Sydney Simmons, Wake Forest University School of Law JD ’25
Prologue
In the silent depths of a moonlit night, Charlotte, North Carolina, held its breath as tragedy unfurled its cruel wings upon the Scott family. Mary Scott, a once vibrant mother with dreams cradled in her heart, found her world irrevocably shattered in the unforgiving embrace of a fateful collision.
At the tender age of thirty, Mary had already weathered the storms of motherhood and the aspirations of academic pursuit. Yet, fate’s capricious hand had to reveal its darkest machinations. Ruth, her cherubic two-year-old daughter, nestled innocently in the backseat, unaware of the looming specter of catastrophe.
Beside her, Edward, a stalwart figure of stability and provider for his family, harbored dreams of a future imbued with promise. His college degree in accounting, a testament to his dedication, was a beacon guiding the family toward a brighter tomorrow.
But as the clock struck eleven, the tranquility of the night was pierced by the screech of tires and the shattering of metal. Mary, behind the wheel, could only watch in horror as a drunk driver careened into their car, tearing through the fabric of their existence with callous abandon.
In an instant, Edward was taken from them, his presence extinguished in a heartbeat. The collision, like an evil force unleashed, left Ruth’s once lively limbs now imprisoned in the icy grip of paralysis.
The echoes of that fateful night would reverberate through the corridors of time, leaving Mary to navigate the shattered fragments of her existence with a heart heavy with grief and a soul burdened by the weight of loss. Yet, amidst the wreckage of their lives, a flicker of resilience emerged, a beacon of hope amidst the darkness, guiding them toward an uncertain future fraught with challenges yet tempered by the enduring strength of familial love.
A Year After the Crash
Mary could not believe it.
Mary put the phone down, staring at the papers scattered over the small kitchen table in the dimly lit room. Electricity, phone, and light bills surrounded her, reminding Mary of the weight on her shoulders that seemed to be getting progressively heavier as the seconds ticked by.
Crisis Control Ministries, her saving grace not four months ago, is a dead end today for Mary. The Ministry can only provide financial assistance once a year for each family.
It was May 1st.
Mary looked down at the bills for utility services billed for the end of April that had been on the table for over two weeks. She sighed. She would need to see if she could pick up a few more shifts at the hotel this week and maybe check in with the church to see if they would be willing to help. The SSI she and her daughter received each month was coming in in the next few days, but she knew that would not be enough to cover….
Mary picks up the glass of cold water, the ice clacking against the sides, to take a sip. She made a mental note to call the local church first thing in the morning before going to work. Mary used to be close with the church’s secretary and was hoping because of that, and since it had been a while since the last time she asked, the church might be more willing to assist. Unfortunately, Mary and Ruby had not been to service in quite a few months; with Ruby’s physical therapy, Mary’s extra shifts, and Mary’s pure exhaustion, the church had taken a back seat to the family’s hectic schedule.
Mary hated that.
The Scott family had been permanent fixtures of the church for over a decade when her husband was alive—attending church services, meetings, and activities two to three times a week as a family. Edward was a staple of the church leadership, rising through the ranks as a deacon and then an elder. Mary was even a part of the adult choir, and Ruby, bless her heart, was a part of the children’s choir as a tiny two-year-old. However, it became too much for Mary to attend service each week after a while consistently. The church members were angels when Edward passed, calling to check on her and Ruby, preparing home-cooked meals, and picking up the small family for church. But when Mary could not keep the two of them in the house Edward and Mary had bought a couple of years before Ruby was born, Mary started distancing herself from the loving community. She felt embarrassed and did not want to be pitied any more than she already pitied herself. Distance seemed the best solution now, but if Mary was honest with herself, her depression had only grown since the distance. Isolation was dangerous to a whirling mind, and Mary’s had a tornado.
The clock on the wall chimed at noon.
Mary had about four hours before leaving to pick up Ruby from physical therapy.
She loved and hated Mondays.
The hotel Mary worked at never had any Monday shifts available for her. Unfortunately, she was not full-time and had to be flexible enough to take Ruby to and from physical therapy and doctor’s appointments. It was rare for full-time employees to take off on Mondays so that Mary could get an extra shift.
Mary usually tried to look at the positive side, and she was able to spend more time with Ruby on Mondays. Mary enjoyed the quality time she could spend with Ruby, taking her to and from her physical therapy, or play therapy, as the rehabilitation center called it, instead of relying on her neighbor to take the five-year-old. The neighbor had been a Godsend when Mary and Ruby moved into the unit on the third floor a year earlier, watching Ruby when Mary was working and feeding the growing girl four to five days a week for lunch and sometimes dinner.
