Pgh Lesbian Correspondents

‘No Kings’ Means ‘Yes, Due Process’ Right? Local government in Allegheny County might not agree.

I think it is important you know that Allegheny County and UPMC are denying they have certain due process obligations in the involuntary civil commitment process. Allegheny County government is denying that they have certain due process obligations. Scroll to the bottom to read the actual state code.

The day after the Primary Election when everyone is calculating and figuring and assessing what our government will look like come, November – this seems like a good day to discuss County Government.

Due process is how we get to ‘no kings’ right? It is the bulwark that protects our civil rights. Stripping people of their due process rights – is that what you want from your County government? Granted, they simply deny I have/had certain due process rights in this 302 process so they can’t take them away. In spite of what the law says.

Who does that sound like?

I’m not even going to get into the fact that I was homeless for six months. No one from Allegheny County helped me with that. But we are supposed to believe that the proposed Assisted Outpatient Treatment (AOT) programs that rest on involuntary commitment and housing, will protect due process?

If a white middle class cisgender woman with a bit of a high profile has no due process protections, should we really think AOT ‘participants’ will be treated well and their rights respected? Maybe if Allegheny County took responsibility for violating my due process rights instead of pretending they don’t exist … but that’s not going to happen in any court proceedings. Protect the coffers!

It would be possible that if they acted in good faith, they’d be able to demonstrate the capacity to manage the AOT program fairly. But there’s no good faith.

Stop saying the violation of due process could happen to anyone. It does. It happened to me and my recourse is an uphill slog.

Due process, mental health, civil rights, homelessness. These were all tenets in County Chief Executive Sara Innamorato’s campaign. Back in the day. Why has she abandoned me on all these matters? Every day she has the chance to do the right thing by all of us living with mental illness. I may lose my case, but I’ll never stop advocating for neighbors who are vulnerable to these experiences.

Go read the public documents on the federal docket to see for yourself. Search for the case using my name – Susan Kerr.

I am going to need a bigger boat, my friends. By boat, I mean money. I can’t possibly fund two different cases, especially appellant cases on my own.

Where do I turn to raise another $5,000? That feels impossible, but if we don’t want kings in Allegheny County or at UPMC …

We want domestic partnerships to be standing strong if marriage equality comes before this Supreme Court.

For the record, my GoFundMe has been vetted by all of my lawyers and GoFundMe itself. I did my due diligence when I set it up because I work with a lot of crowdfunds.

Donate to my legal expense fund if you are able

• GoFundMe
• Venmo @ Pghlesbian
• Paypal.me/Pghlesbian
• Ca$hApp Pghlesbian
• Zelle sitnscoop@gmail.com

I struggle to realize it’s been almost two years of lawyers and legalities. Never in a million lifetimes was this my next chapter.

To be honest, it is full time work managing the legalities, getting on my feet, therapy, and trying not to let fear have the wheel.

In Family Court, we are waiting for a hearing date to consider the question of domestic partnerships and marriage. I have both briefs and they aren’t privileged if you’d like to read them.

Once that decision is made, we’ll probably end up in appeals at Superior Court because so much is riding on this for everyone and its a potential impact case. That appeal process could take another full year.

That hearing date will likely be in the fall. This will involve witnesses and expert testimony, etc.

In my Federal case, the motions to dismiss from UPMC and Allegheny County were upheld so we’ve already filed an appeal with the Third Circuit Court on that ruling. All of those motions and responses are available through the Federal docket.

If we lose that appeal, we appeal higher. There can be no capitulation on ANY due process case, nor on the civil rights of disabled persons. I can’t not try. I may lose, but how do I say “No Kings” but also “No Due Process?”

I do understand that yes, the terrible violations people experience right now could be us. It WAS me. I was fortunate enough to have enough privilege to lessen the blow, but if there’s no due process – what’s to stop any of us from being involuntarily committed without cause? And then what?

Hopefully, we’ll get a chance to explore those legal questions before Allegheny County implements they implement the Assisted Outpatient Treatment (AOT) programs.

There’s more, but this is long.

I’m generally okay. The pet food pantry project is good. I’m working with GLAAD and HRC and Trans Violence News on a small new effort to improve research around anti-trans violence. I reached 50k followers on Instagram which is a fun little milestone.

No Kings Means Yes, Due Process

This is from the Pennsylvania Mental Health Procedures Act. I am only claiming some of these due proceess requirements were abrogated, not all. But you should see the full context

“(c) Notification of Rights at Emergency Examination.–Upon arrival at the facility, the person shall be informed of the reasons for emergency examination and of his right to communicate immediately with others. He shall be given reasonable use of the telephone. He shall be requested to furnish the names of parties whom he may want notified of his custody and kept informed of his status. The county administrator or the director of the facility shall:

(1) give notice to such parties of the whereabouts and status of the person, how and when he may be contacted and visited, and how they may obtain information concerning him while he is in inpatient treatment; and

(2) take reasonable steps to assure that while the person is detained, the health and safety needs of any of his dependents are met, and that his personal property and the premises he occupies are secure.”

Here’s the URL to the law itself https://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1976/0/0143..HTM