www.sciencedaily.com/releases/2011/06/110603122849.htm, and because "genes that contribute to autism may have been selected and maintained because they created beneficial behaviors in a solitary environment, amounting to an autism advantage", Id. - they were Envious of the gifts of an Autistic savant and Autism more specifically.

All of us who travel Autism circles have seen the type of social cooperation-bully calling that frequently occurs among the Neuro-typical social type. It's bad enough when it's a Frat hazing, like that which occurs sometimes among peers in other professions such as business, accountants, doctors, veterinarians, dancers, etc., but when Frat hazing Autism bullying occurs in the legal profession the adult with Autism gets "outed," ostracized, and excluded - very often as we see at Barbaric places such as the Rotenberg Center, preyed on, hunted down, and retaliated. And why it is Worse for those of us adults with Autism who Dream of traveling legal peer circles ? Because ...

Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), gave courts the right to "say so." But I think thomas Jefferson and Benjamin Franklin would have certainly replied: 'That's not good enough.'

My "outing" was the result primarily of the freak-out Neuro-typicals had when encountering my Autistic intelligence, Autistic language, and Paralytic Poliomyelitis residual facial paralysis and motor neuron disabilities and what it did to my sound of voice and inability to both read facial expressions, gestures, and the like ("non-verbal language communication") and for them to be "read" by other non-Autistic people, as well as my Ashkenazi and Sephardic Jewish ancestry containing the homo neanderthalensis genes. Being "outed" for my neuro-religious species convergence type[3] made me feel like J. Edgar Hoover must have felt when he was "outed" wearing the infamous "Red Dress" that gave rise to the "Red Scare" (otherwise known as "McCarthism"), or how Lucille Ball must have felt when she was "outed" with Desi.

Non-Autistic people who bully people with Autism by using social cooperation-calling techniques, frequently push around and abuse a lot of helpless Autistic children and helpless adults. I hear a lot of Horribly derogatory remarks, such as "Hey Retard," or "Stupid Idiot," or "Why can't you be like us?", or talking over our heads about us to others as if we do not know the Incredibly insulting and very mis-guided things they are saying about us. See Ari N'eeman: "Nothing about us without us."

I get to say how DE-VALUED this makes people with Autism feel, because (to borrow Hon. Clarence Thomas' sense of achievement in having earned it on merit), I have three University degrees and passed the same 'most difficult Bar Exam in the Country' as everyone else, and I can describe how it makes ME feel to be called those kinds of words as if I were a piece of dirt on the ground that has no value or worth.

People with Autism do not Deserve to be mis-treated this way just because we are historically different than Neuro-typical non-Autistics, just because we have an adaptive Autistic advantage under some evolutionary environments, see HERE: http://www.sciencedaily.com/releases/2011/06/110603122849.htm And, really, it is totally anti-Semitic !

People who live around me all day like my caretakers, who really know me, do not usually have a "problem" with my Autistic nature. The other three categories ALL across-the-board mis-interpret, mis-judge, and mis-perceive almost everything about me and my intentions - and most especially that I am Not Stupid. I just Can't Talk.

The existing mis-treatment and pervasive abuse of people with Autism is currently at levels approaching Medieval torture. We have many talents adaptive to areas where non-Autistic Neuro-typicals fall short. This is not a matter of social heirarchy -- it is a matter of science and the neurological difference. The same way a K-9 can be adaptive for Natural Disaster research and rescue.

I am not going to stop sharing my life as an adult with Autism, because if there is just ONE person with Autism my life and efforts help to live a better quality and better understood life for my speaking out, then my life has been worth it.

How other make people with Autism feel is somthing to think about. We DO feel -- more intensely, in fact, than others.

___________________________
[1] My non-Autistic peers include basically lawyers, judges, legal assistants and the like who speak the same "legalese" language I was explicitly taught to speak, and this is evident to anyone who ever went to law school.

[2] I have frequently asked Bar Examiners, Bar Associations, Lawyers, Judges, and other legal profession people if they know what Autism is, and I never once got a response that -- if it were painted in a painting -- would not look like a Chimp with their mouth hanging wide open. "Huh ?" Therefore, such almost 100 % total Autism Ignorance serves as an admission by act that literally every lawyer, judge, and other legal profession position is 100 % homogeneuosly held by those who are non-Autistic (hereafter "Neuro-typical").

Nationwide Elderly & Disabled Autism / Brain Injury Abuse: Bad Faith

2011-06-11T12:55:00.000-07:00

I was a passenger when rear-ended in an auto accident during January 05, 2008 in which my seat restraint broke upon impact, throwing me against the interior of the vehicle, and, over five brain scans, showed a cascading worsening significant brain injury.

For those who follow me on Facebook and Twitter, know about the ongoing abuse I have been subjected to by Nationwide Mutual Fire Insurance Company in Florida and their UM claims rep "Earl" Charles Law. A YouTube video has been posted for some time with many views concerning the permanent foot deformity inflicted on me when Nationwide refused in bad faith to pay for my necessary medical care, HERE: http://www.youtube.com/watch?v=MT5HgBiZjZc.

I have been asked many times by members of the Autism community to share my journey through life as an adult with Autism, including the numerous ways in which our lives are De-valued and we are Egregiously and Pervasively Mis-treated.

I am now sharing a Declaration under Oath describing how Nationwide and their claims rep committed elderly abuse on my 91-year old Mother-in-law and disabled sister-in-law to try to extort a low-ball settlement of MY UM auto accident brain injury / related injuries claim without my knowledge or authorization (to fraudulently circumvent their having to get my agreement and signature to settle my claim).

The reason this Despicable insurance company engaged in such Outrageous bad faith acts was because of my severe Autism aggravated by the January 05, 2008 significant cascading brain injury caused a spoken and written expressive aphasia (inability to speak and/or write functionally including inability to organize, order, and sequence expressive speech), so they thought they could commit adult Autism bullying and abuse to a person they perceived to be a silent witness who could not tell on them for what they did.

HERE is the Declaration under Oath -- every parent of a child or adult with Autism should give thought to how society and particularly law enforcement agencies and many states such as Florida who are against protecting Autism families and the disabled to further their budget cuts allow such brutality and inhumane acts to be perpetrated upon some of the most vulnerable American citizens.

DECLARATION OF DONNA ROSS:[1]

"I, Donna Ross, declare as follows:

1. I am the sister-in-law of Mary Katherine Day-Petrano, sister of David F.
Petrano, and daughter of Yolanda Petrano. If called upon I could and would
competently testify from first hand personal experience to the facts which I
have stated herein.

2. I am aware that my brother, David F. Petrano and his wife, Mary Katherine
Day-Petrano were injured in an auto accident on about January 05, 2008 in
which Mary's seat restraint broke, throwing her against the interior of the
car, and causing her significant brain injuries.

3. I am also aware that Nationwide Mutual Fire Insurance Company has
delayed paying Mary's medical bills and for her medical treatment resulting
from that auto accident for more almost 2 years under the UM policy,
claim no. 7709 N 7864660105200801 without any regard whatsoever and
without any justifiable excuse by acting in a reckless manner, with
deliberate disregard, and inhumanely against her for the additional extent
of brain damage and exacerbation of other injuries this may have caused
and/or still be causing to her by causing all of her medical care to be
abruptly cut-off.

4. Nationwide's claims representative, Charles Law, then began engaging in
harassment and elderly and adult vulnerable disabled abuse in violation of
Florida Statutes Sec. 415.1111 and 825.103 of myself and my 91 year old
mother, Yolanda Petra no, (and thereby of Mary) by repeatedly telephone
our house, demanding that I "take power of attorney over Yolanda" to sign
off on Mary's UM claim to settle it without any notice to Mary or
authorization whatsoever from Mary and while he knew Mary was the
person injured in the auto accident not myself or my elderly mother. Mr.
Law's intimidating and coercive acts against myself and my elderly mother
to try to destroy Mary's claim to receive payment under the UM policy for
her necessary brain injury medical care and treatment appeared to be forthe purpose of extorting a low ball settlement from Mary without her
knowledge or consent by committing elderly and disabled abuse upon us
(and her).

I declare under 28 U.S.c. Sec. 1746 that the foregoing is true and correct to
the best of my personal knowledge and belief. Executed this 8th day of June,
2011.

Donna Ross, Declarant"

______________________

[1] I have not been able to find any editing feature to make the scan copy fit properly onto the blog post page, and apologize to readers for the way the text wraps around on the Declaration copy.

Note: The Declarant's signature can be seen HERE: http://www.youtube.com/watch?v=0pD0l-muajM

Florida Bar's Autism Discrimination Against Me & Refusal To Require Specific Autism Training For Its Lawyers

2011-06-06T12:47:00.000-07:00

I previously posted Part I in my new series on The Florida Bar’s pervasive Autism bullying and Autism discrimination, officially through itself and more widely through the Florida lawyers it licenses. As mentioned, I was forced to post my series in reverse order, due to the Autism hacking and hackers having been caught hacking my Internet firewall Security Key to prevent me from publicizing my posts about Autism discrimination and bullying that affects not only myself as an adult with Autism but the entire Autism community.

This is part II, concerning the e-mail public records response I received this morning from Jenny Jolinski JJolinski@flabar.org, public records custodian for The Florida Bar that serves under Federal Rules of Evidence as a declaration against interest (ADMISSION) by The Florida Bar that, despite the trade guild’s mission of “administration of Justice” and requirement that every Florida lawyer take an Oath to uphold the federal civil rights laws and United States Constitution Bill of Rights, The Florida Bar is NOT requiring specific Autism education and training and Title II Americans With Disabilities Act specific Autism disability training of the lawyers it licenses in Florida.

The Florida Bar record’s custodian was responding to a public records request I made concerning the specific Autism developmental disability education and training of Amanda Heystek, Esq., FBN 285020, who is the plaintiff class lawyer purporting to represent all developmentally disabled people in Florida including those of us with an Autism diagnosis who are entitled under Florida law to be receiving Medicaid and wait list services under the Olmstead mandate (Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581, 598 (1999)) -- Florida lawyer Amanda Heystek is representing the plaintiff class and Disability Rights Florida Org. in the Dykes v. Dudek, N.D. Fla. Case 4:11-cv-00116-SPM -WCS lawsuit in Tallahassee seeking a remedy for funding Florida’s Medicaid wait list.

When I initially approached Florida Bar-licensed lawyer Heystek, she gave me written e-mail admissions and admissions by act or conduct that she had NO recent specific Autism developmental disability education or training, and displayed COMPLETE IGNORANCE that people with severe non-verbal Autism frequently cannot use telephones or black & white paper print in small fonts, complex language, or forms.

Specifically, Heystek apparently had NO knowledge of the Eleventh Circuit U.S. Court of Appeals’ findings that the plaintiffs in Rendon v. Valleycrest Productions, Ltd., No. 01-11197 (11th Cir. 2002), were screened out by an automated telephone system, rather than by an admission policy administered at the studio door, was of no consequence under the statute; “eligibility criteria are frequently implemented off site-for example, through the mail or over the telephone. Indeed, Congress specifically noted in the ADA’s ‘findings of fact’ that ‘individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers,’ the very sorts of discrimination the statute seeks to redress. 42 U.S.C. § 12101(a)(5) (emphasis added),” Id. (citing Ferguson v. City of Phoenix, 157 F.3d 668 (9th Cir. 1998) (discriminatory 9-1-1 emergency response system)).

When I attempted to explain to Ms. Heystek that many severely Autistic people including myself use AAC computer Internet communication devices, PECS, iPads and similar alternative communication systems, she could not understand the alternative communications format concept, or that the way she framed the lawsuit purportedly representing me as a class member entitled to receive such Medicaid and wait list services under Florida law deliberately and intentionally violated Title II of the Americans With Disabilities Act by leaving out thousands of us – including myself, people with severe Autism being systematically denied meaningful access to Florida’s Medicaid wait list. She instead engaged in a Neuro-typical social-norming exclusion behavior and demonstrated a woeful lack of training to handle Autism behaviors with a severely Autistic person (myself) she was required by law to be HELPING not excluding.

Title II of the ADA requires public entities to: (1) “make reasonable modifications to rules, policies, or practices;” (2) “remov[e] … architectural, communication, or transportation barriers;” and (3) “provi[de] auxiliary aids and services” so as to enable disabled persons to participate in programs, services, or activities. See, 42 U.S.C. §12131(2). Consistent with these principles, in Alexander v. Choate, 469 U.S. 287 (1985), the Supreme Court established that a “public entity” must do more than merely provide access to the benefits that it offers. Instead, a “qualified individual with a disability” must be provided with meaningful access to the benefit that the public entity offers. Id., at 301. This entire well settled Title II Americans With Disabilities Act law governing meaningful access, that also applied to Florida’s Medicaid wait list services, was entirely LOST on Ms. Heystek – she did not appear to have the cognitive capacity to comprehend the extent or neurological nature of severe Autism language - communication barriers affected by appx. 500 genes differently expressed in the frontal and temporal lobes of her plaintiff clients with Autism including myself.

When I questioned Ms. Heystek further, she made the material representation to me that she had Florida Bar CLEs specific to Autism and the Americans With Disabilities Act sufficiently to make her competent to represent the plaintiff severe Autism class that included myself under Rules Regulating the Florida Bar 4-1.1. At that point, I KNEW there was a severe Autism developmental disability access problem. (I had previously obtained public records responses from the Florida Bar under Florida’s open-Government laws whereby Florida Bar records custodians previously ADMITTED The Florida Bar does NOT offer or provide the lawyers it licenses in Florida to undertake SPECIFIC Autism and Title II Americans With Disabilities Act education or training.)

As a result of the material representation made to me by Ms. Heystek contradicting The Florida Bar’s written public records response to me at the same time she could not seem to (or was unwilling to) understand Autism, I exercised my legal right to inquire of The Florida Bar records custodian for Ms. Heystek’s CLE (Continuing Legal Education) record qualifying her to undertake representation of a plaintiff class suing Florida’s developmental disability Medicaid wait list officials that included class members with severe non-verbal Autism who have systematically been denied ALL meaningful access to get themselves on the wait list such as myself.

