Addendum: Texas Report on ADA Disabilities/The Olmstead Call
Austin's Unconstitutional Failure to Fulfill The Community Living Promise
of the Americans With Disabilities Act
Presented to Attention of: Senator Tom Harkin
Narrating a Special Response to U.S. Senate Health Education, Labor and Pension Committee Inquiry
September 10, 2013 -- Notarized 9/14/13
Senate Report Titled – Separate and Unequal: States Fail to Fulfill the Community Living Promise of the Americans with Disabilities Act of July 18, 2013
Community Strengthening Task Force
IMPERIAL VALLEY NEIGHBORHOOD ASSOCIATION (IVNA)
Tex Nonprofit Charter 400688401 Founded 5-31-77, Uphold Property Title Covenant Restrictions IRS 74-2935680 Surveyed June 1970
East Travis County Development Plan see http://dialoguemakers.org/ivnadevelopmentplan2.html
512.828.9778, email@example.com, Box 1156, Austin TX 78617 c/o 9704 Monarch Ln Austin TX 78724-5840
This addendum is focused on forcible removal not employing people with disabilities. Unwanted homeless from Austin's downtown business district are forced to make it on their own. They face alienation, intimidation, retaliation and humiliation1 as they're moved to an isolated County setting 9301 Hogeye Rd, Austin TX 78724. Toxic relations taints and alienates our NA dwellers. Negative forces2 push Latinos, blacks and poor whites aside so alienated impoverished homeless meet strangers. That institutionalization is hardly what the Justices call for in Olmstead v. L.C., 527 U.S. 581 (1999). Austin fails to live up to the ADA integration mandate. Coercion, administrative Sec. 39.03. Official Oppression and City backing empowers substandard goals for overcoming homelessness. For a decade Mobile Loaves and Fishes (MLF) has housed clients in RV Parks and settings where disabled people are held.3 Austin, the US's 11th largest city, fails to deliver credit worthy long-term services and supports (LTSS) to individuals with disabilities (particularly its homeless) through home and community-based services (HCBS). Forcing chronically disabled homeless to live 16-miles from freedoms they selected, has a cruel not just unconstitutional side to it. Segregation of individuals with disabilities in institutions (an RV Park) violates Olmstead. MLF does not end forced segregation. It is time this City to find constitutional means to live by US law, without off loading unsolved problems on County subdivisions that gasp for air. We want public money spent well not wasted nor squandered through fraud.
Business operators and downtown clients4 bombed planners; and their guns have back fired. Imperial Valley Neighbor Association dwellers are injured like citizens in 50 States. See the U.S. Senate Health Education, Labor and Pension (HELP) Committee Report: Separate and Unequal: States Fail to Fulfill the Community Living Promise of the Americans with Disabilities Act of July 18, 2013. The Senate report lays ground5 for this Neighborhood Association (NA) to seek injunctive relief, redress of grievances, payment for injuries, pain and suffering. For our NA the immediate injuries that we complain of are caused by Mobile Loaves Fishes (MLF), their backers, collaborators, et al,
alienating, retaliating, intimidating, humiliating and bullying certain County dwellers,
discriminating against all homeless vs select chronically disabled homeless they prefer,
doing feisty goading against old, new and historically brown as zero percent engagement in foreign languages. (See Property Code Sec 5.068 (Eff 9-1-95)).
MLF has with City of Austin web page backing, repeated the misery our NA complained of for 38 years. We demand MLF take responsibility for the litany of travesties it's caused. This report solely addresses scams threatening this NA since 2010, not from the dates that litany of travesties began in +/- 2000. If the greater public plan needed for solving homelessness, these compliances
called for by the US Senate and generally by State and Federal law, being unearthed.
This NA opposes MLF previously discouraged leap onto our turf using brash methods (including cyber crime / removing6 Internet postings and identity theft) as such housing issues were found unconstitutional in 1928, when black, brown and poor white living in 7 hubs were forcibly/unconstitutionally moved east of Fifth Avenue (now IH 35) to Waller Creek. Today it's 16 miles eastward, wagered by the City and County. Why? Just the taking of such weighted singular approaches set a dubious precedence. Move chronically disabled homeless east does not solve CoA homelessness. It splinters the process without making honest efforts that go to the core of the socio economic, cultural questions nor direct solving thereof – providing an across the board answer to hunger, lack of shelter and jobs for the people with disabilities.
We hold MLF wrongly identifies itself as corresponding a community first entity. Rather, by locating itself 16 miles away from downtown connective bodies, it forces institutionalization on clients; that's a correct title for what it sells, for instance at Royal Palm RV Park and on its video. Professional observers announce, MLF commits deceptive trade practice if it alleges we do community living. That's a lie. It misrepresents the truth. The entity requires too many outsiders coming to a remote setting. That costly sub-standard performance kills Austin. Scams, regardless of the practices, which require monitoring, need to be halted. This place simply is not proper at 9301 HogEye 78724. Besides, it's not affordable.
