Professional Documents
Culture Documents
In a free society, the activities and conduct a person may engage in are expansive
and sweeping while the limits on what people can do are confined to a narrow and finite
set of written proscriptions deemed necessary to protect the rights of others. It is not
generally things we are allowed to do that are classified, but rather things that are
prohibited that must be definite and carefully set forth in ordinances, statutes and
regulations. For example, there is not a law that permits people to use eyeglasses. While
some eyeglasses can be purchased for reading purposes without restriction, some require
a prescription from a qualified optometrist or ophthalmologist. For prescription
eyeglasses, when proper recommendation by a qualified doctor has been obtained, the
conditions imposed by the law are satisfied and the rules restricting or prohibiting use
become inapplicable.
When there is nothing prohibiting eyeglass use by a person either because there
was no restriction in the first place or when conditions restricting use are satisfied, no law
granting a right to use eyeglasses is necessary. Instead, use is determined by personal
choice or necessity. Just as no law is necessary to grant a right to use eyeglasses, no law is
required to give a person the right to use a wheelchair, knee brace or hearing aid.
However, when use of a wheelchair or eyeglasses is no longer optional but rather becomes
necessary to mitigate the impact of an impairment that limits a major life activity, use of
the mitigating thing by a person suffering from an impairment becomes protected by
disability law. Both state and federal law protect an impaired person's right to use,
possess and access whatever thing (e.g. eyeglasses, medication, wheelchairs, knee braces,
etc.) that operates to mitigate or conect a physical or mental impairment. It is the
disability laws - not the law governing the mitigating device, medication or aid - that
protect the right to use, access and possess the things used by people with disabilities to
mitigate conditions or symptoms from which they suffer. Once conditions required to
satisfy restrictions or limits specific to a mitigating device, medication or aid are met, a
disabled person is protected by law from discrimination related to their use of the that
mitigating device, medication or aid.
Just as wheelchairs or eyeglasses can reduce the effects of impairment for certain
disabled individuals, so can medication for those suffering from drug dependency. For
people who previously abused opiate drugs, Medication-Assisted Treatment (" MAT") is
often used to mitigate or reverse the debilitating effects of addiction. Unfortunately,
people who use MAT to recover from addiction are frequently subjected to improper and
illegal discrimination just as so many people who suffer from physical and mental
disabilities are and have been in the past. In its pamphlet titled Rights for Individuals on
"Individuals in MAT often face discrimination despite laws that plainly prohibit it.
This discrimination is largely due to lack of knowledge about MAT's value,
effectiveness and safety, and a lack of knowledge about the anti-discrimination
laws that protect people in MAT. Discrimination is also common because people
in MAT frequently do not have the tools necessary to educate employers,
landlords, courts, and others about MAT and relevant legal protections."
It continues, "The non-discrimination laws ... protect individuals with a 'disability" and
many people in MAT programs are individuals suffering from a disability. While most
disabled individuals participating in MAT are protected against discrimination, those who
are currently engaged in the illegal use of a drug are not.
Like prescription eyeglasses, the drugs methadone, buprenorphine or oral
naltrexone that are used in MAT programs are restricted by law. When a doctor
prescribes one or more of the MAT drugs for a person, no right is granted to use the drug
but rather the restriction prohibiting the drug's use becomes inapplicable. If a disabled
person uses the drug to mitigate or correct their drug dependency impairment, the person
is protected by disability anti-discrimination laws which operate to prevent local or state
laws that treat entities that provide for disabled individuals adversely. Whether
mitigation for a disabled person is a pair of eyeglasses or a drug prescribed by a doctor,
when the conditions restricting use of the thing used to mitigate (i.e. eyeglasses,
wheelchair, drug, etc.) are satisfied, the disability anti-discrimination laws protect against
discrimination.
It continues:
Matthew Pappas is a civil rights attorney based in Long Beach, CaHfornia. He can be contacted via
email at: matt.pappas@mattpappas)aw.com or by telephone at (949) 382-1485.