In response to exercising my LEGAL RIGHT to obtain the specific Autism education and training of the Lawyer representing severely Autistic people including MYSELF who are not only not getting Florida Medicaid wait list services but being deliberately denied meaningful access for YEARS to be ON the wait list, Amanda Heystek’s supervisors at Florida Disability Rights Organization, through Maryellen Mcdonald, viciously retaliated against me in violation of 42 U.S.C. Sec. 12203(a) & (b), -- the Americans With Disabilities Act prohibition against retaliation, trying to intimidate and coerce me to drop me right to be in the plaintiff class to get meaningful access to Autism developmental disability services to which I am entitled, indicative they did not want to inform the Federal Judge assigned to the Dykes case that there are potentially THOUSANDS of VICTIMS with Autism developmental disabilities being deliberately denied all meaningful access to Florida’s Medicaid wait list services.

On a Neuro-tyical neurological level, this resistance by Ms. Heystak can be understood as not wanting to encounter the stigma and unpopularity of having to sue the state of Florida during its budget-cut frenzy for potentially millions or billions of dollars of unfunded Autism supports and services the Title II Americans With Disabilities Act unfunded federal mandate on the state of Florida REQUIRES it to fully and promptly fund. See 2 U.S.C. Sec. 1503(a) & (b). Nevertheless, it constitutes discrimination against the very disabled people she is purporting to represent !~!!! Every lawyer is taught in LAW SCHOOL that undertaking to enforce civil rights may be an unpopular cause - However, it is NOT an excuse or defense to Discriminate against the most vulnerable peopel with severe Autism !

(See recent Yale South Korean Autism study findings the Autism rate is 1 in 38 people in the population (http://ghi.yale.edu/study-shows-high-autism-rates-s-korea); and COMPARE to Florida’s 2011 population of 18,800,000 people (http://www.nbc-2.com/story/14271770/2011/03/17/florida-population-grows-to-18-million?redirected=true), vs. the woeful appx. 20,000 wait list person undercount alleged by Ms. Heystek in Dykes resulting from Title II Americans With Disabilities Act Autism disability language-communication meaningful access barriers and inability to fill forms --> by CALCULATION, given an 18,800,000 population with a 1 in 38 people Autism rate = 494,736 people SHOULD be on Florida's developmental disabilities Medicaid wait list in the class of plaintiffs alleged by Ms. Heystek in the Dykes case); See also Clarkson v. Coughlin, 4 A.D. Cases 1056 (S.D.N.Y. 1995) (public entities have an affirmative duty to implement a method of reception and classification for individuals with disabilities to ensure that no such individual will be deprive of timely and effective necessary reasonable accommodations). And see, Weixel v. Bd. Of Educ. Of New York City, 287 F.3d 138 (2d Cir. 2002) (prohibiting unlawful retaliation against people for seeking to exercise their ADA civil rights; Shotz v. City of Plantation, Fla., 344 F.3d 1161 (11th Cir. 2003) (same)).

The concept of discrimination under Title II is “more comprehensive” than the “traditionally recognized categories of intentional and disparate impact discrimination;” “…Title II imposes affirmative obligations on public entities and does not merely require than to refrain from intentionally discriminating against the disabled.” Ability Center, Toledo v. City of Sandusky, 385 F.3d 901, 910 (6th Cir. 2004). The regulations adopted pursuant to Congressional directive, 42 U.S.C. §12134, are plain and controlling, 28 C.F.R. §35.130(a), (b)(vii), (b)(3)(i), prohibiting The Florida Bar, Florida lawyers including Amanda Heystek, Disability Rights Organization, Florida Agency for Health Care Administration, Florida Agency for Persons with Disabilities, Florida administrative hearings and administrative law judges, and officials from “[o]therwise limit[ing] a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefits, or service.” The failure to provide reasonable accommodations … constitutes discrimination under the ADA. Pritchard v. Southern Company Services, No.95-6312 at n.5 (11th Cir. 1996).

Incredibly, Ms. Heystek and Disability Rights Florida Org. even appeared Ignorant of the fact that at least one administrative law judge who decided an Autism developmental disability Medicaid wait list case, Eleanor Hunter, admitted with all present on public record at a December 2006 Florida Supreme Court Public Hearings On Fairness & Diversity that they had NO Title II Americans With Disabilities Act or Autism training and had never even bothered to read Tennessee v. Lane, 541 U.S. 509 (2004). Significantly, Eleanor Hunter was former Executive Director of the Florida Bd. of Bar Examiners while she discriminated THERE in the Florida attorney licensing qualifications process against people with Autism including myself. So much for the lawyers purporting to represent the plaintiff class in Dykes diligently investigating the facts of their Autism Medicaid wait list case.

Finally, I got my husband, a Florida Bar member to intervene with Ms. Heystak and Disability Rights Florida Org., to explain that when they bullied me they were retaliating in violation of the Americans With Disabilities Act and had a duty to inform the Federal Judge in Dykes the REAL Autism developmental disability numbers both on and off (as a result of unlawful Title II Americans With DIsabilities Act exclusion) Florida’s Medicaid wait list who are not getting services; ultimately, they relented, told us I was part of the plaintiff class, and sent him an Autism-inaccessible application Questionnaire form to fill out containing a Question overtly in violation of Title II of the Americans With Disabilities Act designed to exclude the far more severely Autistic developmentally disabled people from being in the plaintiff class by requiring the person to state they were able to access the wait list process in order to receive ACCESS in the first place (an Autism Access non-sequitur). See Ellen S. v. Fla. Bd. of Bar Examiners, 859 F.Supp. 1489 (S.D.Fla. 1994) (discrimination under Title II of the ADA need not be intentional nor need there even be a showing of discriminatory intent, and even an application question can discriminate against a person with a disability in violation of Title II of the ADA).

Meanwhile, while we are trying to address those matters, this morning I received the following public records response to my inquiry for Amanda Heystek’s specific Autism education and training that qualified her as “competent” under Rules Regulating The Florida Bar 4-1.1 to undertake representation of the plaintiff class in the Dykes case that is required by Title II of the Americans With Disabilities Act to include even the most severely non-verbal people with Autism developmental disabilities.

It is both Shocking and Appalling that with the Epidemic numbers of Autism bullying events such as the child being voted out of Kindergarden, Autism service dogs being denied entrance to classes, and physical violence being perpetrated against people with Autism in Florida EVERY DAY, that The Florida Bar would NOT be making it a MANDATORY LICENSING REQUIREMENT TO ACHIEVE AND KEEP A LAWYER LICENSE for each and EVERY Florida lawyer to undertake specific Autism and Title II Americans With Disabilities Act Autism disability-specific education and training.

FLORIDA BAR’S RESPONSE (THAT GAVE RISE TO MY REPLY POSTED IN PART I)

Jenny Jolinski JJolinski@flabar.org, public records custodian for The Florida Bar wrote me in her e-mail of this morning, “My responses follow each request.

1.) All CLEs for Amanda Heystek, FBN 285020 in Autism, Autism genetics, Autism epigenetics, Brain Injury, Vaccine Injury, Title II ADA, ADA, Sec. 504, Language Interpreters, and

* * *
The Bar's continuing legal education (CLE) requirement began in 1988. Consequently, the Bar kept no comprehensive records of members' educational history prior to that date. Further, our records reflect only those courses that have been reported to The Florida Bar by the member or course sponsor. Records retention periods specified by this organization and consistent with official policy of the Supreme Court of Florida's Judicial Branch Records Retention Schedule for Administrative Records require that the Bar retain members’ continuing education records for 10 years, and course providers’ evaluation requests and accreditation documentation (which show course detail) for 2 years.

You specifically seek CLEs for Ms Heystek in "autism, autism genetics, autism epigenetics, brain injury, vaccine injury, Title II ADA, ADA, Sec. 504, Language Interpreters;" however, our member CLER records are maintained in a manner that may not fully reflect the content of each credited educational offering. Nor does the Bar separately allocate hours or label courses in specific "ADA," "brain injury," vaccine injury," or "autism" categories as we have indicated to you in other similar public record requests. Nonetheless, upon your further review of Ms Heystek's CLER status report, should you desire further specificity as to any course offerings within the above-noted time parameters (2 years for course evaluations and accreditation documentation), please let me know. However, the nature and volume of any such additional search may necessitate special service charges, as authorized by Fla.R.Jud.Admin. 2.420(e)(3) and consistent with §119.07, Fla.Stat.

The Bar considers the attached to be public information and, to my knowledge, it accurately reflects the current state of our records.”

Analysis of The Refusal Of Florida Bar To Properly Address The Autism Title II Americans With Disabilities Act Violations And Imposition Of Impermissible Costs To Hide Their Records Discrimination And Bullying By Florida’s Licensed Lawyers

With respect to the Florida laws cited to me (Fla.R.Jud.Admin. 2.420(e)(3) and consistent with §119.07, Fla.Stat.), The Florida Bar’s records custodian raised to me to obstruct my ability to get “non-discrimination” specific Autism education and training records for a lawyer purporting to represent one of the most vulnerable severe Autism developmental disability plaintiff class members including myself necessary for her to acquire Autism-specific competence to take on the Dykes plaintiff class representation, TFB’s records custodian knew or should have known that Title II of the Americans With Disabilities Act expressly prohibits any type of cost charges for such Autism disability education and training compliance records such as those I requested (see 28 C.F.R. Sec. 35.130(f)) and most especially when the Florida cost imposing laws CONFLICT with the anti-surcharge prohibitions of Title II of the Americans With Disabilities Act. See Barry v. Burdines, 675 So.2d 587 (Fla. 1996), cert. denied 519 U.S. 966 (1996) (Florida laws and rules in conflict with any of the rights, remedies, or procedures of the ADA are void and unenforceable subject to federal pre-emption pursuant to 42 U.S.C. Sec. 12201(b)); Shotz v. City of Plantation, Fla., 344 F.3d 1161 (11th Cir. 2003) (same).

See also, lineage of cases pre-empting ENTIRE administrative hearings / appeals processes in FLorida, “…[T]he exclusive remedy provision of the Florida Worker’s Compensation Act…is preempted by the ADA.” Mangin v. Westco Security Systems, Inc., 922 F.Supp. 563, 567 (M.D.Fla. 1996). See, also Harding v. Winn-Dixie Stores, Inc., 907 F.Supp. 386 (M.D.Fla. 1995).

It is beyond dispute, the ADA preempts conflicting State laws. For example, T.E.P. v. Leavitt, 840 F.Supp. 110, 111 (C.D.Utah 1993), invalidated that portion of the Utah marriage statute which prohibited marriage of persons with AIDS and enjoined further enforcement of the statute: “In that regard, the ADA provides that a public entity may not discriminate against a qualified individual with a disability. 42 U.S.C. §12132. Disability has been defined as a ‘physical or mental impairment that substantially limits one or more of the major life activities.’ 28 C.F.R. §35.104.” Autism is such a physical neurological impairment. See, also U.S. Department of Justice Title II Technical Assistance Manual, §§II-2.1000 & II-1.4200.

The most Revealing ADMISSION Against Interest of The Florida Bar, however, was this: “Nor does the Bar separately allocate hours or label courses in specific "ADA," "brain injury," vaccine injury," or "autism" categories as we have indicated to you in other similar public record requests.” AS COMPARED TO: the state of Connecticut recently criminally prosecuting licensed professions holding themselves out as able to handle or provide services to people with Autism without proof of specific Autism educational training. See http://www.wfsb.com/news/23862562/detail.html and http://www.cbsnews.com/8301-504083_162-20001644-504083.html.

In sum, The Florida Bar trade guild believes itself above the law and that the Oath every Florida attorney takes to “uphold federal law” – Title II of the Americans With Disabilities Act passed by Congress appx. 21 YEARS ago, means NOTHING.

In essence, The Florida Bar does NOT believe it should require the SAME Title II Americans With Disabilities Act specific Autism education and training U.S. Dept. of Justice and other states are requiring of EVERY OTHER entity and individual handling any matter involving a person with Autism despite CRISIS PROPORTIONS of Autism bullying, hate crimes, meaningful access exclusions, and unlawful discrimination and/or retaliation against people with Autism disabilities being expressly prohibited by Tennessee v. Lane's, 541 U.S. 509 (2004), application to State Court services in the Judicial Branch – including The Florida Bar and lawyers it licenses who are representing plaintiff classes in suing a state for Autism developmental disability services and funding.

Florida State judges, administrative hearing / appeal judges and lawyers taking on the representation of severe Autism plaintiff class members including myself, as well as agency officials such as, Florida Agency for Health Care Administration and Florida Agency for Persons With Disabilities, in their official capacity are public entities, e.g., Mincewicz v. Parker, 2001 WL 256162 (D.Conn. 2001); Becker v. Oregon, 170 F.Supp.2d 1061, 1066 (D.Ore. 2001); Badillo v. Thorpe, Case No. 6:03-cv-1830-Orl-22DAB, Order, Jun. 1, 2004 (M.D.Fla. 2004) (“Florida circuit judges are state officials”). Additionally, when a “disability rights” organization such as Disability Rights Florida Org. serves as a state instrumentality to assist in representing an Autism developmental disability class members including myself, it also may be construed as a Title II public entity. See e.g., Lundstedt v. City of Miami, 1995 U.S. Dist LEXIS 21884, at *47 (S.D. Fla. 1995) (holding that Retirement Trust and the Trust’s Board of Trustees was not excluded form the definition of “public entity” for purposes of Title II liability); Holmes v. City of Aurora, 1993 U.S. Dist LEXIS 17368, *5 (N.D. Ill. 1993) (holding that pension board was not excluded from the definition of “public entity” for purposes of Title II liability).

FLORIDA BAR’S RESPONSE (THAT GAVE RISE TO MY REPLY POSTED IN PART I) – Their Autism IGNORANCE Takes The Cake

Jenny Jolinski JJolinski@flabar.org, public records custodian for The Florida Bar additionally wrote me in her e-mail of this morning, “My responses follow each request.