As we say in correspondence to a senior USDOJ civil rights special litigator assigned by Mr. Holder to this NA's complaint cst#361475, we hold
MLF CEO/Staff/fund raisers joined together, colluded and conspired among themselves and with
County staff/Commissioners voted 5-0 for the RV Park homeless site operator 8-13-13;
Downtown biz district operatives like Bury & Partners, Inc [an enumerable biz listing]
Health-care specialists7 qualify chronic disabled homeless;8 and
Austin Zoning & Platting commissioners 7-16-13, +known/unknown planners/developers
The aforementioned parties joined together, conspired, colluded, and generally deprived rights of, coerced and perpetrated against our dwellers. We hereinafter hold ourselves to be known as complainants. Our NA Executive Committee asks to be contractually allowed to accumulate legal proofs, transmit narratives, and cordially pray the USDOJ will represent affected dwellers led by an NA Community Strengthening task force; and/or till the FBI investigates MLF money trails, legal skirting, malpractices [insert other counts to be enumerated]. The practices to be litigated behalf victimized dwellers and accomplices if any, net worked with known/unknown MLF perpetrators [and other insert counts.]
The MLF charities approach increases the costs of care, plus their clients all must pay a fee for housing. It brings a crime cultures into residential areas. And in the ETJ it exceeds dwellers-next-door's ability to pay what it costs. That kills Austin. See AustinAffordability.com blog. By isolating their clients with disabilities, MLF zeros out their chance to take jobs. The business model ruins probabilities for them to become employed. We concur with Olmstead and the National Governors Association holding, “There are 54 million Americans living with a disability, among whom only 20 percent are currently employed or looking for a job.” Businesses want to hire disability candidates that meets their needs, not those amid institutionalized social welfare approach to care like MLF intends to house in the isolated setting where it will waste funding coming from humans with its zero results institutional chronically disabled homeless services model.
For chronically disabled clientele across the USA, we've sought standards-based frameworks that are used to approve or certify:
Assistive medical treatment centers;
Mental healthtreatment centers;
Substance abuser treatment centers:
Mixed populations of problem personalities treatment centers; or
An alternative treatment center.
We know various persons9 gain placements for chronically disabled clients in such centers. The placements arise with 5-minute strategically-placed phone calls. Are these “skilled callers” helping or hurting health-care deliveries? What can be done to cut down on scamming? We mean, in single calls, Social Security disability (SSI); Medicaid; and Medicare coverage can be lined up and the diagnoses that can result sometimes, all get worked out with no a Medical Doctor or allied medical practitioner actually seeing such individuals. It results from “a case worker who pushes the individuals through a maze of options”. From this hopper, a placement into one of the six above named centers. The placements grease skids enabling a schemer to become a federally qualified care center. Wow!!!!
Why does MLF bring on this fight to service so few people? Their institutional approach doesn't meet mustard. The Sunshine RV Park institutionalization at 9301 HogEye set off by itself fails to amount to home and community-based services (HCBS) urged by the Olmstead v. LC decision.
We note at their remote setting MLF can't supply key community integration key principles to chronically disabled homeless in their census as follows:
Rather than an all or nothing, individuals with disabilities should have the opportunity to live like people without disabilities. They should have the opportunity to be employed, have a place to call home, and be engaged in the community with family and friends.
Individuals with disabilities should have control over their own day, including which job or educational or leisure activities they pursue. This all or nothing isolated acreage, for sure all must go somewhere else to gain jobs
Individuals with disabilities should have control over where and how they live, including the opportunity to live in their own apartment or home. Living situations that require conformity to a collective schedule or that restrict personal activities limit the right to choose for people with disabilities:
Individuals with disabilities should have the opportunity to live like people without disabilities. They should have the opportunity to be employed, have a place to call home, and be engaged in the community with family and friends.
Individuals with disabilities should have control over their own day, including which job or educational or leisure activities they pursue.
Individuals with disabilities should have control over where and how they live, including the opportunity to live in their own apartment or home. Living situations that require conformity to a collective schedule or that restrict personal activities limit the right to choose.
Governors know they must apply a blueprint. They say “put the focus getting people with disabilities jobs, not on social welfare. Meet the needs that satisfy employers”10, not those, like MLF, which bicycles in the air, saying no to business logic11. We neighbors demand that MLF halt crime culture threats acknowledged by MLF's CEO Graham says below to Steven Brown, “In regards to your fears, sure I will put up electronic surveillance, etc.,” whose perverse panhandler habits threaten local Neighbors. But past promises have been broken time after time.
Businesses (like MLF) that render care to the chronically disabled must be held to the professional dictum, ‘the care system's (MLF) and those in charge's vested interest will not supersede that of our clients.’ They must be held accountable, to deal with omissions as well as emissions as per bio ethical care principles.
