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2018 Candidate Answers

Daniel Lutz,

(Mt.) Jefferson District/Circuit 2

Disability Rights

1.       What initiatives would you undertake to ensure the protection of the Civil Rights of West Virginians with disabilities?


There is so much which must be undone from the last forty years of erosion of Civil Rights and Civil Liberties in America. Please recall that in Congress, this for Americans as well as West Virginians. Now to answer your question:

Adequately staff the US Justice Department so that such cases may be investigated in a timely manner. This includes, but is not restricted to, the US CIVIL RIGHTS COMMISSION.

Overturn recent legislation which eliminates jury trials (9th Amendment) plaintiffs who choose to act in Class Action Lawsuits. My opponent voted for these bills.

Repeal Section 14b of the Taft Hartley Act of 1947. If it is legitimate to organize capital into corporations, it is just as legitimate to organize labor into unions for the same efficiencies.


2.       How will you ensure West Virginia state entities and businesses are in compliance with the American with Disabilities Act to prevent discrimination against West Virginians with disabilities?

       I will work to assure funding is adequate at the Federal Level to enforce the Americans with Disabilities Act. A U S Representative has no enforcement power to use in such cases.


3.       Title II of the Americans with Disabilities Act covers all activities of State and Local Governments. The Act states that:

•         No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.

•         A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities. (a provision upheld by the Olmstead Decision of the US Supreme Court)

•         A public entity that employs 50 or more persons shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to it alleging its noncompliance with this part or alleging any actions that would be prohibited by this part.

How can West Virginia best uphold the Olmstead US Supreme Court decision and comply with the most integrated setting provision in Title II of the Act?

      As a U S Representative, I will do my best to assure that the funding is available to assure compliance and to assist paying for such compliance. As above, a U S Representative can do no more.



4.       Do you support Medicaid Expansion under the Affordable Care Act in West Virginia? Why?

       I support expanding MEDICARE to cover ALL Americans, modelled after the Veterans' Administration System (without the bottlenecks). I have plan for paying for this expansion that does not raise taxes on small businesses, Social Security, or wage earners. Under this system, programs such as SNAP, CHiPs, Senior Services, Housing, School Nutrition, services for the disabled, et al. will be covered and paid for. That list is not exhaustive. Please understand that if ALL AMERICANS are covered by the above single payer National Health Care System, MEDICAID, etc. will not be needed. Hence a huge savings to the US Treasury and the states.


5.       Do you support funding the Medicaid Waivers sufficiently to eliminate the waiting lists and make them accessible to those who need them? Why?

    Only as a stop gap measure. From QUESTION 4, my program will eliminate MEDICAID by making no discrimination of services concerning the patient's ability to pay.


Community Services

6.       What strategies will you use to ensure every West Virginian with a disability has access to a Center for Independent Living?

       My national Health Care program will eliminate the duplication of services so that all AMERICANS (West Virginians) may get the services they need. Eliminating duplication of services is one way to make Government at all levels more efficient and responsive. Allowing all persons to remain in familiar surroundings as long as they reasonably and safely may do so is sound medical practice.


7.       How will you maximize West Virginia’s access to federal funding to improve and sustain services and supports for people with disabilities?

     As above, Question 1, that is my job as a U S Representative. My National Health Care System will serve the disabled as well. Being disabled does not mean being second class.


8.       How will you ensure FEMA funding received by West Virginia is used to meet the specific needs of survivors with disabilities following a disaster?

       As a U S Representative, I can vote to appropriate the funds for agencies such as FEMA, and I can put in the enabling legislation to direct the money where it is intended to go. Among the things I cannot do is create the state and local frameworks and budgets to send such assistance "the last mile," to the persons in need. I can do nothing about situations in which State Emergency Services people buy useless Computer Servers with federal funds. I can do nothing about nepotism in which an Emergency Services Director hires his son as a Deputy Administrator.



9.       Transportation in West Virginia, especially in rural areas is a problem for anyone who doesn’t own a vehicle. However, due to the lack of accessible transportation it is an even bigger issue for people with disabilities. Transportation is critical to the ability of an individual to work, live, and fully participate in his/her community.

What will you do to improve access to transportation statewide for all West Virginians, including people with disabilities?

I am beginning to sound like the (archaic term!!!) proverbial broken record with this same answer. I can vote to appropriate the money to expand Regional Transit Systems such as EPTA. This will take time. I cannot physically put the handicapped accessible motor coaches on the roads and streets. Again, that is "the last mile," to be implemented by local officials. I can advocate and vote for the regulations to assure efficient expenditure of these funds.



10.   A. How will you make sure all schools are aware of and access all transition services available for youth with disabilities?

       One of my platform planks is to make American education WORLD CLASS by 2025, and eliminate dependence of schools upon property taxes for funding. I have mechanism to pay for this huge improvement. WORLD CLASS includes everyone, the disabled as well as the firm. Again, I can introduce, support, and vote for this legislation, but I cannot cover "the last mile." As Minnie Pearl once said "You can lead a horse to water, but if you can get him to backstroke, you've done something!!!!!"


B. How will you enforce existing laws ensuring access to a Free and Appropriate Public Education for all youth with disabilities and ensure local school systems understand and comply with their responsibilities?

     As U S Representative, I have no enforcement power. I can write the legislation to make people wish they had complied with such standards, and I can vote for it. The rest is why they say "All politics is local."


11. How will you ensure the existence of post-secondary education/training, services, and supports that facilitate all youth with disabilities becoming working, productive citizens?

     Reference my plan to make American Education WORLD CLASS by 2025. Post-secondary, vocational, professional training must be available to ALL who want it, not just the abled bodied.


12. Although the Individuals with Disabilities Education Act (IDEA) has been federal law since 1975, many students with disabilities are still segregated, bused to a single school in the county, or otherwise excluded from the education in the “least restrictive environment” provision of IDEA. The integration of students with disabilities into general education classrooms and activities with typical students has been shown to increase acceptance, expectations, and inclusion and to reduce fear, misunderstanding, and bullying. What steps will you take to increase integration of all students with disabilities in schools throughout West Virginia?

        Again, that is enforcement, and as a US Representative, I can only draft the legislation and work to pass it. The legislation can include sanctions upon those who refuse to comply. Enforcement is for the Executive Officials. Again, "the Last Mile."



13.   71.3% of working age West Virginians with disabilities are not in the workforce. What steps will you take to change that? How will you ensure all working West Virginians with disabilities are paid at least minimum wage and eliminate sub-minimum wage?

Few people like what I have to say on this topic. West Virginia is an unfortunate bell whether among the American states. Not only the disabled, but about 45% of our population does not work at a job for ALL reasons. (Not only Disability). The other states are about to discover what we in West Virginia already know. The time is upon us when there will not be a job available for everyone who wants one.

What I am about to propose will depend heavily upon enforcement, which as a U S Representative, I cannot do.

I advocate a technology/new systems/new processes fee of 25% of the gross profits companies generate by replacing human labor with electronic/machine labor. This money will provide a guaranteed annual income for those who cannot work for whatever the reason. Human needs do not stop simply because the person cannot work.

I fear that the $15 proposed minimum wage is a Trojan Horse. The higher minimum wage rates are intended to hasten mechanization, automation, and artificial intelligence.

My Technology Fee will be resisted, but I believe it is better than the insurrection which will follow millions of people without income going hungry.


I have been as open and truthful as I am able. I would rather tell you the truth about what I can do than promise what I know I cannot deliver.

Jefferson District/Circuit 2
Jefferson District/Circuit 2

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