* * *
“2.) all Florida Bar 28 C.F.R. Sec. 35.105 self-evaluation updates specific to Autism, Autism genetics, Autism epigenetics, Brain Injury, Vaccine Injury, Title II ADA, ADA, Sec. 504, Language Interpreters your General Counsel, Paul Hill, Esq. previously informed me Florida Bar members and The Florida Bar are "mindful" to.

The Florida Bar has no records that would be responsive to this request. However, as stated by our General Counsel, Paul F. Hill, the Bar is aware of, and will fully comply with, the Americans with Disability Act Amendments Act of 2008 (“ADAA”). As you may know, that law clarified the definition of “disability” provided by the original ADA, by explaining the analysis by which the existence of a protected impairment will be determined. The Florida Bar understands that, under law as amended, more persons will likely be able to obtain the protection of the ADA. But the ADAA did not alter the obligation of public entities to conduct the self-evaluation described by 28 C.F.R. §105.”

Analysis of The Florida Bar’s Autism and Title II Americans With Disabilities Act Duties Owing To People With Autism Disabilities IGNORANCE Is Proven By Its Inability For A Trade Guild Licensing Over 80,000 Lawyers To Even Cite The Title II ADA Regulation Correctly

The Americans With Disabilities Act was passed appx. 21 YEARS ago. People with severe Autism and related disabilities are among the MOST VULNERABLE and most severely disabled of ALL Americans With Disabilities. Is there ANY defensible excuse for the PATHETIC failure and REFUSAL of The Florida Bar to REQUIRE each and every one of the lawyers it licenses to undertake IMMEDIATE Autism and Title II Americans With Disabilities Act Autism disability-specific education and training ?

How many criminal, civil, family law, and administrative cases are going forth EVERY DAY in Florida with lawyers who have NO Autism-specific education or training, know NOTHING about the Title II Americans With Disabilities Act Autism disability language-communication duties owed to each and every person with Autism in Florida, and … DON’T CARE !~!!!

The pervasive Autism abuse, Autism bullying, and Autism hate crimes occurring in Epidemic levels in Florida are happening because The Florida Bar REFUSES to educate and train its lawyers specifically in Autism.

This is why we who have Autism continue to be routinely mis-treated, threatened, attacked, bullied, and our legal, civil, and human rights and dignity violated every single day in the state of Florida.

It is CLEAR we are considered as sub-human and not entitled to equal respect or Equal Protection under the Law

And that is why I have and will continue to share my personal Journey through life as a person with Autism and the many, many ways we are both msunderstood and mis-treated with the rest of the Autism community.

My Response as an Adult With Autism To Florida Bar's Autism Discrimination Against Me & Refusal To Require Specific Autism Training For Its Lawyers

2011-06-06T09:50:00.000-07:00

I am going to publicly post a three-part post, this being part I, detailing and describing how specific Autism discrimination fueled by the Ignorance and prejudice of The Florida Bar and Florida's State Court system are inflicting vast genetic, physical, neurological, and bullying injuries on children, adults, and families with Autism living in or visiting the state of Florida.

In this post, as a result of my Autism AAC computer Internet communication device continuing to be hacked, my Security Key hacked, and my posts obliterated as I am trying to post them to prevent me from posting about the Autism civil and humans rights abuses going on in Florida, I am first (in order of sequence) posting my reply to The Florida Bar of this morning, and in Part II I will post The Florida Bar's response (pathetic excuses) as to why it does not need to be open-Government about its deliberate and intentional refusal to require ALL lawyers its licenses to undertake specific certified Autism education and training that gave rise to my reply.

Here is my reply to "Jenny Jolinski" , public records custodian of The Florida Bar relating to my inquiry for the specific Autism training the lawyers in the Dykes case suing the state of FLorida over its Medicaid developmental disbaility wait list have undertaken to be competent pursuant to Rules regulating The Florida Bar 4-1.1 to serve the Autism plaintiff class in that lawsuit of which I am entitled to be a member (my reply was written in pastel lavendar, further typos corrected here):

MY REPLY

"Corrected typos of e-mail reply I just sent you, because I cannot read black & white print due to my Autism, temporal lobe epilepsy, synesthesia, and North Carolina Macular Dystrophy type vision disabilities -- and your correspondence with me in black & white colors violated my Title II ADA civil rights meaningful access formats for effective communication.

Correction:

Thank you for your response.

However, given that Autism is now being ascertained under the latest genome scientific research as involving Ashkenazi Jewish descent [e.g. Somali Autism cluster studies], rate of 1 in 38 people, appx. 500 gene expression differences in the frontal and temporal lobes including language areas of the brain, involves the MECP2 and Reelin genes changing neuronal migration in the brain, 27 sex-linked genes, and inability to understand 93 % of the social-Neurotypical English used by FBBE, Florida Bar, Bar members, and the Florida court system, the many people I have spoken to in the Autism community feel as I do that Title II of the ADA requires TFB to have the self-evaluation SPECIFICALLY tailored to Autism, have it NOW, and not give phony and overtly discriminatory excuses for failing to have it 21 years after the ADA became the law.

Most recently, I have seen much Autism bullying and incitement to physical violence against us in St. Petersburg, Florida, on St. Petersburg Times threads where Florida Bar members lacking the Title II ADA knowledge are outright attacking the civil rights of disabled Americans, and I have been personally Autism bullied and physically threatened with violence in courthouses, courtrooms, and elswhere by Florida Bar members you license and Laura Rush, Esq.'s supervision of Elisabeth Goodner - additionally, I now have proof Florida lawyers overseeing Alex Sink's workman's comp division deliberately suborned perjury to steal money I would have received for injuries and funneled it to the Tah Mahal Tallahassee Courthouse.

I have had one Florida Bar member advance at me in a federal courthouse to try to hit me in a courtroom, another Florida Bar member physically run at me and chase me onto an elevator to prevent me from attending a hearing in a federal courthouse, and physical threats made against me by one or more other Florida Bar members all of whom TFB's lawyer regulation REFUSES to take or meaningfully investigate Bar grievances from me because TFB REFUSES to allow AAC Autism computer Internet communication and will not accept a Grievance from an Autism person. This is TFB-facilitated, encouraged, and ratified VIOLENCE against me on account of my Autism, is a Florida Statutes, Sec. 415.1111 vulnerable adult disabled abuse (and corresponding FS 800-series felony), and a federal Autism racial - gender - disability hate crime.

I was personally subjected to Autism bullying by former Florida Bar President Frank Angones when he attacked my Autism in a Florida Bar "Outreach Committee" meeting at Florida Bar Annual Convention just hours before he was sworn in by attacking my Autism inability to hold eye-gaze [Angones specifically berated me for inability to hold eye-gaze].

I have tried to get legal representation from hundreds of Florida Bar members, but they ALL refuse to represent me because they say they lack specific Autism Title II ADA training, and in the case of John Morgan when I tried to get access to retain his law firm Morgan & Morgan for a medical malpractice lawsuit against University of South Florida, he falsely advertised that his firm would use Internet to communicate with disabled people with Autism, and then he personally turned around and refused to use it knowing I have a MEDICAL PRESCRIPTION that Internet is the only way I can communicate independently and without assistance.

During 2008, right after I suffered an auto accident brain injury I recently learned that the reason TFB's own lawyer Thomas M. Gonzalez, Esq., Michael Soifer, Esq., and Hon. Stanton Kaplan denied my Title II ADA Autism effective communication accommodations WITHOUT EVEN TAKING THE MEDICAL EVIDENCE OF MY DISABILITY was to try to force me to enter a toxic mold infested courthouse in the Seventeenth Judicial Circuit knowing at least one Circuit Judge there DIED of the toxic mold poisoning, which can inflict physical epigenetic damages on the underlying DNA of people and their offspring.

Several months ago, TFB sent an investigator to stalk me onto my property in Alachua County, walked right into my home without any notice, and without ANY Autism specific training that this would be an attack on my Autism repetative routines and sameness needs. He also did not come qualified or competent to use an AAC Autism communication computer. When I requested Autism-specific language AAC Internet computer communication methods under Title II of the ADA, TFB lawyer regulation REFUSED to take my Bar grievance complaint (42 U.S.C. Sec. 12203 retaliation for making an Autism accommodations request).

Now you MIS-QUOTE the relevant ADA regulation demonstrating you have NO Title II ADA training and appear to lack competence as a lawyer because of it by mis-citing 28 U.S.C. Sec. 35.105 as " 28 C.F.R. §105" and REFUSE to provide me ANY Title II ADA Autism specific self-evaluation done by TFB more recent than the 2003 one Paul Hill sent me admitting it was not in compliance.

I am not amused, I have reserved my legal right under the England case to return to federal court to sue TFB again over its blatant lack of Autism specific Title II ADA training, and this time should I do so, I will most certainly proceed against Paul Hill in both his individual and official capacities - notably, Eleventh Circuit Judge Charles Wilson wrote in 2005 that I could pursue individual capacity damages under Tennessee v. Lane, US 2004 against Hon. Chris Altenbernd of the Second DCA, so I am certain they would also be allowable against ANY Florida Bar member policy maker official of TFB.

It is my personal opinion and cause for a request for injunctive relief to ask a federal court to take Brown v. Bd. of Educ. type supervision over TFB to end its Autism Apartheid illegal Autism segregation and Autism bullying policies. I have been tipped off on my FB page and Twitter that TFB is involved in the cyberbullying and threats being made against me since 2003 on account of my Autism.

I will have a follow-up public records request, a Florida government tort claim against TFB, and you are well aware the Florida law you have cited me is specifically pre-empted as to my paying any cost for those records by 42 U.S.C. Sec. 12201(b), 28 C.F.R. Sec. 35.130(f), and Barry v. Burdines, Fla. 1996 (Florida law in conflict with the ADA is subject to federal preemption). As a result, I am requesting the specific Autism and Title II ADA related information I previously requested that you have refused to provide me for each and every Bar member and individual CLE, I do not have any obligation to pay for those records pursuant to 28 C.F.R. Sec. 35.130(f), and I am prepared to take this to court, if necessary to get those records.

I am also going to start posting on my blog about the Autism abuse, Autism bullying, and lack of Autism specific Title II ADA training pervading The Florida Bar to inform the entire Autism community across the United States and elsewhere around the World. Title II of the ADA, Rules Regulating The Florida Bar 4-1.1, and the 14th Amendment due process clauses ALL entitle me to have specifically-AUTISM trained individuals handling all matters involving me at all times concerning TFB, Bar members it licenses, and access to Florida's Court system. Not ONE Florida Courthouse or even your Tampa TFB lawyer regulation office is Autism sensory and accoustic accessible - they trigger temporal lobe epilepsy seizures in violation of Title II of the ADA.

In essence, your response equates to Autism people having NO access to any TFB service or Florida Court because we are regarded as sub-human and inferior people who are not deserving or respected to have the same equal rights as everyone else.

That is unacceptable everywhere in the Autism community.

Respectfully,
Mary Katherine Day-Petrano

cc. David F. Petrano, Esq."

Follow-up on e-Bay: e-Bay's Theft of Money From my Autism Bank Account Has Been Returned By e-Bay Due To My Bank's Intervention

2011-06-06T08:51:00.000-07:00

I told my readers I would keep everyone up-to-date on following up earlier posts.

Regarding the e-Bay and my bank matters, I am happy to report that I made a theft complaint with my bank against e-Bay for stealing appx. $152 from my bank account after I e-mailed them in writing they had NO authorization to take any funds from my account because discriminated against my Autism and related disabilities in violation of Title III of the Americans With Disabilities Act.

As a result of my theft complaint against e-Bay, my bank, Region's Bank in Florida, was able to obtain the return from e-Bay of the appx. $152 funds stolen from my bank account by e-Bay.

At this juncture, however, e-Bay has done NOTHING to remove the "negative feedback" associated with this theft, and neither e-Bay nor PayPal, Inc. have done one single thing to ensure that myself and/or other people with severe non-verbal Autism have meaningful access to use e-Bay and PayPal. Inc's services.

How Adults With Autism Are Viciously Bullied By ( Nationwide ) Insurance Companies In Florida -- Navigating The Neuro-typical World

2011-05-09T14:49:00.000-07:00

As I previously explained to my readers, I suffered a severe brain injury in a January 2008 auto accident when my seat restraint broke on impact when the car my husband was driving was rear-ended at a railroad crossing.

The brain injury was cascading at the time my Autism - brain injury neurologist, Michael W. Hoffmann, M.D., was forced to abandon my medical care by the University of South Florida as a result of Nationwide Mutual Fire Insurance Company's bad faith in refusing to pay my medical bills / benefits under our uninsured / underinsured motorist policy, thereby subjecting me to an ongoing cascading severe brain injury without timely medical care or treatment.

Nationwide's refusal to provide effective communications accommodations to my severe underlying Autism and severe brain injury aphasias has allowed substantial Autism bullying of myself and family members to continue unabated for over three years. This is what happens to adults with Autism with markedly limited verbal abilities -- it isn't all a cakewalk like some of the higher functioning Free-range Aspergians want the Media and Autism community to believe.

I am posting the letter I have just sent to Nationwide's Florida registered agent to obtain their claims representative's Florida Insurance License number, because it's bad enough I have been Autism bullied for three years, but worse, my search on Florida Dept. of Financial Services and Florida Dept. of Business & Professional Regulation turned up NO license under the claims representative's name as required by Florida Statutes, chapter 626 -- in other words, I have the legal right to find out if I was Autism bulllied by an unlicensed claims representative. I anticipate posting further updates as I learn why this has happened to me.

The impetus for my present letter and demand for the claims representative's Florida Insurance License number was being handed a print letter this morning which my husband graciously converted to accessible formats, whereupon I learned the claims representative sent the letter to my mother-in-law and called my mother-in-law (my husband's MOTHER) his wife, and attempted a low-ball settlement with HER not ME, when I am the injured person and she was not even involved in the accident, and I am his wife and she is his MOTHER.