We ask that the HELP Committee guide us so the USDOJ may litigate this; ask that a Judge rules against the goading of dwellers, which Mobile Loaves & Fishes, JD Equity12 and others have used to quell demands of individuals living far from those downtown biz operators, who want the homeless to move. Our pleas are behalf elders/minors and newcomers made vulnerable. We are poor and not financially prepared to pay costs. Wecannot embrace chronically disabled homeless on a long term. They are forced into an isolated setting by a commercial venture. The 27 aces at 9301 HogEye sits in the ETJ beside our residential settings (+/- 1500 dwellers and many not yet sold lots). The homless brought here are 16 miles away from fun and living in downtown Austin's business district. That's where the disableds are forced to leave. The MLF ploy institutionlizes disableds. This creates a fancy money earning scheme for MLF. It is contrary to what the Legislature, Executive, and Judiciary calls for in Olmstead. Institutionalized homeless are to be kept on a gated 27-acre plot far from jobs, cafes, grocers, bus lines, fun or libraries. Ouch that's unequal treatment.
Repeat of Ugly 1928 Discriminatory Forced Moves
We hold, the foregoing duplicate what the 1928 City Masater Plan did for 7 hubs of poor black, brown and white dwellers faced as they moved East by force. True, homeless get nudged onto the 27 acres; but seeds have been planted to cause black/brown/ poor white dwellers who chose about 1969 to live "far from town." Since 1969 city sewer connections were denied to Imperial Valley dwellers till 9-3-13. But brand swanking new connections existed on MLF acres just before 12-31-12. Seeing intruders get the unequal connections scares those living in this NA for decades. Protecting NA springs and cheerishing memories, older dwellers remain fearful an eventual move probably lays ahead, particularly if justice gets denied repeatedly.
Yes JD Equity Limited Partnership acquired 27 acres of ETJ land. They paid a whopping big twenty dollars, ($20.00). Registered Surveyor 5267 Mark Jerry Jezibek signed his name 1-30-12 on plots saying MLF Tract but the Warranty Deeds signed as Grantor by Paul F Grenard (23.76 acres) & Ronald Lee Boatright Jr (3.18 acres). Each Deed filed with Clerk 8-14-12, is issued to JD Equity LP, not MLF. JD Equity took the steps as MLF skirts code enforcement and ignores the mandatory international call for architectual land use authority covenant, conditions and restrictions (CC&Rs). We ask, how do 68 new JD Equity properties fit the 501C3 scheme?
Fiscal Impact and Realities Homeless face: Giving a boot to Texas homeless, opportunist MLF increase costs State-run enterprises evade. Immense savings arise if personnel costs, repeated in / out trips, risk management claims, errors and omissions or deaths arising from wrongful or inefficient follow ups to client emissions are removed from budgets. To do this, whole-state master plans designed for community living take overs are implemented in lieu of rip offs that let hands in the till set the pace. More savings can result amid homeless persons' calls for pharmacy visits and the shifting of drug costs to Medicaid // better people to people monitoring.
MLF's video presentation (made before County Commissioners 8-13-13) allege the UT School of Architecture13 backs housing MLF uses. But we call this claim a misrepresentation; MLF had no property. Moreover, Michelle Heath – "an NA home owner who lived at Royal Palms RV/Trailer Park testified twice Park theft became a big problem. Batteries were stolen from cars, oneneighbor, a firman had his uniform stolen, Heath had the steps from her home taken. There were problems with panhandling as well asa apeople knocking on our doors at all hours of the night. As our security felt threatened my surrounding neighbors and myself moved out of the Park with no recourse."
Worse the afore mentioned tragedies remained unknown to UT School of Architecture housing-plans like those used at Royal Palm RV/Trailer Park. One scam covered up yet another. That one gave disableds so-called low-cost living, while MLF spihoned funds from donors and used the social contract quality clients with SSI, SSDI, Medicaid, 1115 waivers, 1915 waivers and Medicare14. Beyond moving homeless from preferred habitats, over 12 months MLF's scam requires 131,400 miles extra driving, costing $238,000. Volunteers bear extra costs of +/- $325,000 to get to and from the site.
Moving chronically disabled to an isolated location equals de facto long term institutionalization; and it requires high cost MD, PhD, Nurse and MSW who must travel to / from the remote. This chews up donor contributions. The foregoing oft forces government leaders to bend over backwards at the last minute. Then the officials are forced to crank up sleek promoted low-turn-out Bond Issues. It's time for the perpetrators to be exposed/halted in their tracks. In this NA, MLF resorts to bullying, deceptive practices and a bag of tricks used time after time in place after place where MLF has squatted in the past 15 years.
Why are our dwellers bullied? Who knows? All goading must be halted. The community strengthening task force members pray for due process and equal rights to be upheld. We want to stand tall. And we ask investigators to dissuade unconstitutional intrusion. Regards goading, the NA asks that counsel view congressional intent relating Rep Eddie Rodriguez HB 3350 affordable housing Homestead Preservation Districts. This Act does not lend support for scams15. Plus we subscribe to efforts attempted in Delaware, Connecticut, Oregon and California efforts to pass Bill of Rights for Homeless laws16. Those rights apply to dwellers in this NA as well, especially as to MLF lack of engagement with the community deeply affected by it's hostile approach to moving in to this NA. Those dwellers forewarn all to take umbrage! The displaced resentment or taking offensive steps against those of us living in the County and Woodland Hills subdivision, is wrongfull and will be challenged.
