To govern is to choose. One choice that every government must make is how to treat those members of the society who, through no flaw of character or judgment, need the assistance of the remainder of society. Throughout much of history, many societies discarded or placed out of sight (in institutions) people who were mentally retarded, autistic or had other developmental disabilities.
Thirty five hears ago, the people of California faced a choice. They could continue to discard such persons or they could decide, as a society, to help them.
Under the leadership of an actor turned politician, Ronald Reagan, the people of California opted for the more humane course. They passed and Governor Reagan signed the Lanterman Mental Retardation Services Act. That act, along with its amendments gave rights to the mentally retarded, autistics and others. The act provides, in part, as follows:
The State of California accepts a responsibility for persons with developmental disabilities and an obligation to them which it must discharge…In order for the state to carry out many of its responsibilities as established in this division, the state shall contract with appropriate agencies to provide fixed points of contact in the community for persons with developmental disabilities and their families, to the end that such persons may have access to the facilities and services best suited to them throughout their lifetime. It is the intent of this division that the network of regional centers for persons with developmental disabilities and their families be accessible to every family in need of regional center services.
the right to treatment and habilitation services that meet individual developmental needs, such services to be provided in the least restrictive setting;the right to live as normal, productive and independent a life as possible;
the right to be provided a full measure of dignity, privacy and humane care; and
the right to participate in an appropriate, publicly-supported educational program.
California had chosen and it had chosen to opt for humanity and decency. It had chosen to be on the side of the angels.
Thirty five years later, California again faces a choice. Once again it has a Governor who is an actor turned politician. Once again, the issue is the treatment of the autistics, the mentally retarded and other developmentally disabled people.
Two events have forced that choice to be revisited. First, California faces a fiscal crisis. Secondly, the number of autistic kids in California has risen dramatically over the past decade. With the increase in the incidence of autism, the cost to California of it decision to provide assistance to the developmentally disabled has also risen.
Governor Schwarzenegger campaigned on the promise to protect the children of California. As Joan Ryan has written:
Gov. Arnold Schwarzenegger promised to be the protector of children. He launched his political career, brief as it still is, on an initiative for after-school programs. During the campaign, he chastised then-Gov. Gray Davis for failing to enroll more low-income children in the state's health insurance program. Taking care of children was his one consistent message.
Gov. Arnold Schwarzenegger's proposal to cap services for the disabled has critics charging that California would be abandoning a 35-year-old promise to its most vulnerable residents and supporters arguing that the cash-strapped state can no longer provide help to all.As part of his proposal to trim $3.8 billion from this and next year's budgets, Schwarzenegger has proposed suspending the Lanterman Act, which was signed into law by Gov. Ronald Reagan, a Schwarzenegger hero.
"It was the first move to provide services in a community setting," said Marty Omoto, legislative director of the California Coalition of United Cerebral Palsy Associations. "Prior to that, the only services were provided through state hospitals."
If the act is suspended, instead of providing care to all people with disabilities who ask for it, the state could cap enrollment at 21 regional centers that serve 190,000 people with autism, cerebral palsy, mental retardation and other disabilities. Waiting lists would be established for services at the centers, operated by the Department of Developmental Services.
It is true that California has a budget crisis. It is also true that the increase in the incidence of autism and other factors have increased the costs of the regional centers from $600 million in 1998 to $1.7 billion this year.
Politics is at its core a social activity. Autistics and mentally retarded individuals are often not very good at social activities. It is hard for them to be effective politically. Perhaps cutting spending on programs for the developmentally disabled is more expedient that cutting services for those more able to complain and more able to inflict political pain on the Governor. Perhaps cutting funding for the developmentally disabled is savvier politics than raising taxes. Governor Schwarzenegger obviously thinks so. He has made his choice and by that choice he shall be judged.
The question is whether the people of California will follow his lead. Thirty five years ago, Californians proved themselves to be among the most caring, humane and decent people in the country. They were willing to pay the price to help the least fortunate among them. They were then willing to choose to be on the side of the angels.
The only remaining question is whether that has changed in the last thirty five years.