I have promised others in the Autism community to share my journey through life as an adult with Autism, and especially, significantly some of the Autism bullying, un-navigable Neurotypical social structures, and way in which adults with Autism are denied equal opportunity, benefits to which we are entitled, and mis-treated throughout almost EVERY aspect of our lives. This is just yet another of the typical ways in which adults with Autism continue to be abused by the Neurotypical social structure.

This is my letter I placed to send today (graciously converted to paper print format by my husband, typos in the original corrected):

Mary Katherine Day-Petrano
11502 SE US Hwy 301
Hawthorne, FL 32640
e-mail: ponyhunterjumper@yahoo.com
____________________________________
SENT VIA US CERTIFIED RETURN RECEIPT MAIL TO NATIONWIDE REGISTERED AGENT AND CHARLES LAW, BY E-MAIL TO CHARLES LAW

May 9, 2011
Nationwide Mutual Fire Insurance Company CHIEF FINANCIAL OFFICER, Registered Agent
P O BOX 6200 (32314-6200)
200 E. GAINES ST
TALLAHASSEE FL 32399-0000 US

Charles Law
Claims Dept.
Nationwide Mutual Fire Insurance Company
e-mail: LAWE2@nationwide.com

Re: Demand pursuant to Florida Statutes, chapter 626 for Florida License name and License number for Nationwide’s claims representative, Charles Law

Dear Nationwide Registered Agent & Legal Counsel:

I was a passenger in an auto accident on about Jan. 2008 in which my seat restraint broke and caused me a severe cascading brain injury. Your insurance company and claims representative, Charles Law, knew that failure to timely treat a brain injury has previously resulted in a Tampa jury verdict in a similar case for appx. $217 million. See http://www.lawdragon.com/index.php/newdragon/fullstory/the_verdict. Among other things, my brain injury has caused and/or aggravated an aphasia-type communication injury.

Myself and members of my family have repeatedly been subjected to harassment, abusiveness, financial exploitation, and bullying by Charles Law, who asserts he is your claims representative and has been assigned by your company to handle my uninsured/underinsured motorist claim, Nationwide Claim No. 77-09-N-786-01052008-01, date of loss: 01-05-2008.

Among other things, medical bills totaling almost $100,000 for my medical care until the time it was abruptly cut off and my severe brain injury was abandoned by your company and my medical doctors because Charles Law refused to pay for my auto accident caused / aggravated medical care were signed for by Mr. Law’s office in Des Moines, Iowa from the location where he sent all of his communications with a Florida Statute printed on the bottom of them – those medical records that Mr. Law’s Nationwide office signed for constitutes a declaration against interest (admission) that he received the contents of those medical bills that (1.) informed him and Nationwide that I have a cascading severe brain injury following the car accident, and (2.) informed Mr. Law and Nationwide that I am age mid-50s and my first name is Mary, not Yolanda.

I also filed a Notice of Intent to Sue and Bad Faith Notice against Nationwide and Mr. Law with the Florida Dept. of Financial Services, at which point Mr. Law responded by deliberately lying to the Dept. to falsely represent that he had never seen the medical bills his office Nationwide signed for. I have not in any respect waived that Notice of Intent to Sue / Bad Faith Notice, and Mr. Law let it expire the 60 day time period to cure without making full policy limits tender.

Mr. Law never questioned or objected to any of my medical bills.

I never informed Mr. Law I was represented by an attorney or legal counsel.

Mr. Law approved my settlement with State Farm for their liability involving the auto accident. Nationwide’s claims representative under the PIP part of the policy paid my medical bills until the PIP was exhausted. At those times, Mr. Law never objected to my being the injured party and claimant injured in the Jan. 2008 auto accident or that my first name is Mary, NOT Yolanda.

Nationwide previously retained legal counsel and obtained the Marriage Certificate filed with the Pinellas County Clerk of Court in a 2004 auto accident case documenting that David F. Petrano and I are married, as husband and wife. Our Marriage Certificate was at all times within possession of Nationwide and, further, readily available to Charles Law at the Pinellas County Clerk of Court.

Yolanda Petrano is my husband, David F. Petrano’s mother; she is NOT his wife. Charles Law knew that in Florida, a son cannot become married to his mother.

Yolanda Petrano is appx. 91 years old, very frail, broke her back from a fall, and is not only elderly but in frail health. Donna Ross is my husband’s sister, my sister-in-law, and daughter of Yolanda Petrano.

As soon as your Nationwide claims representative, Charles Law, learned from his office having signed for my almost $100,000 in medical bills apprising him I have a severe cascading brain injury, he began harassing, abusing, attempting to coerce, and financially exploiting myself, Yolanda Petrano, and Donna Ross to intentionally commit a fraud on me and evade Nationwide having to pay for my severe brain injury under the UM policy.

Donna Ross informed me (and states that she would testify) that she repeatedly told Charles Law that I was David F. Petrano’s wife, and that Yolanda Petrano is his mother.

Nevertheless, undeterred, Donna Ross told me Charles Law repeatedly kept calling her and sending letters demanding to have Yolanda Petrano sign to settle my above-referenced brain injury auto accident claim, and demanding that either Donna Ross or Yolanda Petrano sign a power of attorney over me without my consent to authorize them to agree to settle my claim for medical treatment for my severe brain injury for a bad faith low-ball offer.

Donna Ross told me Charles Law was trying to manipulate her elderly mother, Yolanda Petrano, an act that is prohibited under Florida Statutes, chapter 415 (adult elderly abuse). Donna Ross told me Charles Law was incompetent, belligerant, abusive, manipulative, and coercive and had caused both her and Yolanda Petrano a great deal of grief and emotional distress. Neither Donna Ross nor Yolanda Petrano were involved in the Jan. 2008 auto accident subject of my above-claim.

Donna Ross is a disabled American receiving Social Security Disability SSI benefits and is also protected by Florida Statutes, chapter 415 as a adult vulnerable disabled person.

Likewise, as a result of my underlying Autism and Jan. 2008 auto accident cascading brain injury, I am an adult vulnerable disabled person protected by Florida Statutes, chapter 415. I am also protected by the effective communication mandates of Titles II and III of the Americans With Disabilities Act, 42 U.S.C. Secs. 12131-12134 & 12181-12188, and 28 C.F.R. pts 35 & 36, and have, in fact, received effective communications and other accommodations from other entities previously.

On numerous occasions I attempted and did inform Charles Law that my brain injuries / auto accident aggravations have resulted in my inability to read paper print and to effectively use telephones, and that I have a medical prescription for Internet-only communication modes – an ADA effective communication accommodation Mr. Law is required by federal civil rights law to provide me. His response was a nasty retaliatory retort: ‘Black civil rights are the only civil rights there are, and there are no disability civil rights.’ He thereby intentionally committed racial discrimination on me in the Nationwide claims settlement process, as I am a white, Autistic Caucasian woman.

I was just handed a print letter this morning graciously converted for me to accessible formats by my husband, and at that time I discovered to my Horror that Charles Law had signed the letter dated March 8, 2011, directed to Yolanda Petrano, my mother-in-law, referring to her as my husband’s spouse: “This will serve as a response to our telephone conversation with your husband David Petrano.” The Letter was captioned: “Yolanda Petrano David Petrano” and addressed to Yolanda.

As you are aware, it is a licensing violation in the state of Florida under Florida Statutes, chapter 626 for Nationwide’s claims representative, Charles Law, not to be licensed with the Florida Dept. of Financial Services in Florida.

I did a search on their website under the name Charles Law, and it showed there is no Charles Law licensed by the state of Florida to act as a claims representative purposely availing himself in the state of Florida. There is also no Charles Law licensed by the Florida Dept. of Business & Professional Regulation.

Further, it is a licensing violation for Charles Law, as Nationwide’s claims representative, to be incompetent and to use that incompetence for over three years to in bad faith deny benefits under Nationwide’s UM insurance policy, as his repeated inability to comprehend that Yolanda Petrano was not the injured party in the Jan. 2008 auto accident and is NOT David F. Petrano’s wife, but his MOTHER demonstrates.

It, further, demonstrates incompetence by Charles Law that he was unable to ascertain from my medical records from University of South Florida and Michael W. Hoffmann, M.D. that his office signed for, that my name is Mary Day Petrano, NOT Yolanda Petrano, and that I am in my mid-50s as compared to Yolanda Petrano being appx. 91 years old – appx. a 40 YEAR AGE DIFFERENCE that has a huge effect on the loss of earning capacity part of my claim especially its impact on my attorney licensure.

The acts by your claims representative Charles Law may further constitute one or more felonies in the state of Florida.

This is a demand to IMMEDIATELY provide me with Nationwide’s claims representative Charles Law’s Florida Insurance License number, and the Insurance License / Authorization number under which Nationwide Mutual Fire Insurance Company is authorized to do the business of insurance in the state of Florida, as I intend to file a licensing complaint and potentially criminal complaints against Charles Law and Nationwide.

I am also publishing this letter on my popular Autism blog at http://equiisautististicsavant.blogspot.com/ to enable this Country’s Autism community to see how the state of Florida and Nationwide routinely abuse and bully adults with Autism who are injured in auto accidents in the state of Florida, and their family members – even frail elderly people in their 90s.

If I do not receive a response within 48 hours, I may exercise my legal right to presume under the Eleventh Circuit’s “tacit admission” rule that your non-response constitutes a tacit admission that Charles Law is not licensed under Florida’s Insurance Laws to handle services as a claims representative for Nationwide or anyone else relating to my above-referenced UM claim, and I will govern myself accordingly, including but not limited to filing an Updates on my blog to the Greater Autism community and brain injury communities as I continue to rectify the extensive personal injuries and Bad Faith insurance practices Charles Law has inflicted on me.

Respectfully,

/_S________________________________
Mary Katherine Day-Petrano
Juris Doctorate, University of San Francisco, 1990

Note: See also YouTube video at http://www.youtube.com/watch?v=MT5HgBiZjZc

Further Update on the PayPal, Inc. - E-Bay- Inc., Region's Bank, Florida Autism Bullying, Autism Exploitation, & Refusal To Give Autism Access

2011-05-05T11:51:00.000-07:00

I have now been billed by E-Bay, Inc. for the Autism discrimination and Title III Americans With Disabilities Act violations E-Bay and PayPal jointly committed against me, their unfair trade and business practices, and violation of the federal injunction previously entered against PayPal -- even though PayPal remedied this, E-Bay refuses to do the same.

As a result, my husband, a licensed Florida attorney, attempted to get Autism acccess and Title III Americans With Disabilities Act Autism access for me to navigate with my Florida bank, Region's Bank, to inform them I have a dispute with E-Bay and E-Bay is NOT authorized to take ANY money from my Region's Bank account, and that any prior authorization through which I was fraudulent induced to authorize this has been revoked.

Region's Bank, in Florida (legal counsel headquarters in Alabama), told my husband that they do not have to commply with Title III of the Americans With Disabilities Act to give any people with Autism communication accommodations access, and that even if the person were a disabled person confined to a hospital, that unless the person could physically travel 40-80 miles to go into a Region's Bank in person, Region's Bank can allow and facilitate the Grand theft and financial exploitation of money be taken from the vulnerable Autism person's bank account that the person expressly is NOT authorizing or for which has attempted to comunicate a revocation of authorization.

My husband then discovered that Region's Bank in Florida just recently received a scathing letter from the Federal Reserve in Atlanta, Georgia. He advised me that if Region's Bank was refusing to comply with Title III ADA Autism access civil rights as means to carry out an Unfair Trade and Business Practices policy, for me to make the following Federal Reserve complaint against Region's Bank in Florida, which I have made (spelling errors have been corrected for purposes of this blog post).

I am posting about this because EVERY adult on the Autism spectrum and parents and caregivers to children adults, family members, and trusts dealing with Region's Bank in Florida pls. need to be WARNED of the Autism bullying, Autism financial exploitation and abuse by Regions Bank, and it's Unfair Trade and Business Practices policy it is carrying out against disabled Americans and especially vulnerable disabled people with severe Autism who happen to be living in the community under the Olmstead v. L.C., U.S. 1999 mandates and need to navigate their bank account !!!

NO person with severe Autism should have their money taken without their authorization because some untrained-in-Autism bank employee lacks empathy for the damage inflicted on a severely Autistic person caused by forcing the person to use phones that trigger damaging epileptic seizures, and when the person with Autism cannot navigate that, to say 'too bad, your money can be taken from you' and 'we do not have to comply with the Americans With Disabilities Act.'

"Consumer Complaint Confirmation

Thank you for contacting Federal Reserve Consumer Help. This message confirms that you have successfully submitted your complaint with the Federal Reserve System. Your complaint was submitted on May 05, 2011 at 1:44 PM.

We will determine the appropriate federal regulator to address your complaint and forward your complaint to that regulator for investigation. Within 15 business days, we will send you a written acknowledgement that will tell you the federal regulator to which your complaint was sent and contact information for that regulator. If the Federal Reserve will investigate your complaint, you should receive a response from the Reserve Bank handling your complaint within 60 days after the Reserve Bank's receives your complaint.

More information on the Federal Reserve's consumer complaint process is located on our website.