Gentrification No! Substandard living for the disabled homeless No! We cannot pay this not affordable operator's tab. It's lowered our home values and in all likelihood will increase our taxes. We need workers paying taxes not homeless who are institutionalized and goaded to accept limitations in isolated settings.
The videotaped hearing (8-13-13) shows all that County personnel were asked by Commissioner Davis to answer for MLF. No MLF proponent got asked to answer questions. In fact they said “We will answer no questions till after the hearings.” In assemblies, and in the run up to that County Court hearing, never did MFL operatives answer neighbor's questions. Insufficient engagement occurred in English; and zero in Spanish, Asian or Indian languages contrary to per Texas Property Code Sec. 5.068. Affected settlers were denied due process and equal rights under that law. That 8-13-13 hearing wrongly reached a 5-0 vote favoring MLF long-term care operation. MLF makes promises in video presentations that sells story, but not community care. Photos of clients, violating bio ethical principles and licensee codes of ethics, are a matter of record in videos. We will post the DVDs so the DOJ has them in the NA's USDOJ cst#361475 file. These and other proofs, with more that are being hammered out17. Those are being done on nimble not organized neighborhood association desks as we send this Addendum.
We plead for humanitarian protective care behalf both county and city dwellers who reside on our sparsely populated 105 sq mile turf.18 NA dwellers profess negligible experience in embracing chronically disabled homeless moved here 15/16 miles from diverse habitats. We're intent on making news releases and holding news conferences to bring attention to our NA's pleas for constitutional rights, showing milestones our dwellers have fought for and our scar laden histories, i.e., Christina Espinoza's burned body about age 19, was brought from the Sixth Street business district and dumped on Imperial Drive North. Her Memorial/an Alter in the west most ditch beside Imperial Drive North is a daily reminder to dwellers what Austin's biz district brings our neighbors and guests.
Moreover, let us crop in part of our 2010 request to the Honorable US Attorney General Eric Holder entitled: “Access blocked to ImperialValley NA dwellers and our NA guests, law officers, EMS, Fire, as well as Public Works.”
From the Imperial Valley Neighborhood Association Development Plan
Access by Public Road Blocked to EMS, Fire, Public Works & Owners / Record Reported 9-16-10
Plus, there's been a direct violation of past IVNA decisions voted into affect over three decades by local residents. For example flooding covered in a 2005 Voter approved Imperial Drive bond issue led to $1,975,000 for flooding along Imperial Drive. When that rubs up beside the fact some who bought lots found were never able to build a Home or install a Septic on their properties. But all had to pay taxes. By early 1976 dreams of nestling near the Colorado were spoiled. Owners were told, “your area was condemned.” Finally in 2005, after voters picked up the tab and three bridges were built and at the Ribbon-Cutting Ceremony where Project Engineer Mo said: "We have a surplus as of 9-23-10 and the NA said, "we have asked for any surplus funds. Yes, that's in writing." How is that true? Before his death P.J. Porter had asked the NA secretary "to keep working on this and keep our minutes. Why can't our call for the sham we've seen on the Lower Imperial Drive 78725 be turned around like the City did near Roy Guerrero Park?" Doris Williams a 78-year black lady present on 9-23-10 remarked, "I told Commissioner Davis I fought for bettering IVNA 36 years. The reality faced by those who bought lots in the River bottom has been an issue our NA has addressed over and over. It's in our minutes. But he left as soon as he cut the Ribbon. Minutes and letters declare in writing, "This flooding issue must be addressed. Wrong steps were taken regards Lower Imperial Drive, which the mighty Colorado River floods. Davis asked me for help to get elected but has not addressed what deeply concerns me, my family and my friends. It was right for us to demand surplus Bond funds, as the written record shows we asked for it when flooding hit both in Section II and in Section I subdivisions. Did this influence stress on the membership of Community Faith and Bible Church at Aristocrat and Imperial and produce a split in community relations? No doubt, it has been a reason for land owners to make law enforcement reports and claims that frauds have been committed."
Separately, decisions by our voting NA land owners have been trampled upon by intruders whose actions blocked public road access on Lorado Ln, Veldt Blvd & Lower Imperial Drive on the part of Firemen, EMS, water mains maintenance specialists and/or lot owners. This resulted in three roads, water mains and other public works built with tax dollars being blocked by those intruding land grabbers. The glut hit many of the 32 poor peoples' lots that got taken.19 Some intruders include Chautauqua Foundation, Texas Canoe School and Imperial Valley Section 1 Land Owners formed with no public meeting 11-8-08. Reports to the Constable, Sheriff, Federal authorities and the County Attorney were filed.20 Why? Among others, illicit calls were made to private owners. IVNA members and a specialist affirm Callers told us, "I'm calling you about property that I own. I the owner heard a man who called me say, "I'm coupled with law enforcement. We hold you've participated in illicit drug making activities from the lot listed in your name. We are amidst a campaign to clean-up such activities." Then the caller reaching our NA insisted, “They told me. Donate your property, so we don't prosecute you for participating in trafficking from your lot." That owner lived out of town said, "I told the caller I had not been on my lot in years. So you are wrong. I have not done what you are alleging. I could not because I live far away. So, halt that line with me! Plus, my taxes are fully paid. And,,,, I stood my ground." Similar incidences were reported. All these were added to IVNA's crime statistics mapping. On 4-29-13 Delores Blaylark after her 2nd pet dog was killed said, “I ain't about to let those guys keep me off the 2 lots my Dad acquired. He built my home in 1969. We were here first. That dam sign will not keep me out; they will not run me off. It sure pisses me off they tried. Let's meet so the NA rebutts this!”