Mary greatly appreciated everything the woman did but hated how dependent she felt whenever she walked to the second-floor unit to pick up little Ruby late at night after returning from a long shift. Mary would knock on the neighbor’s door; the door would open with Ms. Jackson greeting Mary with a small smile gracing the woman’s world-weathered face. Ms. Jackson would lead Mary over to the sleeping child on the sofa. Mary would look at the dark circles and heavy bags of exhaustion surrounding the woman’s eyes, and Mary could see how she would look in only a few years, the weight of the world on her shoulders, with no view of relief on the horizon. Mary would pick up her daughter and carry her with her little pink backpack and walk up the flight of stairs to take her back to their unit, only to come back after laying her daughter on the girl’s small bed to gather Ruby’s wheelchair, trying and failing to give her neighbor five dollars for watching the young girl. It was a tradition between the neighbors, who knew they needed the money but were too proud not to continue with the pretense.
It occurred to Mary that, in a short while, it would be too much for the neighbor to be responsible for the young girl. Ruby was five and would be going to kindergarten in the coming months. As much as Ruby had tried to ignore it, she could not forget that her daughter was getting bigger and bigger; there would come a time, sometime soon, when Ruby would be too heavy to carry up the three flights of stairs to the top floor unit. The building the small family lived in was a three-story townhouse, renovated to house three occupants in each unit on each floor. Another mother and daughter lived on the first floor; the two mothers had gotten close over the year, giving each other breaks from the kids for an hour or two or even a night so the other mother could regroup. It was a great setup in many ways. Mary felt safe in the townhome with her daughter, and she felt strength in the women’s community that lived in the building.
But two flights of stairs would not be manageable in the future.1
The building was a renovated townhome, not an apartment building with the possibility of an elevator. The previous year had been a whirlwind of haste and grief. Mary did not have adequate time to consider if the family’s new living arrangement was wheelchair accessible.2 Mary needed to find a home for her and her daughter quickly or go to a shelter.3 The foreclosure on the house Mary and Edward had lived in for over a decade had come fast, but it had given Mary enough time to apply for a voucher.4Unfortunately, the voucher came fifteen days before the mother and daughter had to leave their home. Only by God’s grace could they find the townhome with a landlord that accepted vouchers.5
Mary and Ms. Jackson had managed over the past year, carrying Ruby up and down one or two flights of stairs with the wheelchair connected to the young girl’s bookbag. But that was not sustainable for either Mary or Ms. Jackson. Mary needed to start looking for a new place to live, preferably with an elevator or a first-story unit.
Mary had spoken to the landlord a couple of months ago to see if he could replace the steps with a ramp. The landlord was all for the ramp if Mary would pay for it.
That was a non-starter.
A deep wave of grief washed over Mary as she sat in her kitchen as the seconds ticked away on the old clock hanging above the wall across the room from her.
Mondays were the worst.
It was the only day she had no distractions, allowing the dark memories of that fateful night to overtake her mind.
Flashes of lightning and the boom of thunder haunted her mind. The crunch of the car, the shattering of the glass, and the scream she had let out still echo in her thoughts whenever it becomes too quiet, reminding her of an unforgettable night that changed the course of her, and her daughter’s lives.
Mary again wishes the procedure from Eternal Sunshine of the Spotless Mind was real to erase the memories of that night. What she would not do to erase the memories of seeing Edward’s disfigured body beside her after the drunk driver hit the family’s car full force on the passenger side. Mary’s throat seemed to hurt as if her body was experiencing the accident again. She had self-diagnosed herself with PTSD, foolish, she knows, but with all the doctor’s appointments her daughter went to through Medicaid, including therapy, Mary put her needs to the back seat.6
The back seat.
The car seat Ruby was in during the crash was supposed to protect the little girl. Mary and Edward spent hours learning to install and fasten the car seat before Ruby was born. Mary had spoken with a personal injury lawyer after the crash, and he claimed it might be a design or manufacturing defect that caused Ruby to have more injuries than would be predicted.7Mary still wanted to pursue the case; she still had time, but she wanted to get settled into a routine with Ruby before putting more on their shoulders.
Ruby’s nightmares had lessened over the past months, and sessions with the therapist had helped her. But it had not been easy for the young mother.
Mary shook her head, trying to clear the fog from her mind. Ruby and I are safe; Mary had to remind herself that is what matters.
Edward’s life insurance had allowed Mary to afford a beautiful funeral service and pay the medical bills after it had gone through the medical insurance.
The phone rang, interrupting her thoughts. With a sigh, she picked it up. “Hello?” Mary answered, her voice tinged with exhaustion.
“Hey, Mary. It is Sheryl,” Mary’s first-floor neighbor’s soft and hesitant voice came through the receiver.
“Hey Sher, how are you and little Miss Princess doing?” Mary’s tone brightened at the sound of the woman’s voice.