Your Information
NameMrs. Mary Day Petrano
Address11502 SE US Hwy 301
Hawthorne, FL 32640
CountryUnited States
Email Addressponyhunterjumper@yahoo.com
Phone Number727-237-6778
Alternate Phone727-808-0446
Contact PreferenceE-Mail
Institution Information
Institution NameRegion's Bank, Florida
Account/Product Typechecking account
Address Alachua County, FL
CountryUnited States
Email Address
Phone Number

Complaint

Description of the complaint

I have severe Autism, N.Carolina Macular Dystrophy vision impairment, and cortical hyper-acusia hearing impairments where loud noises trigger temporal lobe epilepsy. Region's Bank in Florida informed me they and other businesses such as PayPal, Inc. and E-Bay, Inc, can steal, Grand Theft, and financially exploit vulnerable adult disabled customer's accounts by taking money out of our accounts when we tell them we do NOT authorize it, revoke prior authorizations given because there has been fraud, and they say they can do so in violation of Florida Statutes, Sec. 415.1111 and Title III of the Americans With Disabilities Act Autism protections and access communication - accommodations rights for Autism, 42 U.S.C. Secs. 12181-12188 & 28 C.F.R. pt. 36. Regions Bank says it does not have to obey Title III of the Americans With Disabilities Act, that it can force people with vision disabilities and motor neuron disease to drive 40-80 miles and use paper print forms that are not accessible, and that they can force people with loud speech sound epilepsy to use telephones, and if we cannot do this because of our disabilities, they do not have to obey Title III Americans With Disabilities Act requirements to give us Internet access. This is a Florida Unfair Trade & Business Act Practice, and because Regions's Bank is doing a tie-in scheme to let PayPal, Inc. and E-Bay take money out of Severe Autism people's bank accounts we do not authorize or for which we revoke prior authorization, it is a Sherman Act anti-trust restraint of trade illegal tying scheme violation. I have been advised by my Husband, David F. Petrano, Florida Bar No. 624586, that the Atlanta Federal reserve just write a scathing letter to Region's Bank, yet this bank is continuing to inflict harm on disabled customers in violation of several federal laws and state of Florida laws. Their refusal to stop theft of the funds I do not authorize to be take from my bank account further constitutes genetic discrimination against me in violation of Title III of the Americans With Disabilities Act, Sec. 504, and GINA because my inherited ancestry on ancestry.com (Day-Petrano Family Tree) traces to the Surrat family in Buncombe, N.C. from which my N. Carolina macular dystrophy is inherited as a chromosomal disorder.

How complaint can be satisfactorily addressed

I am asking that Region's Bank be required to provide Autism trained and credential people to assist its customers with Autism, that it be ordered to comply with Autism AAC Internet computer -only communications for people with Autism, that it be required to fully assist its Autism customers navigate with PayPal, Inc. and E-Bay, that Judge Jeremy Fogel, N.D. Cal. San Jose Div. be notified PayPal, Inc. and E-Bay, Inc. are in violation of the previous injunction he entered against PayPal, Inc., and for money damages compensation of the appx. $35,000 special damages losses and additional money damages compensation for the intentional infliction of emotional distress and epigentic damage by triggering my epilepsy Region's Bank's Autism bullying, Autism abuse, and federal and state law violations caused me. I am also asking that Region's Bank be ordered not to do this to any other person with Autism, that it be made to give ALL its employees, agents, and lawyers Autism training, and that its banking charter be revoked if it violates any person with Autism again who is living in the community under the Olmstead v. L.C., US 1999 mandates."

I will continue to share with the greater Autism community now and in the future, my journey through life as an adult with severe Autism, not merely the higher functioning and more abled Asperger's adults perspective we constantly hear drowning out the rest of the more severely Autistic voices in the Media.

As the Tidal Wave of children with Autism age-out of funding and services upon becoming adults with Autism (we all "grow up" !), they and their parents and families need to know what barriers we adults on the more Severe Autism spectrum face who have tried to navigate the Neuro-typical social structure for many years, because these unfair and oppressive communication and mobility barriers and Autism civil rights violations need to be changed -- the same way curb cuts and wheelchair ramps changed the impossibility of navigating stairs for others.

If any American business does not want to become accessible to people with Autism, maybe we in the Autism community should not do business with them and let our wallets and consumer purchasing power seek businesses that are more interested in serving and respecting people with Autism and Autism families as their customers (who provide their employees, corporate officers, and legal counsel with specific Autism training).

Update – PayPal & e-Bay Adult Autism Bullying and Discrimination: What I Learned Since My Initial Post

2011-04-28T13:43:00.000-07:00

... OR, ‘Why Title III Of The Americans With Disabilities Act Must Be Amended To Authorize Money Damages Against Businesses That Bully, Abuse, & Financially Exploit Adults With Autism’

Since my Horrible experience of last week with my Autism being bullied and discriminated-against by PayPal (and e-Bay and my bank more peripherally), I learned through my research about them the following -- and I am writing this update because these businesses are Vital for severely Autistic adults if we are to achieve our community-based living promise of Olmstead v. L.C., 527 U.S. 581 (1999) & implementing Exec. Order viewable here: http://www.freedomclearinghouse.com/olmstead/olmstead&w_061801.htm, to be enabled to navigate the essentials to support ourselves independently in the communities in which we live.

It turns out, as I discovered after my initial post on this Autism access subject, that PayPal was sued in a class action in the Northern District of California, San Jose Division, captioned In re PayPal Litigation, N.D.Cal. Case No. CV-02-01227-JF/PVT. Despite my being a class member, apparently (news to me, because adults with Autism were never contacted and distributed our share of damages in that lawsuit as a consequence of the California Bar attorneys involved in the case failing to give Autism language-communication access as required by Mullane v. Central Hanover Bank & Trust, 339 U.S. 339 U.S. 306 (1950) to notify us in Autism-accessible formats that we were class members and entitled to a share in the damages), this past week was the first I heard of that case spelling out PayPal's pattern and practice of exploitation.

Among the allegations against PayPal in that lawsuit included that it took and held funds deposited in customers’ PayPal accounts for sometimes months on end with no meaningful recourse for the account holders to access them. E-Bay is a National commercial Internet marketplace and business. When I initially posted an item for sale on e-Bay that led to my initial post about the Autism bullying and discrimination I endured at the hands of PayPal (that e-Bay facilitated and allowed), I noticed that e-Bay failed to post a conspicuous warning NOT to use PayPal as a civil rights measure to satisfy it's duty to protect vulnerable adults with Autism from having PayPal take funds upon which adults with Autism depend in the face of an overwhelming lack of adult Autism funding and services in this Country.

Quite the opposite ! What I saw was a statement on e-Bay that induced adults with Autism to check the PayPal box to send a deposit or all of the sales proceeds for items we would sell on e-Bay to PayPal, and a misleading statement that disparaged the safety protections adults with Autism normally take to prevent others from stealing our money, i.e., direct wire transfer into our own bank accounts or cash. E-Bay actually posted as means to induce vulnerable adults with Autism to entrust our necessary funds with PayPal a statement informing potential buyers that a seller who requests direct bank account wire or cash is ‘a scam’ and should be viewed as ‘a scam’ if the seller does not use PayPal. This had a strongly negative disparate impact on vulnerable adults with Autism.

As almost EVERY parent of a vulnerable adult with Autism and adults with Autism living in the community can attest, when we as a vulnerable population with more than $3.2-$5 million lifetime cost needs to care for, treat, support, and tend our Autism (See e.g., "Autism Has High Costs to U.S. Society," Harvard School of Public Health, http://www.hsph.harvard.edu/news/press-releases/2006-releases/press04252006.html, have our funds withheld from us by PayPal’s unfair trade and business practices and Autism discrimination preventing severely vulnerable adults with Autism from accessing funds sent to us for items we have sold IMMEDIATELY, this can have DIRE life and safety threatening consequences for the vulnerable adult with Autism. In fact, in Florida, Florida Statutes, Sec. 415.1111 authorizes statutory damages against such vulnerable adult disabled Autism people by those such as PayPal who financially exploit us, and even authorizes a mechanism to request leave for treble punitive damages. PayPal purposefully avails itself of the state of Florida in terms of personal jurisdiction over it here.

I spent several days suffering the insult and indignities of having to have my Husband, who has conductive hearing loss, have to call e-Bay to get the un-publicized number for PayPal, only for PayPal employees who never heard of Autism to be screaming at him, triggering his epilepsy, causing the two people on the phone to be screaming so loud it triggered my temporal lobe epilepsy Autism sensory overload to the point of meltdown and infliction of physical epigenetic damage on me.

PayPal was unremorseful and claimed they did not have to obey Title III of the Americans With Disabilities Act to make their services accessible to the millions of disabled Americans in this Country, and especially not to adults with Autism living in the community – but instead that PayPal had the ‘right’ to dupe us into handing over our funds so PayPal could keep them for months if not forever (indicative of PayPal's obvious intent to game such wrongly withheld funds belonging to disabled people to capture interest on those funds it feeds into its reported 'business profits').

Notably, I did discover in the news recently, that the e-Bay – PayPal restraint of trade tie-in scheme of Autism bullying and discrimination to fleece us into handing over our funds, so PayPal could hold them, keep them, and loot interest investments from them, had produced a ‘business profit.’ A ‘profit’ predicated on the financial exploitation of disabled Americans and severely vulnerable adults with Autism.

Worse, the bidder on e-Bay joined in PayPal’s Autism bullying and abuse by mocking my vulnerable adult Autism severe language communication disabilities (buyer was a Title III Americans With Disabilities Act business themselves), saying ‘it is your fault you cannot navigate PayPal.’

'My fault' I cannot navigate Neuro-typical business social communication structures – because I am a vulnerable adult with Autism, severely non-verbal with “markedly limited verbal abilities” and require Americans With Disabilities Act accommodations ?

'My fault' I cannot navigate Neuro-typical business social communication structures – because PayPal abusively coerces the use of Neuro-typical social phones and paper print communication modes without providing PECs, i-Pad, or Internet AAC Autism communication access (and has NO specifically Autism trained person to assist) ?

Parents, adults with Autism just now embarking on navigating in the community, BEWARE of getting tangled in the web of Autism bullying and discrimination that currently exists, unbridled, at PayPal and e-Bay and losing Autism support funds upon which you DEPEND. Pls. Never say someone who has been there didn't warn you !

Is THIS the society we want for the most vulnerable of all – adults with severe Autism ?

As an adult with Autism, I say No !!! But I cannot change the access problems pervading this Country that plague families with Autism by myself. Every parent should say No !!! Every adult with Autism should say No !!!

We adults with Autism have a civil and consumer right for PayPal and e-Bay not to exclude us from one of this Country’s most vital marketplaces because of our disabilities and PayPal’s refusal to obey Title III of the Americans With Disabilities Act to make their services accessible to us.

I just wanted to write this update, because I would not want any other adult with Autism to be abused and financially exploited as I was by PayPal (and e-Bay for allowing it). E-Bay and PayPal even retaliated in violation of the plain prohibition of the ADA’s retaliation provision, 42 U.S.C. Sec. 12203, by not removing negative feedback directed to my Autism communication and navigation disabilities from my account – put there because I needed Autism communication accommodations for access PayPal refused to give me.

If THIS is the “American model of business,” No thanks !!! People with Autism have a community-based living right to enjoy and access America’s business services, too. Indeed, we DEPEND upon it.

It is no longer acceptable for American business to be “for Neuro-typicals only."

THAT is the message of Autism access we as members of the Autism community should be sending every American business.

Blatant Autism Discrimination At e-Bay and PayPal, Joint Cause of the National 96 % Adult Autism Unemployment Rate

2011-04-19T15:14:00.000-07:00

My apologies to my readers for not writing for so long. I not only have markedly limited verbal abilities, but a Jan. 2008 brain injury for which my medical care was cut off, aggravating the extent of my brain damage.

I do intend to resume with the posts I promised, but in the meantime I feel the need to bring an important issue to the attention of the Autism community regarding an example of lack of Autism access, and this will not be my last post as I do think there is a need to start calling out the Autism access barriers where they exist in an endeavor to see if we as an Autism community can ask society to remedy them.

This post is a Greatly needed post on just ONE MORE REASON adults with Autism continue to suffer a Devastating appx. 96 % National unemployment rate, resulting in our parents, families, and the American taxpayer having to pay to warehouse us when "but for" the Blatant Autism discrimination at e-Bay and PayPal and MANY U.S. banks and other American businesses, we could support ourselves.

I not only have severe Autism with limited verbal abilities, but also temporal lobe epilepsy triggered by loud speech sounds including speech on telephones and cell phones. This is not an unknown disability as it has been documented on the www.omim.org database, #600512: "Michelucci et al. (2007) reported a 36-year-old woman with lateral temporal lobe epilepsy manifest as telephone-induced seizures. She had an 11-year history of recurrent partial complex and secondarily generalized seizures evoked almost exclusively by answering the telephone. Other auditory stimuli could also elicit seizures. The seizures were accompanied by distortion or attenuation of sound, inability to understand language, and inability to speak appropriately, all consistent with lateral temporal lobe involvement."

Here is my Oddysey through the INSANE completely inaccessible, un-navigable method e-Bay and PayPal and MY bank (Regions Bank - Florida) use for the Nation's vulnerable developmentally disabled adults with Autism:

To contact PayPal, the adult with Autism with the epilepsy is REQUIRED to find another person to use a telephone and call e-Bay to get "transfered" to PayPal -- apparently, PayPal has NO telephone number, NO TTY, NO Internet access, NO PECS, NO iPad access or anything to accommodate the TIDAL WAVE of adults with Autism in this Country as REQUIRED (a federal civil right) under Title III of the Americans With Disabilities Act, 42 U.S.C. Secs. 12181-12188 et sec. (See, also Meyers v. City of Jacksonville, Fla., 754 So.2d 198 (Fla. 1st DCA 2000) (violation of the ADA access statutes or regulations also constitutes per se negligence and subjects the business to money damages)).

I have had a PayPal account since appx. 2000-2001, and had a "verified" "confirmed" bank account with them. Without providing me ANY Autism accessible visual notice whatsoever, PayPal "unconfirmed" and "unverified" my bank account sometime last fall, unknown to me. They then told me I had to go through the "confirm" and "verify" bank account process AGAIN.

When I atttempted to do an "Instant Confirmation" of my PayPal bank account, I could not coordinate my fingers fast enough to enter the numbers and PayPal timed-out my Autism AAC computer device without letting me use my three attempts, and then took the posture that they had NO program in place to assist people with Autism and vaccine injuries who have motor neuron dexterity impairments to do an "Instant Confirmation" and that they "didn't have to" and that there was NO one I could have my phone interpreter talk to about it. This is COMPLETELY CONTRARY to the civil rights DUTIES these businesses OWE to disabled adults with Autism and other dexterity disabled Americans and one CAN ONLY WONDER WHERE THEIR LEGAL DEPARTMENTS PASSED THEIR BAR EXAMS !!!