Neither a Constable, Sheriff, County Attorney nor Federal investigators has/have advised IVNA this case is closed or that investigations have been terminated. Original NA settlers and enthusiasts who write and tell about going fishing at this spot on the Colorado over the past 60 years are out raged that a locked gate now impedes going past where Imperial Drive ends and the Lower Imperial Drive continues down to the River's edge and/or runs to the two other streets making up this Imperial Valley Edition. Neal Cook who owns a lot and does not have free access to it, says "I'm extremely disgruntled I am asked to call anyone to get onto Section I property deeded in my name."Commissioner Ron Davis admits "Yes, let me think. Hmmmm, the Chautauqua Foundation and Texas Canoe School are involved. Both took part" in the seizure of lots. But Texas 34.01 backs lot owners who hold that an illegal heist occurred or proves a fraudulent seizure caused their loss, may get their lot back and when that occurs, the heist artists can be prosecuted in accord with the law.
The record stands. Imperial Valley Neighborhood Association's (IVNA's) minutes show the members and Board of Directors state in essence as follows: "ALL property owners will have access to their properties and abide by deed restrictions." And, in no public IVNA meetings has a three fourth [3/4] vote reversed the property title covenant restrictions and NA approved minutes. Interestingly, these NA decisions were witnessed by Prairie View A&M University Cooperative Extension Program specialists working with the IVNA property owners. The A&M Program Specialists held, "We'd like to do research on your properties and to help you have a Park that all you taxpayers can use." The University offer reflects favorably on IVNA's intent.
So, why have new comers forced their way in, violated local rule, ignored State Law and denied aspirations of the Neighborhood Association dwellers? TravisCAD records confirm each deed transfer that has illegally (or legally) transpired. It appears "illegal scams resulted in poor land owners losing their properties via `clandestine land-heist methods' or foreclosures closely watched by the intruders." Moreover, it's strange that from 1972 forth no lot buyers were told at the point of sale that it is not feasible using Central Texas building methods for septic tanks installed or homes built (except on stilts) on these lots to survive since this river raises 40 to 55 feet. That's normal during heavier rains. Owners at Roy Guerroro Park who faced the same disaster had their investments fully reimbursed. Yes, between 1970 & 2010, no lot owner successfully built a home in this flood plain. Our Development Plan demands that steps be taken to prevent flood victimization and for TravisCAD to halt its part in fraudulent title changes and deals made with land grabbers.
Over the years the Association has lived by plans and ordinances in conformity with covenant deed restrictions in its development and planning undertakings. We believe "these are in keeping with the 1991 Texas Attorney General Opinion No. JC-0367 (April 13, 2001). Tex. Loc. Gov’ Code Ann. 4 232.041 (a) (Vernon 1999). An application to revise a plat is subject to approval by the Association and/or to the commissioners court." So far no incoming red tagable land owner has requested a revision of any of the 32 property title covenant restrictions nor IVNA decisions on file, nor has a vote been put forth to the IVNA having nearly 35 years of history in relations to this Edition in Section I or similarly on regards Section II covenant restrictions. See Id. 5 232.041(b); A&M University guests' notes; IVNA's minutes, plat survey maps, restrictions and TravisCAD title changes.
Vacant land remains undeveloped throughout the NA's jurisdiction. Large tracts are located on: FM 969 at FM 973; between Hwy 71 & 183 -/- FM 973 & (a straight line extending Decker Lane & 973) beyond the Airport past Burleson Road to one foot beyond Hays County line (across from the IVNA South IVNA); and from Travis Expo North to Hwy 290E. Imperial Valley Neighborhood Association seeks to set principled planning standards, not to make develop deals or mergers with incorporated burgs in Travis County.21 We opine planning and development of the County ought be done per Texas Constitution, Art 15 Sec 59; land use governed by Article 16 set forth in 1934 has not been reversed. So we hold legislative dialogues protect local control.
Note pages 9 and 10 shows how Austinites use undue force repeatedly sending intruder who creep eastward. Being mauled from these separate vantage points leaves the NA in despair.