“We are doing well, thank you for asking,” Sheryl replied, her voice lacking its usual enthusiasm, tinged with anticipation. “Look, Mary, I was thinking…”
Mary’s heart skipped a beat, and she braced herself for whatever the other young mother was about to say. “What is it, Sheryl?”
“Well, you know how you brought up, how you and Ruby may have to find a new place to live? Somewhere with an elevator so it does not have to be carried up the stairs?” Sheryl’s voice was hopeful yet tinged with sympathy for the young family.
Mary’s heart sunk at Sheryl’s words. Mary had been hopeful that the phone call with her friend would take her mind away from her troubles. “Yes. What about it?”
“The little one and I will be moving out of our unit at the end of the month. Baby girl’s father and I will try again, so we are moving in with him. Co-parenting might be a little easier this way, too,” Sheryl explained, her voice growing more excited.
Mary felt a surge of hope rises within her at Sheryl’s words. Could this be their chance for a fresh start? “That sounds promising, Sheryl. Thank you for telling me. We’ll look into it.”
“Mary,” Sheryl continued, “I have already spoken with Will, the landlord, and he said if you want the unit, it is no problem if you switch. He wants to start looking for another tenant by tomorrow, so he wants an answer soon.”
Tears rose in Mary’s eyes as she listened to Sheryl’s words. “We will take it,” Mary responded immediately; she did not have to think about it.
“Oh good!” relief washed over Sheryl upon hearing Mary’s agreement. Sheryl adored the woman and her little Ruby and was thrilled to be able to do something for them.
After saying their goodbyes, Mary sat back in her chair, a sense of determination coursing through her veins. This could be their chance for a new beginning, leaving behind the past year’s hardships and embracing a brighter future.
With renewed hope and a plan set forth, Mary set to work, tackling the paperwork before her with newfound determination. As she looked out the window, the first rays of dawn peeked over the horizon, casting a warm glow over the room.
For the first time in a long while, Mary believed better days were ahead. With Ruby by her side, she knew they could face whatever challenges came their way together.
Short Note from Author
The narrative of Mary and Ruth encapsulates the poignant struggles and the resilient spirit of individuals grappling with the harsh realities of societal inequities. Their journey reflects the arbitrary nature of fate, where outcomes hinge precariously on chance rather than on principles of fairness and justice. Indeed, the circumstances faced by Mary and Ruth underscore the profound challenges encountered by those navigating life with physical or mental health issues in a society that often fails to support its most vulnerable members adequately.
Echoing the sentiments of Sam Seaborn from the acclaimed TV series, “The West Wing,” “[w]e does not need little changes, we need gigantic, monumental changes,”8 It becomes apparent that incremental changes alone are insufficient to address the systemic barriers that obstruct the path to inclusion and dignity for individuals like Mary and Ruth. What is needed are sweeping, transformative reforms that challenge the status quo and usher in a new era of equity and accessibility. However, amid the complex web of political dynamics and entrenched interests characterizing the current landscape, realizing such monumental change appears daunting, if not elusive.
Yet, despite the formidable obstacles, there remains a pressing imperative to chart a course toward progress and justice. As we confront the stark realities illuminated by Mary and Ruth’s story, it becomes increasingly evident that the status quo is untenable. It is incumbent upon us to collectively envision and pursue bold, visionary solutions that transcend partisan divides and prioritize the well-being and dignity of all members of society.
While the path forward may be uncertain, we must remain steadfast in our commitment to effecting meaningful change. By engaging in dialogue, advocacy, and collective action, we can forge a more compassionate and inclusive society where every individual’s inherent worth and dignity are acknowledged and fiercely protected.
As we embark on this journey toward a more just and equitable future, let us draw inspiration from the resilience of individuals like Mary and Ruth. Their stories serve as a poignant reminder of the urgent need to confront injustice and inequity head-on and to strive tirelessly toward a world where every person, regardless of their circumstances, can live with dignity, opportunity, and hope.
To learn more about the topic, please read Section 8, Housing and People with Disabilities.
Bibliography
29 U.S.C. §§ 621-634.
42 U.S.C. §§ 12101-12213.
42 U.S.C. § 3604.
Center on Budget and Policy Priorities, “Introduction to the Housing Voucher Program,” accessed April 1, 2024, https://www.cbpp.org/research/introduction-to-the-housing voucher-program.
Civil Rights Education and Enforcement Center, “Where the United States Stands on 10 International Human Rights Treaties,” accessed April 29, 2024, https://civilrights.org/edfund/resource/where-the-united-states-stands-on-10- international-human-rights-treaties/.
Exemptions to the Fair Housing Act,” Housing Equality Center of Pennsylvania, https://www.equalhousing.org/fair-housing-topics/exemptions-to-the-fair-housing act/.