The fact disabled plaintiffs in Rendon v. Valleycrest Productions, Ltd., No. 01-11197 (11th Cir. 2002), for example, were screened out by an automated telephone system, rather than by an admission policy administered at the studio door, was of no consequence under the Americans With Disabilities Act statute; “eligibility criteria are frequently implemented off site-for example, through the mail or over the telephone. Indeed, Congress specifically noted in the ADA’s ‘findings of fact’ that ‘individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers,’ the very sorts of discrimination the statute seeks to redress. 42 U.S.C. § 12101(a)(5) (emphasis added),” Id. (citing Ferguson v. City of Phoenix, 157 F.3d 668 (9th Cir. 1998) (discriminatory 9-1-1 emergency response system))/

Oblivious to their DUTIES under the Americans With Disabilities Act, PayPal droned on and told me I would have to "wait 2-3 days" for PayPal to send a small deposit to my bank, and then I would have to get that small deposit amount and enter it into PayPal to "confirm" and "verify" my bank account the 'Non-Instant way.'

I DID do that, more than 7 days ago, and my bank informed me they STILL have received NO deposit from PayPal. Note: PayPay falsely advertises the turn-around time is 2-3 days, but admitted it can take up to 5 days and in my case it is now 7 days of attempting to navigate this same Autism lack of access issue.

My bank also refuses to provide any Autism AAC access accommodations and has taken the posture that a person who cannot use a telephone like a "normal" Neuro-typical person "must have a guardian," and they say they 'never heard' of the Americans With Disabilities Act and do not have to obey its disability civil rights access provisions. Ultimately, 7 days later, my bank told me it can do nothing to help me navigate as an adult with Autism, that PayPal must do it, and that my deposit money from my e-Bay sale can be held hostage and not given to me.

PayPal refuses whatsoever to do ANYTHING to make the process accessible, says 2-3 day time periods can just keep occurring indefinitely (in an endless loop), and that PayPal has NO legal duty under Title III of the Americans With Disabilities Act to make its process of "confirming" and "verifying" a bank account accessible to a severely disabled adult with Autism, and there is NOTHING I can do about it.

e-Bay has been MORE helpful than PayPal or my bank, but nevertheless e-Bay lacks pictogram signage adults with Autism can follow to navigate around e-Bay and MORE ESPECIALLY fails to write its information on 'how to navigate different selling methods' and its 'rules' in a way to remove the social-English people with Autism cannot understand and put it in simple language and pictogram terms adults with Autism can understand and navigate. It's no different than when blind people do not have braille or screen reader accessibility to assist in navigating such a website, and analogous to the blind Americans lawsuit against the Target Stores website.

Finally, I managed to make a significant sale on e-Bay that I was FORCED to make because Nationwide Insurance company has withheld in bad faith (without objections in any way to my medical bills) the payment they are required to pay under their uninsured motorist policy for almost $100,000 in medical bills I have already incurred that they signed for for over 3 years; and also because Social Security has delayed my SSDI and SSI Autism disability claims for over 9 years since April 2002 all because they inform me they have NO guidelines to properly assess the severity of Autism. Because of this withholding of money I should be getting TIMELY as adult Autism support and for medical coverage, as a result of this type of repeated abusive failure to timely pay adults with Autism funds upon which we DEPEND, I was not only cut off from my medical care for my Autism and brain injuries and suffered additional injuries, but NOW I was forced to sell a trailer my adult Autism horse business required to operate profitably that cost more than $30,000, for $12,100.

If that is not a systematic rip-off of the supports and self-support assets adults with Autism NEED, it's bad enough. But the buyer made a deposit to my PayPal account, and PayPal took the posture of REFUSING to let me access my own money to pay for my Autism needs, including my housing. While claiming PayPal "security" can completely override Americans With Disabilities Act Autism access civil rights, PayPal hung up on my Autism interpreter (other person I had to find to ask to call them because I cannot use telephones and they REFUSE to have alternative Autism accessible communication channels available) at least 3-4 times. PayPal told me I can just keep going in 2-3 day cycles, endlessly, and they have NO obligation to assist my Autism to help me receive my money I have been paid but can hold my money hostage indefinitely -- even if it puts my adult Autism home into default !!! (Notably, PayPal paid THEMSELVES their own cut right away !)

Adults with Autism fall off a Cliff when we age out of childhood Autism supports and services, as everyone in the Autism community KNOWS. People with Autism frequently have implicit learning disabilities, and we cannot do any employment or self-employment that we have not been EXPLICITLY and painstakingly trained to perform. I have only been explicitly trained to (1.) be a lawyer, or (2.) train jumping horses, ponies, and riders; however, most who know about my story know that I have been denied my attorney license in California for 21 years, and Florida for 9 years because they have NO Autism-specific attorney licensing programs and do not require the bar admission officials to undergo specific-Autism education and training -- so I cannot work as a lawyer. That is out. That leaves me, as a 55 year old adult with Autism, with being COMPELLED to earn my ability to support myself from my horse business Social Security told me I had to 'do for work' -- for which a horse trailer to pickup and deliver sales horses and ponies, and take horses and ponies to horse shows and other events where buyers can see them, is an Essential business asset.

Did e-Bay, and ESPECIALLY PayPal, or my bank care whatsoever about my needs as an adult with Autism ? Emphatically, No !

The ENTIRE scenario I was put through by e-Bay, PayPal, and my bank is INSANE, and BLATANTLY discriminatory to the type of access adults with Autism REQUIRE if we are to be able to create and innovate products, sell items, or operate our own Autism business in order to become self-suppporting, independent, and earn our own living to SUPPORT OURSELVES.

A very good Question in all of this is: WHERE is the U.S. DOJ ? WHY would the U.S. DOJ civil rights division NOT be bringing an Autism access enforcement action against e-Bay, PayPal, and numerous banks to ensure ALL adults with Autism of every severity have meaningful access ? NOT everybody can use a telephone to communicate ! MANY disabled Americans CANNOT !!! To PENALIZE a disabled American -- especially an VULNERABLE adult with AUTISM with the extra burdens of delay upon delay and forcing another person to speak for us to the point we lose our HOMES and our business (that support us), is NOT acceptable.

Note: Florida just initiated a mortgate "rescue" program to refinance and assist with mortgages and keeping Floridians in our homes, but made it intentionally target the exclusion of adults with Autism by refusing Autistics who can only buy a home through seller-financing (because the Autism inaccessible BANKS also refuse to give mortgages to adults with Autism and make their mortgage processes Autism accessible) meaningful participation.

I would URGE Every parent of a person with Autism, every family, every carer, and every single other taxpayer sick and tired of being taxed to pay for adults with Autism who can SUPPORT OURSELVES WITH THE AUTISM ACCESS WE NEED to WRITE to U.S. DOJ, e-Bay, PayPal, and every bank you can think of and DEMAND they comply with the Americans With Disabilities Act to give blind, deaf, and people with Autism ACCESS NOW !!! NOT 21 years after the Americans With Disabilities Act became the law of this Land. Or, let your WALLET do business elsewhere - just like the World sent the economic message to South Africa that Apartheid was WRONG.

For anyone who doesn't stand up for Autism access and take some initiative to do something about voicing the concern that a commercial exchange as Huge as e-Bay and PayPal to the American economy is NOT Autism accessible -- YOU have nothing to complain about when your taxes are raised to warehouse all the adults with Autism PREVENTED from working (a lifetime appx. $3.2-5 million cost for each Autistic), and the U.S. cannot pull out of this economic tailspin it's in because it is weighed down by the Autism TIDAL WAVE albatross.

Adults with Autism CAN earn a living WITH Autism access !!! If not NOW, WHEN ??? ! What are YOU going to do to tell e-Bay, PayPal, American banks, other similar businesses, and the U.S. DOJ to fix this broken system and give MEANINGFUL ACCESS to adults with Autism living in the community under the Olmstead v. L.C., 527 U.S. 581 (1999) mandates - just like you ?

Ramifications For How An Autistic Savant Experiences The "Separate But Not Equal" World - Part I

2010-06-06T17:12:00.000-07:00

As an adult on the Autism spectrum, I have experienced how the many different balkanized brain conditions that make up the Autism spectrum "disability" might have strikingly different results when they occur in contexts and settings outside that zone or personal "curtilage" self-controlled by the Autistic person. (The need for humans to control their own neurological environment is as indisputable and essential to survival as a Gulf of Mexico Pelican's or seabird's).

Moreover, the Autism spectrum is part of a far broader and enormous group of people known as "The Neurologically Different."

The "Neurologically Different" (hereafter called the "Umbrella Neurological Class"), is a "disability" class that includes but may not be limited to, people with an Autism spectrum condition, FOXP2 genes, spinal bifida genes, multiple sclerosis, Parkinson's, stroke, epilepsy / TLE in its various forms, Huntington's, fibroymyalgia, traumatic brain injuries, coma-recovered people, Lou Gerig's (ALS), Frontotemporal dementia, down syndrome, Alzheimer's, Type diabetes, metabolic syndromes, sensory processing disorder, Tourette's, dyslexia, Specific Language Impairment, dyspraxia, aphasia, hyperacusia, certain types of vision loss or blindness, Lyme disease, lead poisoning, pesticide poisoning, mercury poisoning, bi-phenol poisoning in daily household products, fetal tobacco smoking increasing testosterone, Chiari malformations, and other such neurological conditions.

Many problems occur when Autism Spectrum and Neurologically Different people go outside their zones and curtilage of personally self-controlled neurological environments - for one, and the most primary and important, Autistics and the Neurologically Different inevitably encounter "The 'Separate But Not Equal' synaptic communication gap."

Non-Autistic people, who are also commonly called "Neurotypicals" in Worldwide Autism community, have extreme difficulty with Autism Spectrum and most Neurologically Different people in understanding, anticipating, "reading" the verbal and non-verbal language of, spotting the involuntary and automatic neurological-biological genetic and/or epigenetically constructed brain and body systems of, how lacking or having differences in one or more of the five-Neurotypical human senses changes a person's perception, and/or how the brain neurology differences actually change the meaning and understanding of the symbols being communicated (in a combinations and permutations manner across a grid of the range of "effectiveness" of thought tranfer between Neurologically Different people and Neurotypicals required for there to be "effective" "communication").

It is pretty much irrefutable that the state-of-the art for brain science has radically changed how we understand the Neurologically Different in the past several years.

In response to the advancing state-of-art brain science, to provide an illustration of the problem, the Head administrator of Florida's state court system, backing up a Pinellas County "human resources manager" assigned to evaluate the Neurological Differences of the above class, informed me my Neurological Differences had been accommodated under Title II of the Americans With Disabilities Act because "we gave you a chair."

Every single other state and federal court, and state and federal agency I have interacted with (or attempted to interact with, but have fallen short on the shoals and rocks of Neurological Barriers), have simple informed me "that's how we do it" (translation: 'same way as always,' which can in many cases date back to the beginnings of this Republic or the state's joining the Union -- or even ELIZABETHAN LAW), and "we gave you due process" -- without explaining and matching how the Neurologically Different person's communication differences have a coupling-unit to causally link each sub-componenet of the "due process" with a bridge-unit to cross the synaptic communication divide.

The communication gap in the Neurologically Different occurs in most people at the synapse.

The synaptic communication gap is the Gulf of Mexico Oil Abyss that physically (organically) prevents the Neurologically Different person and the Neurotypical from understanding each other, because nothing can live in the synaptic gap -- just as surely as a Spaniard is not going to understand American Cherokee or Egyptian Heiroglyphics because there is no living synaptic bridge between the languages without some type of "explicit Communicative Primitive Human-Animal Translation Training" (a type of pre-lingual Thinking in Pictures / Sensory language) - or a foreign language interpreter. This is also no different than any other human<->dolphin, human<->African Grey parrot, human<->horse, human<->dog, Neanderthal descendant<->Cro Magnan descendant, or the need for other like communication process, sign language, PECs, tactile, or other "non-conventional" method that can be explicitly worked with and trained to function with the Autistic and/or Neurologically Different the same as English as a Second Language (ESL).

No matter what language is spoken or written, NONE of them can cross a non-living synaptic gap any more than humans can bring one back to life from the non-living. It doesn't matter how Neurotypicals characterize it, it does not change the laws of Nature of a Synaptic gap.

Some of the recent state-of-the art brain science research has begun to answer the age-old unsolved mathematical theorem itself: "What is a foreign language ?"

A foreign language is the software that runs on a particular evolutionarily bio-engineered brain hardware, and for each of these different types of foreign languages (otherwise known as "biological foreign language computer models"), they come with culture, race, genes, and brain gender-type already automatically installed.

Thusly, consistent with this latest state of the art brain science affecting the neurological brain science Training obligations of officials, employees, and staff by Government entities and the Neurologically Different accommodations duties of Government officials under Title II of the Americans With Disabilities Act and Sec. 504 & 508, of the Rehabilitation Act of 1973, recent scientific research has now demonstrated that different foreign languages reside and travel out-and-about on different brain roadways on the brain Highway system. No different than completely different locations on a Map.

And, everyone KNOWS that when people communicate in completely different foreign brain languages, a foreign language interpreter has traditionally been required to cross and bridge the synaptic gap to ensure accurate communications, mutual meanings and understandings, and "due process." Yet, somehow, Autism and Neurologically Different Spectrum language disabilities have fallen through the cracks in a broken language system.

Specific different "biological foreign language computer models" exist in almost all Neurologically Different "disabilities," the same way the different computer brands (the hardware plus the software making up the whole of the machine) are displayed at Best Buy or Circuit City or Comp USA.

This is important because (to re-interate) recent scientific research has now demonstrated that different foreign languages reside and travel out-and-about on different brain roadways on the brain Highway system. If a Neurotypical is foxhunting on off-road brain paths, while the Neurologically Different person is driving a Ferarri brain on the Autobahn, then the Neurotypical and the Neurologically Different person are traveling out-and-about on different brain roadways on the brain Highway system.

