
It's been a very long time since I've posted It would appear that someone is quite possibly listening. Presently, I'm working to bring awareness of the Constitutional rights violations that are all too common for people being petitioned, and held for COE/COT. The issues that, with help, I'm trying to bring to light are:
Pursuant the US Constitution and the US Bill of Rights specifically the 5th and 14th amendments and Federal law specifically the Americans with Disability Act and Section 504 of The Rehabilitation Act:
Individuals rights are preserved whether they are bound by Civil or Criminal laws and proceedings. Presently individuals being held pursuant to Civil commitment laws are not being afforded even the same due process as criminals.
The US Constitution, Bill of Rights, and 5th and 14th amendments ensure individuals are protected from government actions that infringe upon their rights and guaranteed equal treatment under the law. These individual right include protections against discrimination and guarantee the right to strict due process. This includes but is not limited to freedom from physical restraint, and an individual's ability to make personal choices. Everyone who's been civilly detained experiences these basic rights being violated. Everyday.
The 14th amendment protects an individual's Liberty by ensuring that no State can deprive individuals of their rights without due process. It requires that the law must apply uniformly and that the rights of an individual should be the same regardless of civil or criminal context.
The Fifth Amendment specifically protects an individual's Liberty by ensuring due process and equal protections under the Law.
Federal ADA laws prohibit discrimination against individuals with disabilities in areas including but not limited to public services, equal opportunity, and reasonable accommodation to ensure their participation in society. Individuals being held for psychiatric reasons are deemed to have a disability and therefore entitled to accommodation. Based upon my experiences, this right along with many others, are not being explained, offered and/or provided.
And Section 4 of The Rehabilitation Act protects against discrimination against individuals with disabilities by agencies receiving Federal funding.
We've got a lot of work to do here and I plan on facing this issue head on. Personal rights as outlined in our Constitution and as expanded upon in subsequent basic U.S. laws, are being blatantly violated. It's pretty simple and I refuse to get bogged down in any minuta that might be thrown at me to derail this cause.
Prayers would be awesome! Otherwise, wish me well on this endeavor and feel free to email me with any support, suggestions, or information you may have so as to further this fight to preserve the rights as outlined in the Constitution, Bill of Rights and Laws of our Land. montikaye@gmail.com
Monti