“Extremely Low-Income Renters Face a Staggering Shortage of Affordable Homes, North Carolina’s Supply is Insufficient,” North Carolina Housing Coalition, https://nchousing.org/extremely-low-income-renters-face-a-staggering-shortage-of affordable-homes-north-carolinas-supply-is-insufficient/#:~:text=The%20report%20also%20reveals%20that,income%20household s%20in%20the%20state.
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National Council on Disability, Equality of Opportunity: The Making of the Americans with Disabilities Act (July 26, 1997, amended July 26, 2010).
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- Exemptions to the Fair Housing Act,” Housing Equality Center of Pennsylvania, https://www.equalhousing.org/fair housing-topics/exemptions-to-the-fair-housing-act/
Exemptions within the Fair Housing Act (FHA) compound these challenges. While the Fair Housing Act (FHA) generally applies to all housing, certain exemptions exist. For instance, the Fair Housing Act (FHA) does not extend to single-family homes rented or sold by private owners (without the use of a broker) who own no more than three such properties at a time, under specific conditions1and “a dwelling with four or fewer units, if the owner lives in one of the units.” While these exemptions might appear insignificant, research indicates that average landlords, including those who participate in Section 8 housing subsidy programs, own three or fewer single-family properties or apartments/condominiums with four or fewer units, which they also occupy. Given approximately three million households rent residences in Section 8 and 43 percent of households that participate in Section 8 have at least one disabled family member,” these exemptions might affect more people than is realized.1 Landlords of Section 8- approved units have the right to select their tenants using whatever criteria they wish. ↩︎ - OHCHR, Special Rapporteur on Adequate Housing, “Human Right to Adequate Housing,” accessed February 12th, 2024, https://www.ohchr.org/en/special-procedures/sr-housing/human-right-adequate-housing
The United Nations defines accessibility as, “[h]ousing is not adequate if the specific needs of disadvantaged and marginalized groups are not taken into account.” ↩︎ - U.S. Department of Housing and Urban Development (HUD), “Reasonable Accommodations and Modifications,” https://www.hud.gov/program_offices/fair_housing_equal_opp/reasonable_accommodations_and_modifications
The Department of Housing and Urban Development (HUD) defines reasonable accommodations as “[a] reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces, or to fulfill their program obligations.” As noted by the Department of Housing and Urban Development (HUD), the Americans with Disabilities Act (ADA) Title III Regulation 28 CFR Part 36, Section 36.307 defines modifications as, “[a] public accommodation shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations.” Section 8 Housing often involves a diverse range of housing units, from apartments to single family homes to multifamily homes, each with varying standards of habitability. The Fair Housing Act leaves room for interpretation and potential discrepancies in housing quality among Section 8 properties. This lack of clarity can result in substandard living conditions for some Section 8 tenants. ↩︎ - Center on Budget and Policy Priorities, “Introduction to the Housing Voucher Program,” accessed April 1, 2024, https://www.cbpp.org/research/introduction-to-the-housing-voucher-program.
The Housing Choice Voucher program, or Section 8 Housing, is the largest federal low-income housing assistance program. Section 8 Housing Choice Voucher (HCV) Program was enacted in 1974 during the Nixon-Ford administration.4 Families use vouchers to help pay the cost of renting housing. Vouchers are sometimes called “tenant-based” assistance since they allow tenants to live where they choose. Unlike the Project-Based Assistance Program where low-income residents live in government housing (projects), voucher recipients can live in apartments, townhomes, condominiums, and houses; vouchers depend on the landlord. The Housing Choice Voucher Program is administered by the Department of Housing and Urban Development (HUD). Currently, there are approximately 2,400 local, state, and regional housing agencies (public housing authorities or PHAS). These agencies are a combination of both independent and city, county, or state governments. Applicants who qualify and receive a voucher from their local PHA must find housing in the private market. In this case, a three-way contract is formed. Owners who receive Section 8 housing funds must first enter a Housing Assistance Payment Contract with the PHA and sign a lease with the tenant. The Housing Choice Voucher program allows low-income families to “[obtain] a decent place to live and [promote] economically mixed housing; assistance payments may be made concerning existing housing by the provisions of this section.” ↩︎ - 42 U.S.C. § 1437f ↩︎
- Children and Youth with Special Health Care Needs, (last visited March 6, 2021)
https://www.ncdhhs.gov/divisions/child-and-family-well-being/whole-child-health-section/best-practices/children-
and-youth-special-health-care-needs. ↩︎ - Common Types of Child Car Accident Injuries, Stracci Law Group,
https://www.straccilaw.com/blog/common-types-of-child-car-accident-
injuries#:~:text=Spinal%20Injuries%20and%20Disability,are%20the%20most%20common%20victims. ↩︎ - “Six Meeting before Lunch,” The West Wing, https://www.imdb.com/title/tt0745677/quotes/?item=qt0299745 ↩︎
Awaken 