Humans cannot be one foxhunting in California and the other driving a Ferarri brain on the Autobahn (clear across Oceans, and Gulfs away from each other), while claiming with a straight-face that there is not a "communication gap." It is INCONSISTENT (as well as Impossible as against the Laws of Evolutionary Nature).

The Eleventh Circuit U.S. Court of Appeals in Bircoll v. Miami-Dade County, 480 F.3d 1072, 1086 (11th Cir. 2007), "found that the communication with Bircoll [a deaf disabled American], 'was not so ineffective that an oral interpreter was necessary to guarantee that Bircoll was on equal footing with hearing individuals.'” The Eleventh Circuit implied that the way to know if the communication is Constitutionally "effective" so there is "equal footing" is to give it the "able to understand" Test. id. Constitutional effectiveness of speech is a First Amendment, Due Process, and Equal Protection concern since synaptic Prior Restraints and Censorshop are Constitutionally prohibited, the Government cannot Establish one temporal lobe Neurologically Different brain religion-type over others, and Neurologically Different disabled Americans cannot meet the "able to understand" test when a communication gap exists at the synapse ! As I shall show (Parts I, II, III).

"We gave you a chair" or "you can just talk" or "you did just fine" has never been scientifically proven in a Frye v. United States, 293 F. 1013 (DC Cir. 1923) or Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 589 (1993) / Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999) manner to constitute a neurologically-proven way to accommodate the foreign language synaptic gap in Neurologically Different "disabilities."

Those vague standards do not meet the "able to understand" Test of how to connect the synaptic gap between Neurotypicals whose communication is foxhunting in California, while the Neurologically Different are driving a Ferarri brain on the Autobahn clear across Oceans and Gulfs away from each other -- without some added type of new road and neuro-building construction.

In such circumstances, where the road connector is not constructed, "able to understand" levels of communication would defy the physics laws of nature due to impossibility.

Communication, by definition, means two humans' ability to transfer thought units having the same identical meaning between each other so they can understand, be understood, and achieve a joint mutual understanding. When there is a synaptic Gulf of Mexico Abyss-gap, no living communication can transfer biologically two ways as required for operational living computer circuits, making it impossible for communication to exist.

However, Title II of the Americans With Disabilities Act goes EVEN FARTHER than merely "communication;" the ADA requires more - it requires "effective communication." Even the vessels roaming the Gulf of Mexico oil booms (inanimate objects) get more effective "personified" communication access to Government buildings and entities than the Neurologically Different people (living animate humans) who have synaptic communication gaps and are not being provided an accessible "lowering of the Draw-bridge" route to cross the synaptic communication Moat. Why is that ?

The long and short answer is because the Government building and entity "inclusion party invitations" only allow g-Intelligence people to cross the synaptic divide.

The Neurologically Different are racially, genetically, epigenetically, culturally, ethnically, evolutionarily multiple-Intelligence Indigenous people, and because of this characteristic cannot swim a Moat and need to have the Draw-bridge lowered.

Why aren't our Autistic savant and Neurologically Different "biological foreign language computer model" (brain language hardware and software Brand) being allowed to cross the Moat of the synaptic communication divide ?

Besides simply observing that Men have been Warring for all of Humanity and different strains of humans have gone to War over their Differences, I will describe in Part II (to follow) how it is for myself when there is no existing adult Autism savant / Neurologically Different brain road and neuro-building construction funded for the communication-sensory people. As the World, UK, and US Autism communities are quite aware, the "other answer" is that there is an Epidemic lack of funding for adult Autism supports and services no different than the lack of regulatory oversight over Wall Street, the Housing Meltdown, or the Deep Horizons Oil Well.

Recalling that "explicit Communicative Primitive Human-Animal Translation Training," no different than sign language, PECs, tactile, or English as a Second Language (ESL) Training, has (in lieu of an Autism foreign langage interpreter) been proven to meet the type of brain road and neuro-building construction required to overcome the synaptic "biological foreign language computer" gap experienced by most of the Neurologically Different, I hope my description of what it is like for me (Part II) to navigate the "Separate But Equal" Neurotypical World - like Odysseus, will help through enlightenment and education to bring critically needed relief to all on the Autism Neurologically Different Spectrum

I hope it will help to achieve that vital new synaptic gap communication road and building construction for all Neurologically Different people who think the existing NeuroDiversity g-Intelligence "Separate But Equal" doctrine is not Bio-Diversity multiple Intelligences "Equal." "Separate But Equal" will NEVER be "Equal" for the cortically deaf, mute, and social-English language-blind Neurologically Different.

When a Neurologically Different person with a multiple Intelligences "foreign language computer model" brain is forced by encountering the synaptic Moat to retreat back to the old ways of segregation, left to exist "Alone In Their Own World" in the "effective communication" synaptic integration process, that Autism Spectrum and/or Neurologically Different person is "Separate But Not Equal."

They are "Separate" because the synaptic gap communication road and neuro-building construction has not been funded or achieved.

Because the Autism Spectrum / Neurologically Different people are "Separate," therefore, by definition, they are not "Equal."

"We gave you a chair" and "that's how we do it," "you can just talk" and "you did just fine" enforce the "Separate But Equal" doctrine, and require synaptic bussing to remove the Apartheid.

Being "Neuro-Separate" is NEVER "Equal."

"Living alone 'in their own Autistic World'" is, indeed, "Separate" but it is NEVER "Equal."

~EquiisSavant

Coming, Part II (An Autistic Savant Personally Encounters The Synaptic Communication Gap - Don't Punish A Status), Part III (What New Synaptic Road and Building Construction Do Government Entities And Others Need To Add To Overcome the Neurologically Different "Separate But Not Equal" Synaptic Gap ?), Part IV (Isn't "Curing" Autism Spectrum People Without "Informed Consent" Genocide ?), and Part V (The Fundamental Right To Cognitive Freedom And Enjoyment Of The Talents And Abilities Of Multiple Intelligences).

From The Perspective Of Autism & Other Neurological Disabilities - The Horrible Thing About Being Different

2010-04-26T06:31:00.000-07:00

The horrible thing about being *different* is you try to behave properly and be kind to everyone you meet, and treat people with respect and be civil, and then - Whamo, out of the clear blue, some group of other people start bullying you, shoving you around, pushing you hard, hitting you, any number of things even worse than that I just won't say in case anyone is having breakfast or dinner right now.

These kind of attacks on us by which others who gang-together to attack us to convey (to us) that we are *different*, started for me as far back as I can remember - on or maybe just before pre-Kindergarden. By third grade, they were so bad, and so vicious, I had to play on the "Boy's Playground" because the girls were ganging and leaving me cuts and abrasions. A principle reason the girls hated me, was because I liked to line up my plastic Breyer horses, and didn't like all the Barbie doll dressy-talkie stuff they liked to play with.

By sixth grade, when I got the privilege of being on "Safety Patrol" (helped kids cross streets), I had to watch out going to and from the school grounds to my posts, because some of the gangs of other girls would (by sixth grade) unite with a couple boys, too and would lie in ambush to jump me and beat me up. Because I was *different* and odd and weird to them, even though I kept trying to be nice.

When I moved to NY, 7th grade, my first day there, the neighborhood kids ganged together and started shouting "Hey retard" at me from a distance. Even my teachers gleefully joined in, parading me constantly in front of the class to make me write or speak and repeat words "for punishment" because I was *different*, with everyone including the teacher acting together with the other kids mocking and laughing at me. Sometimes they also threw wads of paper at me, gum wads, and spitballs while I was ordered by the teacher to undergo the humiliation.

In eighth grade, some teachers ordered me to go outside at recess on the playground, and about 30-40 7th & 8th grade boys gang-jumped me and started hitting me, grabbing my female parts, and ripped off my clothes - tearing a dress my mom made for me because we were so poor due to her scraping all our money for horse riding therapy to try to stop my neurological problems - the imbalances and problems holding pens, tying shoe laces, holding forks, little flailing arms and hand movements, and loss of balance now and then wobbles when I walked, that made others identify and bully me for being weird and *different*. While this happened, I saw another 40-50 kids and teachers watching from upstairs windows - pointing and LAUGHING AT MY PLIGHT.

Then, between 7th & 8th grade, my pony ran me under our porch and hit my head at a gallop, and I got my first TBI on top of the neurological problems I had before. Even before that, I could NOT decipher faces or what the moving eyebrows and mouth shapes meant, or the hand movements, and others always got so angry because I could never seem to stand or be in the right place (body location) in relation to them. Sometimes I got hit, when I have no idea what I did wrong that got them so mad because of where I stood or sat or where my eyes or hands went or movements they made.

The attacks were so bad, I felt like going through a war zone everytime I had to ride the school bus. One day on the way home, I was just walking to my house, when this kid, Billy LeFurgy, who was in 12th grade when I was in 9th, came along, just grabbed me, shoved my head into a snowbank, and tried to hold me there unable to breathe shouting "die." Because I was *different*.

At the horse barns when they learned I could ride, and in University when some learned I was intelligent, they didn't treat me so bad, and actually tried to help me. I worked beyond my neurological abilities and hung on so hard until I got my degrees, so I could have a chance to have independence and a real life. But, the bullying never really goes away. It is everywhere neurologically disabled people turn in all walks of our Society.

One day, when hubby was sick with a high fever, (pre-right foot injury), he asked me to walk down Clearwater Beach about a mile to get him some orange juice. I was just walking there, and came around a corner, and there were 8 girls & two boys about freshman college undergrad age, taking pictures - until they spotted eyesight of me. Then they started shouting "Hey retard, Yeah you - hey you retard, ugly retard, come over here." I tried to walk on by, but they started throwing things at me, and trying to bully and pick a fight. Fortunately, I managed to cross the street, and some bicyclists cut them off, and I managed to mingle into some other elderly pedestrians. Another time, hubby and I were leaving the Hillsborough County Law Library downtown Tampa, and a group of others actually zigged and zagged to walk up to him and say "hi," and crossed the street to avoid me -- just by my neurological looks alone (I had not said one word, and I had never seen them before).

Most of my followers follow my almost daily saga of being bullied and attacked, and I'm just talking about all this - relating this horrible part of my life, because I have even been slapped hard in the face and hit for not being able to handwrite "properly." Form the letters "right" or do it fast enough or control my hand and fingers on the pen I am holding.

Folks out there need to know that bullying AUTISM people and people with ANY kind of neurological disability or, indeed, ANY person with a disability is NOT "Okay."

We start suffering the ABUSE & BULLYING targeting us for being *different* at a very young age - as soon as others who prefer "sameness" and "normality" start noticing we are *different* and go on "kill" - "maim" - "injure" - or "torture" the AUTISM person social-group gang attacks against us for what we sit there bewildered it is we did "wrong."

Adults with Autism and people with other early childhood brain injuries and cerebral palsy and other neurological disabilities need to start "coming out of the closet" and talking about the bullying and abuse attacks on us just for being *different*.

Whether we are a 3 year old who suffered hypoxia during birth, or have AUTISM, or are an elderly American with a stroke, there is NO excuse for a Society that allows these PERVASIVE ABUSE-BULLYING-attacks & persecution to be done to an innocent, severely disabled *different* population of neurologically disabled people, who move *different* / speak *different* / read *different* / write *different* / use *different" tools to do all of those things / use a *different* mix of senses and modalities to perceive and respond to the World and other people / and/or enjoy *different* objects, things, and interests rather than gossiping (wasting employer's time) around the coffee machine.

We are, as a neurologically disabled group of Americans, your child, your mother, your sports instructor, and we write your music, paint your galleries, invent your scientific and mathematical equations, engineer your buildings. Some of us even build cities and remarkable bridges and other engineering feats of science.

We don't deserve this CRIMINAL level of abuse and human rights violations and violations of our right to respect and dignity, equality, independence, and freedom that we have the right to access and enjoy same as everyone else.

We are NOT going to be silent ! We can and WILL speak out about these facts of our existence. Our struggle for a better tomorrow and for acceptance and the right to live free in peace is NOT going away - you can kill a person, but you can't stop an IDEA of Freedom whose Time has arrived on the Autism spectrum and in the World.

Why We With Autism Personify Our Autism Horses

2009-07-15T10:45:00.000-07:00

I have had to take a little law clerking and artistic painting hiatus from my blog for awhile. Now that I am back, I want to write about a little understood subject among neurotypicals and neuroskeptics -- about those of us with autism and our relationships with our autism horses. In essence, why we with autism personify our autism therapy horses and why they are such a vital part of our lives.

The use of therapy horses in autism is not and should not be a new concept.

In the 5th century B.C. horse riding was used for rehabilitating the wounded soldiers (Gamache, 2004). Florence Nightingale observed in 1860, “[an] animal is often an excellent companion for the sick” (p. 103). During the 1960s, when Equiis Savant began riding, horses first became used in the United States for therapeutic purposes (Engel, 1984).

Many people ask me what "is" horse therapy and where can they go to get it. It has been called by various names before, such as: Equine Facilitated Psychotherapy (EFP), Equine-assisted psychotherapy (EAP), equine-assisted experiential therapy (EAET), Equine-facilitated therapy (EFT), Equine-assisted learning (EAL), Equine-facilitated learning (EFL), therapeutic riding, psychotherapeutic riding, and hippotherapy (physical rehabilitation/therapy; Gasalberti, 2006). There are quite a number of different horse therapy programs existing in the United States, often run through non-profit organizations. Some adults with autism, as I have done, can advance after many years of such therapies to benefitting from having their own personified autism horse who vastly improves their lives. My mother began my horse riding therapy when I was age 10 after I told her I knew a Breyer horse was not a *real* horse and I wanted to ride a real horse. I have continued since that time with my personified autism horse therapies my entire life.

