Bigby Announces Governor’s Decision to Appeal Tauro Order and Close Fernald

September 12, 2007

BOSTON – Today, EOHHS Secretary JudyAnn Bigby, joined by EOHHS Assistant Secretary for Disability Policy Jean McGuire and DMR Commissioner Elin Howe, announced Governor Deval Patrick's decision to appeal US Judge Tauro's order, issued last month, that would have prevented the state from closing or consolidating the Fernald Developmental Center.

Secretary Bigby told a small crowd of stakeholder groups that if the Judge's order was not challenged, "it would not allow the state to serve people in the right way with the right resources."

Bigby said that with so many pressing needs, the state needed to invest where the best services are available, and that the community is the most appropriate place to allocate limited resources.

Bigby made clear the Administration's appeal was the first step in "moving towards the closure of Fernald."

Bigby said that all members of EOHHS would be working closely with the guardians of the Fernald residents to insure that peoples' preferences would be respected - and that moving to another of the state's other institutions would be an option.

When asked, Bigby stated the Administration had no plans to close any other institutions at this time.

Community advocates, including Leo Sarkissian, Ed Bielecki of M.A.S.S., Susan Nadworny of MFOC, Gary Blumenthal of ADDP and Michael Weekes from the Mass. Council of Human Service Providers, spoke and pledged to provide families of the Fernald residents information and counsel in making informed decisions about future placements.

Mary Lou Maloney said that "as someone who rode in the bus with Judge Tauro, touring the state schools back in 1979, I've seen this story evolve over time and want to extend my deep thanks to Governor Patrick for making such a difficult but necessary decision."

The Arc would like to extend its gratitude and deep admiration for not only the Governor's decision, but the deliberate manner in which he arrived at a very difficult decision.  The Governor did not shy away from listening to people on all sides of this controversial issue.  We applaud the Governor for soliciting and using advice from some of the most capable people in their profession, who he appointed to join his new Administration.  In the end the decision was his, but everyone in the disability community can feel good about the manner in which he arrived at it.

As Dan Shannon, Executive Director of the Massachusetts Developmental Disabilities Council aptly put it this afternoon:  "I've worked under more than a few Governors.  It's refreshing to serve one who today, demonstrated he truly cares enough about people with disabilities by engaging in a thoughtful inclusive process before making up his mind on this difficult policy decision."