We close this report asking the U.S. Senate Health Education, Labor and Pension Committee to ask the USDOJ Special Litigation Office and the FBI to use this NA's incidences to litigate non-compliances in Texas. By a long shot, all proofs have not been identified. Scamming, discrimination, bullying and elder abuse must cease. We plead for independent investigators and guidance on realizing equal rights and injunctive relief. Stop both bullying, goading and substandard chronically disabled homeless services 16 miles from the downtown business district which has given the hard boot, forcing those humans to be moved East into the Extra Territorial Jurisdiction (ETJ) of Travis County, Texas, causing racial gentrification22. This has led to costly injuries, pain and suffering. We plead for Austin's homeless to be cared for in its City limits, not in the County nor in residential subdivisions gasping for air like ours. We plead for humanitarian protections for dwellers not to be injured, nor to get their/our belongings stolen by homeless brought to this isolated County setting. We have asked the US Senate Committee to accept our input to the Texas Report on +/- 35,000 homeless and a higher number of people with disabilities in this State.
Lastly, our Community Strengthening Task Force pleads for a seat at the Table with the US Senate HELP Committee.
Indemnification:23 The Imperial Valley Neighborhood Association (NA) Community Strengthening Task Forces, enforcers, sub-dividers, their agents, employees, successors, and assigns shall be held harmless from all claims, damages, liabilities and losses arising out of or as a result of the planning, management, design, construction and/or installation of any aspect of the subdivisions in this Neighbor Association as provided for in this document.
Subscribed & Sworn To Under Oath before me – A Notary of Public 9/14/2013,
__/s/ Kenneth Koym 9/14/2013
Kenneth Koym, NA President, Certified Mediator, LMFT, Retired Military Research Scientist, Life Member American Psychological Association, 9704 Monarch Lane Austin TX 78724 Cel 512.828.9778
Notary Seal NOTARY OF PUBLIC IN & FOR THE STATE OF TEXAS
_/S/ Dolores B. Bedinghaus Date _9/14/13__
original of record
Community Strengthening Task Force: Jullian Deolloz, Sandra Brown, Janie Garcia, Mary Fabian, Cecilia Galvan, Kevin Huitron, Tony Federico, Steven Brown, Bony & Bryana Marrero, Linda Flores, Delores and Howard Blaylark, Luis & Gwen Shaw, Ardel Williams, Jose y Juanita Silva, Martha Stockton, Don Miguel Pastor, Esperanza Briones, Sandra Williams, Anibal "Luis" Alvarez Family, Will Taylor, Doris Williams, Jewel Medearis, Angie Bedford, Mrs. Stevens, Eric Bookman, Luis Martinez, Pete Gonzalez, Doris Jackson, Mildred Maxwell, Sr. & Sra. Frank Reyna, Jose & Juanita Herrera, Graciela Reyna, Jesus Moreno, Luis Martinez, Samuel Tinnon, Matt Rayson, Mozell Stephen, Rafael Briones, Linda/David Richard, Barbara Tutt, Cynthia Kidd, Janice Flint (Deceased), Matilde Carrione, Jose & Lupita Torres, Guadalupe Salinas Family, Rafael Briones Family, Henry Ramirez Family, the Trinidad Montoya family, Jose & Anna Mendoza; plus, we invite thousands living in/outside our jurisdiction to join Task Forces.
Austin fails to meet the community living promise of the Americans With Disabilities Act, 1) ignoring the Olmstead call and 2) unconstitutionally forcing homelessness to live in Travis County.
IMPERIAL VALLEY NEIGHBORHOOD ASSOCIATION (IVNA)
Tex Nonprofit Charter 400688401 Founded 5-31-77, Uphold Property Title Covenant Restrictions IRS 74-2935680 Surveyed June 1970
East Travis County Development Plan see http://dialoguemakers.org/ivnadevelopmentplan2.html
512.828.9778, firstname.lastname@example.org, Box 1156, Austin TX 78617 c/o 9704 Monarch Ln Austin TX 78724-5840
September 11, 2013/email update 9/14/13
Hon. Beth Stein -- Chief Investigations Counsel
Senate HELP Committee -- (202) 224-3254 F: 202.224.5128
c/o Honorable Tom Harkin, Senate HELP Committee Chair
731 Hart Office Building
Washington, D.C. 20510
Dear Ms. Stein:
Please accept our addendum to Texas's ADA community living promise requested by the Senate HELP Committee. Advise if you wish us to address questions, which were sent to the 50 States.
Per the Senator Harkin televised pleas behalf people with disabilities and whereas we studied HELP committee reports and legislation, we relate when our neighborhood association dwellers found ourselves bullied and hammered by unconstitutional plans to institutionalize the chronically disabled, we decided this report must be written. Our sparse population 16 miles from downtown Austin is the off loading locale for such humans to be sent. Down town business owners and high-rise dwellers turned up the heat on the homeless. Mobile Loaves and Fishes (MLF) stepped in as their fundraising kicks in as it has a decade or more. Our addendum attached comes from people who were injured by that abusive provider. Nearly 48 percent of our older Imperial Valley neighborhood are immigrants who still use their native languages. So me also being low paid and facing gentrification, alienation, intimidation, rejection, and feeling downright left out, causes our report to reflect insights probably not found in others, which the committee's received. And yes, because I have extended more than 70,000 pro bono volunteer hours, I a 74 year old, have lived 13.5 years in the trenches as found in the favelas and deep interiors of Brazil, Mexico, Guatemala, Belize and Taiwan.
