While we have taken great strides in this country in providing for the needs of the disabled -- quite rightly so -- there is a point beyond which our efforts affect fewer and fewer. And it isn't callous to point that out. I bring it up because of an article in the Buffalo News today over providing handicapped-accessible voting machines.
Roughly one in five Erie County residents over age 21 lives with a disability, according to the U.S. Census.
But there is only one disabled-accessible voting machine in the county, and anyone who wants to use it must register in advance.
That's not enough, according to advocates for the disabled, who say the county doesn't comply with federal election law.
"It's a joke. It's an absolute joke," said Doug Usiak, who was blinded in an accident while serving on Okinawa island during the Vietnam War. His daughter or wife accompanies him into the voting booth and pulls the lever for Usiak's preferred candidates.
OK, I can understand his frustration. Voting has always been held to be an intensely personal endeavor, and perhaps even one that shouldn't have to be shared with a family member. I wouldn't care to be that dependent on anyone, myself. But if 21% of Erie County's residents were blind, this would be a no-brainer -- provide voting machines for the blind in every precinct.
But disability has become an all-encompassing concept, at least in the legal "community." Here's one website that attempts to define it. And if you were surprised by that 21% figure, be edified.
Regulations:
28 C.F.R. § 35.104; 28 C.F.R. § 36.104
(1) The phrase physical or mental impairment means--
(i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine;
(ii) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
(iii) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.
(iv) The phrase physical or mental impairment does not include homosexuality or bisexuality.
(2) The phrase major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(3) The phrase has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(4) The phrase regarded as having an impairment means--
(i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a public entity as constituting such a limitation;
(ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or
(iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by a public entity as having such an impairment.
(5) The term disability does not include--
(i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(ii) Compulsive gambling, kleptomania, or pyromania; or
(iii) Psychoactive substance use disorders resulting from current illegal use of drugs.
Now, I'm sure some of you breathed huge sighs of relief to read that transvestism, transsexualism, pedophilia, exhibitionism, voyeurism and gender identity disorders don't yet qualify as disabilities but you can see how the term "disabled" has now been so broadly defined as to make over 1/5 of the population disabled.
And the definition actually goes on further. An impairment of major life activities can also include:
McAldin v. County of San Diego, 192 F.3d 1226 (9th Cir. 1999).
- Engaging in sexual relations is a major life activity.
- Sleeping is also a major life activity
- "Interacting with others" is a major life activity. "Recognizing interacting with others as a major life activity of course does not mean that any cantankerous person will be deemed substantially limited in a major life activity. A plaintiff must show that his 'relations with others were characterized on a regular basis by severe problems, for example, consistently high levels of hostility, social withdrawal, or failure to communicate when necessary.'"
So, where you might have felt justified in thinking that we should provide special voting facilities for the blind, the deaf, and the crippled how do you feel about lumping in the horny, the tired, the lonely and the just plain angry?
I know, I'm making light of a serious situation, but if advocates for the disabled are going to throw out a ridiculously high percentage of the population which is supposedly disabled -- figures which include people who really aren't -- and then illustrate that with a couple anecdotal examples of voters with a true need for aid then they deserve some ridicule.
Instead of spending potentially millions of dollars statewide to accommodate a very small part of the population, there are alternatives. The article mentions absentee ballots and if those aren't already available in Braille, then make them so. If a citizen is so severely disabled that he requires sip-puff capabilities then he probably has those at home and we could make provisions that allow him to vote from there.
I think it's fair to provide every mentally-able citizen, no matter his physical condition, with the opportunity to cast a private and independent vote. But to go further and insist that he be able to do that whenever and wherever he chooses is an unneeded expense. We vote to choose our elected representatives, not to hold a once-a-year community get-together.