Proposed Amendment to Mental Hygiene Law Defeated
By Anne DoxPublished: April 9, 2008
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EmailMany stakeholders of New York State's Mental Hygiene Law recently joined forces in a show of unprecedented solidarity. The effort successfully helped to defeat bills that would have amended legislation and allow for an increase in the use of restraints. In his veto of the Assembly Bill, Governor Pataki wrote: “I urge sponsors to work with all interested parties to develop a tailored approach that would overcome the concerns that have been raised regarding this version of the bill".
Bills 9986-A and 6706-S proposed to expand authorization for the use of restraints. The bills had passed through the Assembly and Senate almost unanimously. However, many people who would be most affected by the amendments, human rights activists, and advocates strongly opposed the bills.
The Mental Patients Liberation Alliance issued a Call to Action on July 20, 2006, one day after activists learned that the bills had quietly moved through the legislature. Anne Dox was in contact with James Rye [The Empowerment Center] who stated, “We need to move on this quickly". Rye had been in contact with Peter Ashenden [Mental Health Empowerment Project], and Ashenden had been in contact with Harvey Rosenthal [New York Association of Psychiatric Rehabilitation Services]. All four organizations issued a wide-spread Call to Action in opposition of the bills.
Emails, phone calls, and word-of-mouth quickly spread the news throughout our communities. An impromptu alliance of people, groups, and organizations formed - some working together for the first time. Information was combined and incorporated into the united effort seamlessly. An information packet was created and issued. Packets included the proposed bill, fact sheets, model letters, key names, relevant phone numbers, email addresses, fax numbers, and post office addresses. The information was circulated throughout the state with an unprecedented span, fervor, and speed. The response from individuals and groups was quick and powerful.
Harvey Rosenthal was able to arrange a meeting with Governor's Counsel Caroline Kerr for representatives of a number of activist and advocacy groups to make a united appeal for veto of the bills. Groups represented included the Westchester Independent Living Center, The Empowerment Center, The Alliance Empowerment Coalition, Mental Health Empowerment Project, New York Association of Psychiatric Rehabilitation Services, Families Together, Mental Health Association in New York State, NAMI New York State, and the Mental Patients Liberation Alliance. The delegation cited numerous reasons for opposition and was able to highlight efforts in our State to decrease and eliminate the use of restraints, seclusion, and aversives.
Supporters of the bills claim the amendments would reduce the costs and inconveniences of service delivery. The Mental Patients Liberation Alliance held a press conference and sponsored a demonstration at The Capitol in Albany on August 3, 2006, one day before the bills were delivered to Governor Pataki.
The first notice to the people who responded to the Call to Actions opposing the proposed regulations came on August 17, 2006. It began: “Assembly Bill 9986 and Senate Bill 6706 'An act to amend the mental hygiene law in relation to restraint'...is VETOED". The message ended, “WE DID IT"!
However, George Ebert of The Alliance cautions, “The veto is only another beginning in the struggle for human rights. Legislators can override the veto or rewrite and reintroduce the bills. We must remain vigilant and continue to work together".
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