When the Mobile Loaves and Fishes made its 20 dollar investment two blocks from my home, then sneeked thereon, I got railed up. Why? I like many who choose to live here, each know, that this is a food desert where there are no restaurants, no grocers, no jobs, no bus lines, no medical clinics and not even thriving churches. It's isolated. But we believed newcomers who'd arrive would want to live next to other permanent residents, comfortably apart from heavy traffic bottle necks, and where you could leave your doors open as no one would steal you blind. Rather, now we find ourselves encroached on by institutionalized chronically disabled homeless who will have no place to go, no job possibilities, no anything that has brought them to what they call, the end of the road. Ouch.
We missed you when we called late yesterday. Give our neighborhood association a chance to answer questions the HELP Committee sent across the USA in its 50-State inquiry regarding the Olmstead call behalf people with disabilities.
We believe our report gives the Committee a highly perceptive viewpoint on negative outcomes that arise in Texas. Here non-monitored providers are "free to do what they want to do with donated and taxpayer funds." We hold the donated funds come from the same social contract as taxpayer funds. Thereby, non-monitored programs like Mobile Loaves and Fishes must receive even greater never lesser monitoring than State program operators.
Share guidance our community strengthening task force may use to kindle fires as we dwellers gasp for air and try to make sense of city hall decision makers who back MLF as doing that will playcate voters who are asleep to solving people problems without wasting taxpayer dollars nor to controling for fraudulant waste.
Should the HELP Committee need field assessments done, give the undersigned who is the Director of Dialoguemakers.org a 501C3 a shot at such a contract. That Consortium can bring in whatever response data the HELP committe may desire.
Thanks for the hard work the Committee has done over the decades.
/s/ Kenneth Koym,
Kenneth Koym, President, LMFT, Certified Mediator, Retired Military Research Scientist, Life Member American Psychological Association 512.215.4798 /cel 512.828.9778
1 Though as early as 1880, Latinos had began to regularly celebrate the 16th of September festivities like the founding of Mexico on a Plaza at 5th Street and Guadalupe, they were unconstitutionally displaced and forcibly removed from the entire area Ceasar Chavez to 7th Streets between Congress and to East of today's I-35 via the City of Austin 1928 Master Plan. This Problem Assessment shows a socio-econo-cultural-psychological repeat of those segregationist horrors of yesteryears. This confirms a 2013 repeat, we believe to include powerful leaders in the Catholic Archdiocese. On maps of New Spain, Austin's 7th Street is said to have been the State boundary line between the State of Coahuila and the State of Chihuahua.
2 Months earlier Asutin's assistant city manager McDougall ordered the arrest of 82 out of 447 Occupy Austin friends feeding the homeless. The assistant city manager acted under orders from the City Council.
3 We believe far fewer filings exist on MLF's record over time only because the impoverished parties were both and due to one side being funded but not those pushed aside by counsel working with MLF but not behalf molested neighbors pushed aside.
4 Actually co-conspirators and collaborators Bury & Partners, Inc hold multiple City contracts that do jobs all over central Texas. They form shaddy schemata able to “outfit/accomodate the IVNA's defendants like MLF.” For instance, Bury & Partners, Inc holds a 48 inch water pipe contract connecting Colony Park to Indian Hills. What hip pocket fee was paid so City sewer/water hook ups occurred on the MLF acreage ahead of those living in the area since 1969. What procedure just happened to connect those sewer and water pipes and over what work order?
5 Guidance to help implement Olmstead. In 2011, DOJ issued guidance stating in part that a public entity’s plan for implementing Olmstead:
must have specific and reasonable timeframes and measurable goals for which the public entity may be held accountable, and there must be funding to support the plan, which may come from reallocating existing service dollars. The plan should include commitments for each group of persons who are unnecessarily segregated, such as individuals residing in facilities for individuals with developmental disabilities, psychiatric hospitals, nursing homes and board and care homes, or individuals spending their days in sheltered workshops or segregated day programs.
6 Using a tool(s) associated with www.tracker.mlf.org/. See www.consumer.gov/idtheft + IRS Form 14039 IdTheft Affidavit. A pro NA youTube.com public service notice demanding MLF accountabililty, posted on 8-22-13 was killed by tracker.mlf.org/ by 8-30-13. Though a routine big operator's survival tool, in this case, we hold it to be unconstitutional and heinious.
7 They have privileges with Caritas, Seton Catholic Hospitals and City-County Health-care Tax District board. Then 1115 waiver funds somehow just happen to be applied for by an “approved friendly collaborator” and extra coins regularly trickle in.
8 Serviced at locales scattered about “in various Austin RV Parks” where testimony shows crime histories reside; MLF says it has asked those clients to move to the gated HogEye RV Park.
