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I CAN'T SLEEP!

I can't get your post #3709 out of my mind.

Do the lawyers know about this case? Is it applicable to Terri's situation, regarding the ADA (Americans with Disabilities Act) ??

This is from the latest WorldNetDaily article:

When Greer asked if he shouldn't schedule the day for
removing the feeding tube, Bachman told him to "go
right ahead and issue it. But issue it at a date SO
FAR INTO THE FUTURE that Terri has at least had a
chance to learn to be able to eat. Let her eat. Under
the law you have no right to keep her from eating."

Under the law, the state of New York had no right to prevent Marilyn Bartlett from taking the Bar Exam. THEY HAD TO ACCOMMODATE HER DISABILITY. Of course, it only took her two extra days to complete the exam. The amount of time was not the issue, however. Under the
FEDERAL law (ADA), the state of Florida has to give Terri time to learn how to eat. However long it takes! THEY HAVE TO ACCOMMODATE HER DISABILITY.

from your post:
"In August, [2001]the 2nd US Circuit Court of Appeals ruled that a learning-disabled woman has to have TWICE the normal 2 days to take the New York State bar examination, according to an article by Mark Hamblett in the New York Law Journal.
Marilyn Bartlett, whose 8-year fight with the New York State Board of Law Examiners has included an appeal to the US Supreme Court and two appearances before the 2nd Circuit Court, convinced Judge Sonia Sotomayor that she has a disability that should be accommodated under the Americans with Disabilities Act (ADA)."

And also from your post:
"If the USA can give someone extra time to pass the bar, shouldn't the USA give someone extra time to prove she wants to communicate?

GOOD QUESTION!!!

from your post:
Noting that the Second Circuit Court of Appeals' precedents regarding the definition of disability set in this case are firmly established, Bartlett went on, "my battle has been waged so that others will not have to fight for their rights the way I had to."

I'm seeing a connection between Marilyn Bartlett's case and Terri's, BIG TIME!
(Or maybe I'm just extremely tired!)

NOW, I'm going to sleep.

Will be in prayer tomorrow for Terri.

Thanks very much for reading the info on Marilyn Bartlett.

I'm glad that you understood what I meant, even though I didn't have much time yesterday to find a good summary of her case...I think this might be a better one.

"LEARNING DISABILITIES AND THE STATE BAR EXAMINATION, As published in The Buffalo Law Journal October 18, 2001

Marilyn Bartlett, who had taken the New York State Bar Exam several times and failed, alleged that her dyslexia substantially limited her major life activity of reading, or alternatively, working. She claimed that the state's Board of Law Examiners discriminated against her under the ADA (titles II and III) by failing to provide her with reasonable accommodations when taking the bar exam.

There are glaring differences between Bartlett and Terri. Bartlett had made accommodations to help her with her disability. She was able to obtain a doctorate, but needed accommodations to pass the NY bar exam. Terri can't help herself. She needs help in getting the accommodations she needs. (But isn't that the reason we have the ADA, anyway?)

Someone I know was researching Bartlett's case a few years back, while it was still unresolved, and we used to discuss it. I had forgotten all about Bartlett, until I was cleaning bookshelves in the living room yesterday and came across some printouts about her case.

Mike's examining doctors must be a little "slow" in the head, themselves, since they don't seem to take response time into account. Sheesh, "ordinary" teachers know that, in order to be effective, they must allow students the time they need to process and respond to oral questions or directives in class.

Terri should be given the time she needs to process questions and directives. She should also be given more than one chance to "pass" her test.

If Marilyn Bartlett, (who already is a college professor), gets >>>>extra time<<<< to take the bar exam, Terri should get extra time and support to pass an exam that means she gets to live. Since Marilyn Bartlett was given many chances to pass the law bar, Terri should be given many chances, too.

I think the expert witness on speech pathology made a good point about the accommodations that should have been made, all along, to help Terri deal with her disabilities.

For crying out loud, did Mike even do inexpensive things to improve Terri's environment?

I don't think he's bothered to do even simple, inexpensive, things to make life a little more "colorful" for Terri. If Terri is looking "up" quite a bit, couldn't posters/decorations have been applied to the ceiling? Couldn't they be routinely changed to stimulate her brain, keep her from being bored. Couldn't they have been moved a little, to encourage Terri to expand her vision "comfort-zone."

Even babies get mobiles over their cribs.

I think Bartlett's case also shows that the Federal Government can step into a case that had been handled in state courts, if the Americans with Disabilities Act is being violated.