There are a number of reasons cited in the available literature over the Internet as to why horses are ideal for psychotherapeutic work and would work for benefitting people like me with autism: Horses have a calming effect on the person while requiring total attention to the moment, prospects for metaphor, and relational features (Esjborn, 2006). The horse is a prey animal and is also distinctly social. Horses can aid persons with physical disabilities, who benefit from the gentle rocking motion that may help to relax muscles and improve balance. The horse’s large size may contribute a therapeutic benefit -- its power and size provide opportunities for riders to explore issues related to vulnerability, power, and control. The straightforward nature of the horse’s interactions also may lead to therapeutic gains because horses are not duplicitous in behavioral interactions, and communication between horse and rider is typically clear and unencumbered (Taylor, 2001). As a result of all these characteristics, horses can be instrumental in helping people with significant autism communication deficits such as myself to achieve direct, honest communication -- in at least some format(s).

Horse therapy can can teach people with autism about energy, boundaries, how people move their bodies, and the intensity of purpose we as people with autism bring to others, because horses are very sensitive to our energy and how we move around them. According to Brooks (2006), if the person moves too fast or wants to touch the horse, they often move away from the intensity of the energy we convey; they are careful about maintaining personal space. Yet, horses are also very curious and will usually approach a human who remains calm and unaggressive (p. 208-209). This allows autistic people to learn to respect the boundaries of the horse and still have positive interaction with it. Although I still have boundary difficulties with people (humans) in some circumstances and contexts, the horse therapies I have received have neverthless vastly improved my abilities, and I have at least become pretty fair with understanding boundaries in the autistic-horse interaction.

Horses have also been used to simulate healthy touch in a holding environment to 're-create the safe space, both physical and psychological, which is created by the mother unbeknownst to the infant.' Jennifer A. Lentini, M.D. & Michele S. Knox, Ph.D., A Qualitative and Quantitative Review of Equine FacilitatedPsychotherapy (EFP) With Children and Adolescents, International Journal of Psychosocial Rehabilitation, 13(1) (2008), pp. 17-30 (hereafter "Lentini & Knox, 2008"). Thus, horses may benefit people such as myself with autism -- with overcoming problems relating to physical contact or closeness. "[B]eing carried” by a horse may have positive associations for women who have shunned physical closeness by humans (Bates, 2002). The holding and touch therapy provided by horses has also reportedly been used to aid in correction of negative experience such as those causing a psychotic break, through the use of trance in therapy and the horse as a means to help a rider focus into an alpha meditation state promoted by the natural gaits and regular motion of the horse induced through its rhythm and relaxation (Lentini & Knox, 2008). I have never been fortunate enough to have a therapist sufficiently knowledgeable to use my autism horse therapy for some of my different complexities equally problematic as the latter; however, I have tremendously benefitted from my personified autism horses for touch and hold, carrying therapies to help me address my childhood issues of not being able to achieve closeness and contact with other people (humans).

Therapy with horses reportedly may also be used to break though a person's defensive barriers and bring them fresh insights (Tyler, 1994). Autistic people who are behaving in ways that are inconsistent with feelings or thoughts must, according to Tyler, become behaviorally consistent and cooperatively affective in order to work with the horse; 'a therapist in office work might not be aware of the existence of such dissonance the horse can bring to light by its tendency to display unsettled behavior until the person's behavior becomes internally consistent.' Roberts (2004), attributes such as the reason horses work well for therapy concepts of relaxation training, self-awareness, and abstract schemas of unconscious. He describes the horse as "a living, breathing biofeedback machine because it externally reveals internal processes in real time. … Horses respond to the internal state of the person, no matter how much the person tries to disguise it” (p. 33). I can certainly attest to all of these uses of my personified autism horse therapies in my life with autism, perhaps among the biggest benefits this therapy has provided to my life -- although I KNOW the neurotypicals will NEVER make me into one of THEM !! Give. It. Up. all you NTs ! My social cognition circuits will always be ... autistic !!!

Horses, as the literature explains, can teach autistic people to send congruent messages with spoken and body language, because horses communicate almost entirely through body language and are not capable of "double bind" communication (Vidrine, 2002). Thus, a horse can function as a very large mirror to overcome the lack of mirror neurons inherent in autistic people's brains to promote conscious attention to the autistic person's specific behaviors, encouraging authentic communication and awareness of our secret intentions. Horses are relational animals possessing natural ability to mirror what an autistic person's body language is saying, as a result 'giving insight into our own nonverbal communication and behavior patterns' (Colclasure, 2004, p. 2). Cumella (2007) observed many other benefits of horse therapy, including improved self-confidence, self-efficacy, communication, trust, perspective, assertiveness, and boundaries. Moreover, the uninhibited nature and unconditional response of the horse, as well as the horse's non-judgmental nature, may contribute to greater connectedness and self-acceptance on the part of the rider with autism (Lentini & Knox, 2008).

As mentioned, while I have praised the benefits of these uses of personified autism horse therapies in my life, I am not, however, confident I have achieved all the objectives mentioned by Cumella -- some being far more difficult for a person with autism than others. I am likewise not sure it has been helpful for an autistic person to lack understanding of double bind communication, but at least my personified autism therapy horses have taught me to communicate -- and that is a headstart !!

The rhythm created by riding horses is also reportedly important to simulate one of the first experiences of a developing child, to build up “body-identity” and help with correcting pre-verbal dialogue. It is because humans can actually ride horses, there is a unique relationship there that is not present with an autism therapy dog or cat. 'A literal holding and sustaining dynamic is created when a rider experiences close skin contact with a big and supporting living horse, and it is significant in this respect that the ratio between the body weight of a horse and rider is not unlike the body weight ratio between a mother and infant.' The horse may interact with the autistic person in an appropriate and physical way that would not be possible for the therapist. (Lentini & Knox, 2008). While I have achieved benefits from my horse therapies in this respect, I still experience great difficulty separating out the difference between interacting with a human therapist and my personified autism therapy horse -- is this an autistic problem ? A personified horse problem ? Or perhaps, one of having not yet formed a complete attachment ? I suppose I will have to leave that to my future human therapist with the courage and skill to tackle these issues.

Vidrine (2002) also discusses the use of horse therapy for transferences in the Jungian sense of archetypes such as Pegasus and the unicorn, The Black Stallion, and Misty of Chincoteague. According to Vidrine, 'the horse provides a whole new object that may be projected upon with various transferences' by the autistic person, whereby people with autism 'can imagine horses as magical, powerful, beautiful, brave and strong,' contributing to the therapeutic benefits derived from autism horse therapy. Bates (2002) explains that the horse also may be represented as the object of transference, associating the rider’s repressed id to the horse’s impulsivity and vitality while the therapist acts as superego, limiting the rider and horse to safe behavior. “[T]he therapist’s job (superego) [is] to show the patient (ego) how to control the horse (id) without losing the horse’s vitality” (Scheidhacker, 1997, p. 33). This technique, when mastered, people with autism can learn to apply in their relationships with other people (humans) !!!

I can definitely confess to projecting Jungian archtypical fantasies and various transferences onto my personified autism horses -- especially when I am galloping along at a good clip. How does an autistic person explain the feeling she is mounted on the Black Stallion or Flame ? Or, a Black Winged-Pegasus ? Again, perhaps I will leave it to another day for my future therapist to work out all these transference fantasies that vastly improve my life while riding my personified autism horse with mane and tail flying in the wind !! And, yes, we people with autism come to believe through our autism horse therapies that our autism horses ARE in fact human !!!

Horses can also reportedly teach people with autism 'structure, responsibility, routine, care for another (the horse), empathy, safe mistake-making, the value of practice and mastery, discipline, problem-solving, body awareness, visual learning, patience, respect for others choices, creativity, self-esteem, relaxation, the value of completing necessary but unpleasant tasks, self-reflection, and nurturing;' in addition, group horse activities can widen the autistic person's “circle of trust” and promote interpersonal interaction (Lentini & Knox, 2008). The Spanish Peruvian horse has frequently been used for such interactions because it is known for a “gentle, consistent, trustworthy disposition” (McCormick and McCormick, Horse Sense and the Human Heart, 1997, p. 43). The husbandry and care of a horse can be instrumental to autistic healing. Such additional autism horse therapies are achieved by what we people with autism commonly refer to as "working around the barn." This can include (*Gasp*) mucking our personified autism horse's stall !! (And, WHERE IS MY THERAPIST ?! ... perhaps 'futher !' explains my fantasies projected into my newest savant art masterpiece I am working on called "Peruvian Princess At The Medieval Castle With The Faere Charisma" !!!)

According to Internet literature, the horse’s sensitivity may help an autistic person coordinate their emotions (i.e, French: movement and behavior (expressed feeling)) with their feelings (sensations and perceptions). Thus, horses may be used in family, cognitive behavioral, play and analytic therapy (Taylor, 2001). In a comprehensive paper in 2007 (a real mouthful), Karol discusses six aspects of the benefits of psychodynamic work done in sessions employed by an advanced-level clinician: "existential experience (including aspects of biofeedback, here-and-now attention, and immediate communications), unique relationship with the horse, therapeutic relationship with the therapist, nonverbal experiences communicating with the horse, preverbal experiences such as comfort, touch and rhythm, and the use of metaphor. She notes that, 'When a [person] is on top of a horse, sometimes for the first time in [that person's] life, he or she is looking down onto [others]... and can experience power… and an enhanced sense of his/her own body… [furthermore] the horse is also a vulnerable creature and so serves as an apt companion for a [person] overwhelmed by his or her own sense of vulnerability and imperfections' (p. 81). The relationship with the horse can help develop a ... self-concept and ethics.'" (Lentini & Knox, 2008).

"'Transference can occur in relation to the [horse] and be used therapeutically, and countertransference may develop, especially if the [autistic person] takes out his/her frustrations on the animal. Nonverbal experiences communicating with the horse refers to how the [autistic person] listens for and interprets the nonverbal cues of the horse. This can be expanded into how [autistic people] relate to the outside world in human behavior and communication. Preverbal experiences relate to the development of object relations.'" (Lentini & Knox, 2008). Karol also sometimes uses music to augment and encourage the development of an internal consistent rhythm, and can develop metaphor through the autistic person's imagination, through problem-solving, or through story-telling, thereby using metaphor to help bridge the inner and outer worlds of the person with autism. Id.

That WAS a mouthful (!), but I can personally attest to the tremendous help my personified autism horses have been to me through my life in even remotely achieving my ability to coordinate my emotions and my feelings -- amazingly, I believe my better-than-expected Bar-On EQi score bears this out. And, I have to say ... there is NOTHING that compares to riding horses to music, which I have done on a number of occassions !! Pleeeaaaassse (and I promise not to stim !) ... let me practice my piaffe and do my canter pirouettes to the sound of Jimmy Driftwood's "Battle of New Orleans" ... "They ran so fast that the hounds couldn't catch 'em, down the Mississippi to the Gulf Of Mexico" !!!

Horse therapy can also reportedly be used for conditions co-occurring with autism such as borderline personality disorder (Bates, 2002), and/or treating people who are fearful, anxious, depressed, angry, or dissociative (Tyler, 1994). In a study of different types of sports intervention, “[t]he most consistently positive intervention [with special needs people was found to be] the horse therapy” (Arizona State University (ASU), equine therapy, McCann (2005, 2005, p. 2). (Vidrine, 2002) suggests that therapy with horses may be particularly effective in treatment of refractory and guarded patients. (Scheidhacker, 1991; and McCormick,1997) go further and recommend use of horse therapies when traditional psychotherapy fails. I do know I have autism co-occurring features of borderline personality disorder, probably from my childhood sexual molestations and having witnessed the suicide of my mother; I also highly suspect, although no one has ever told me, that I disassociate as do most people with autism who have been forced to pretend they are *normal* in a neurotypical World and other causes, but I won't even get into the complexities of THAT in my particular life -- it is waiting for the One Dominant Savant Psychotherapy Master With The Expert Abilities To Ride Such Double Black Diamond Slopes In The Hopes Of Seeing That Beautiful Eternal Liminal Dissolution again !! I do believe, however, that my autism horse therapies and personified autism horses have helped with these co-occurring conditions, and I know I have personally experienced the benefits of such autism horse riding on the release of happiness spells on me when I become depressed over something -- and they also do a Great Job controlling my sometimes unbearable TLE pain syndromes ! Aarrrgggghhhh !!

There are other benefits I have achieved from my autism horse therapies I do not find mentioned in any of the literature I have read -- such as the relentless practice focusing on points while doings things like flying lead changes across diagonal lines, has helped me to be able to hold eye gaze with others deeply looking into their eyes while conversing -- despite my autism. Competing with my autism horses in horse shows has taught me a lot about how to put on a performance, even to entertain others when they want Entertainment Live !, and be tangibly rewarded for doing a good job the right way.

Maybe the most important thing my personified autism horses have given me is the knowledge that horses can truly speak, and what they have to say is this: There is no dream a person with autism cannot achieve if the person just believes through unwavering faith that their dreams really can come true !!!

~ Equiis Savant

Invitation To Visit My Website -- EquiisAutisticSavantArtist

2009-04-29T23:49:00.000-07:00

My EquuisAutisticSavantArtist website is currently under construction. I am inviting anyone interested in enjoying more of my savant autistic artwork and learning about my life as an adult savant person with autism who grew up during the 1950s-1960s to pay a visit to my website at:

http://equiisautisticsavantartist.webs.com/

~ Equiis Savant

Allow Me To Introduce Myself

2009-04-28T22:10:00.000-07:00

I am the EquiisSavant, an EquiisAutisticSavant living in Florida with an intense restrictive interest in people with autism who ride horses, play music, create savant artwork, and who believe people with autism should be accorded professional licenses and equal opportunity.

I have been diagnosed with high functioning autism and savant abilities by my neurologist, Michael Hoffmann, M.D., who is the most capable doctor I know in his ability to deal with the conundrums of persons with autism.

The art piece featured to the right is an example of my savant autism art abilities, entitled: "Dueling Male Zebras," acrylic, Apr. 2009.

I dedicate this blog to my late mother, who met Bettleheim's accusations of "refrigerator mothers" responsible for the vast waste of autism, by obtaining a teaching credential, studying special education in the doctoral programs at Michigan State University, and devoting her time to creating one of the earliest personalized autism interventions of the 1960s in support of my lifelong dream of becoming a lawyer.

~ Equiis Savant