9some of whom are scam artists
11 Finding and supporting businesses in their efforts to employ people with disabilities. Businesses are telling policymakers that they are willing to hire people with disabilities, but they need a long-term partner. Government must reorient its strategy from looking to businesses to solve a social service problem to instead understand and solve the challenges businesses face in identifying and recruiting skilled workers. Governors can encourage state agencies to find more such businesses by dedicating staff who have business expertise to work with employers, working with multiple businesses in a sector, and including small businesses. Governors can provide leadership in building long-term partnerships that support business with actions such as assigning one point of contact from the state to work with employers over the long term, providing skills assessment and training, and navigating the complexities of benefits related to workers with disabilities. See p 9, A Better Bottom Line: Employing People with Disabilities: A Blueprint for Governors. For more see Http://www.nga.org.
12 Whom the Texas Comptroller reports their tax number is 32035959678. Jeffrey R Serra is the sole partner of record. County Clerk transaction # 201213653 dated 8-14-12 shows JD Equity paid a total of $10.00 for 23.75 acres assessed value $68,282.00; and per transaction # 2012136191 dated 8-16-12 JD Equity paid a total of $10.00 for 3.18 acres. In Dec 2012 the Appraisal District said tax # 02104101060000 assessed value was $50,880.00.
13 This NA asks Dean Frederick Steiner of UT School of Architecture to take umbrage regards ths School's failure to respond to NA's request for help and more especially at the possibility it intended to snub the people who live in Imperial Valley, Woodland Hills and those who hang out between Colfax and HogEye Roads which cross Imperial Drive North.
14 Council lady Cheryl Cole's allegation on regards where the dollars originate, does not hold water. She said on Fox News, “Their funds for the homeless are not from tax payer sources....” Not so, except unless they have a Non-CONUS origin, as contributions come from taxpayers who elect to control where their dollars go. Non-affordability advocates of Austin tell us that viewpoint is killing Austin. Plus, there's a noose around gentrification proponents necks.
15 Amid its not infrequent sessions held to goad anxious residents to join its bonnet of supporters, Steven Brown father of five ask MLF's Graham “How can we hold you accountable? What will you do to assure our safety as you invade our CoA turf? Will or won't you help us remain secure?” Graham scratched his head and said according to Tony Fe, “I guess we could put up electronic surveillance, etc.” But we ask Rep Rodriguez and Senator Kirk Watson, “Did Congressional intent pretend in any way for people with disabilities to be moved 16 miles and lay the basis for a MLF scam, egging on gentrification even in East Travis County?”
16 Connecticut and Illinois passed Bill of Rights as had Rhode Island and Puerto Rico. Also contact National Homeless Coalition -- Michael Stoops, the Director of Community Organizing, at email@example.com or 202.462.4822 x234..
17 No concern arose after a NA query to Texas Interagency Council for the Homeless (TICH) Administrator of Housing Resource Center (512) 475-3975 naomi. Trejo@tdhca.state.tx.us http://www.tdhca.state.tx.us/tich/index.htm
18Budget line: Plan of Action and Core Principles of Codes of Conduct on Protection from Abuse and Exploitation in Humanitarian Crisis (English) http://www.humanitarianinfo.org/iasc/pageloader.aspx?page=content-products-products&sel=14 We demand protections and the support IASC's (Inter-Agency Standing Committee) Plan of Action puts forth. We seek to benefit of humanitarian assistance and to be assured of fair trade, and help which brings a stop to exploitations and abuse.
19 That glut lies across the Colorado from 1703 Spanish Land Grant Santiago Del Valle, Abstract 24. Tax 0307310207, Del Valle Texas has deeper roots than Stephen F. Austin. See http://vsalgs.org/stnemgenealogy/coah.html. The recent JP 1 court Case 22106 documents that public funds were drwan on to treat a concussion, which Mac Fields sustained when Leigh Anthony Recchia, a homeless man from New York State, knocked Fields to the ground with a 5.5 foot bamboo stick outside a Serna Family estate. Fields has a Western Africa – Canary Islands heritage. The beating by Recchia left Fields disabled 8+ months,
20 See letters to the US Attorney 816 N Congress Av, ATX 78701 and to US Attorney General Eric Holder. .
21 See Protective covenants, conditions and restrictions for the Imperial Valley Section II, Section I Subdivision and Land within Map 1195. Those are enforced by State LAw Property Title Covenant Restrictions under Texas Property Code § 202.004(b) or (c) and a related Section citing grounds for attorney fees to be paid by losers.
22 Gentrification is the process of renewal and rebuilding that accompanies the influx of middle-class or affluent people into deteriorating areas/communities, which often displaces lower income residents. When a person first thinks about, it doesn’t sound like it’s such a bad thing. Who wouldn’t want to renovate abandoned areas into something more useful and productive; Rebuild decaying, run-down communities and give them a more livelier and livable atmosphere? It all sounds pleasing, but the key word to why it is a social problem is in the definition- gentrification displaces lower income residents, who are disproportionally minorities such as women and people of color. Displacement in itself is a social problem that can be defined as a process whereby families and residents have their housing choices constrained by the actions of another social group. It is a form of modern day segregation.
23 All Officers, the Executive Committee and Official active Task Force members are indemnifued from suit regards any and all actions fulfilled as per IVNA rules and regulations and related indemnifications incorporated therein by reference.