Misleading Information from Montana's Attorney General Office, Disability Leaders to Gather in Helena, the Rhyme of Disability History, & Vote No on HB 395
We Will Not Tolerate Montana Attorney General Austin Knudsen’s Intolerance
LIVE PRESS CONFERENCE MONDAY FEBRUARY 24, 2025
1:00PM AT 1022 CHESTNUT STREET, HELENA, MT
Attorney General Austin Knudsen is a named plaintiff* on an active lawsuit that seeks to abolish Section 504 of the Rehabilitation Act of 1973, a law over 50 years old that prohibits discrimination against individuals with disabilities in programs and activities that receive federal financial assistance.
To make the position of Montanans with disabilities clear, this Monday a joint press conference will be held with all four of Montana’s Centers for Independent Living, The National Federation of the Blind of Montana, Disability Rights Montana, and other disability advocates from around our state. Our message? Montanans with disabilities want Attorney General Knudsen to remove himself from this lawsuit and refocus his energy to serving Montanans, of which over 25% have a disability.
Mr. Knudsen, does over a quarter of your state really not matter to you? Montanans with disabilities are veterans, attorneys, teachers, medical professionals, students, family, and friends. They are born here, they contribute to our communities, fight for our country, plow our roads, build our economy, they raise grandchildren here and Montana is their home.
The Rhymes of History: A Poem to Protect Section 504
By Opal Besaw
To those that say the past is past
To those that say we're living in brand new times
I'll caution you: History doesn't repeat itself
But it very often rhymes
You are a kindergartner
With a very bright future ahead of you
You like school
So much that you want to become a teacher
But one day, you are physically barred from entering the building
How do you feel?
Disappointed, outraged, downtrodden, and confused
Your 5 year old self does not know those words
But you do know it makes you feel sick
When the principal calls you a fire hazard
You are a young businessman
Proud to be earning a living and contributing to your society
You are proud of your corner office
And your handsome paycheck
Every day you have to crawl up 83 stairs on your hands and knees
To reach that corner office and earn that handsome paycheck
How do you feel?
Humiliated, exhausted, sore and angry
But you still go to work
Because your job feels important
How do you feel when you learn that these stories are true?
Disgusted, sickened, ambivalent, unbothered, or confused
How do you feel when you learn that the protagonists
Are members of the largest minority in the world…
People with disabilities
Does your opinion change?
How do you feel now?
What will you do?
Will you fight?
Throughout history people with disabilities have fought every day
Living through times when our mere existence was resistance
And then, in 1973, there came a glimmer of hope, called Section 504
A single sentence
Which told us our oppression was illegal
But such sentences can be tricky
And the truth can turn into lies
They say an unjust law is no law at all
The same is true of a righteous law which goes unenforced
For four years our people waited to be shown that we mattered
And then we said we would wait no more
And there came a kind of peace
And there came a kind of unity
When 200 people of all races, abilities, religions and sexualities
Entered a federal building
And did not come out for 26 days
And there came a different kind of hope
Not one built of false promises
Burning bright and fading like the tail of a comet
But one built of power and advocacy
For advocacy is an eternal flame,
Just when you think the light has died
There is always a small spark
A spark that kept them going as they signed out the window
Asking for supplies and support
A spark that kept them going as they woke up to check for bed sores
From too many nights of having slept on the floor
A spark that kept them going as the hunger strike entered its 23rd day
Because this cause was more important than food
A spark that kept them going as they sat in the back of a darkened moving van
On their way to Washington DC
And sang Amazing Grace with one united voice
A spark that kept them going as they sat in a hearing
And with quaking voices made the following demand,
“We want the law enforced. We want no more segregation. We will accept no more discussion of segregation.”
A spark that ignited into a joyous blaze
On April 28th, 1977
When they secured the rights of people with disabilities
For generations to come
Nearly 50 years later we continue carrying the torch of those original 200 activists
But there are those who wish to douse the light of 504
Because it is too brilliant
So once again we gather
Because now is the time
To get involved, to join the fight
To stop history's terrible rhyme
Vote No on HB395: Protect the Right to Vote for Montanans with Disabilities
By Christa Gabriel, DRMT Director of Public Policy
The right to vote is a cornerstone of our democracy. Montana’s Constitution underscores this principle, declaring that “[a]ll elections shall be free and open, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.” Mont. Const. Art. II, § 13. The Montana Supreme Court has repeatedly recognized that this right is “clear, explicit, unequivocal,” and has been fiercely protected “since before statehood.”
Despite these strong constitutional safeguards, House Bill 395 (HB395) attempts to limit the voting rights of people with disabilities, especially those receiving care at Montana's state-run psychiatric institution, Montana State Hospital (MSH), by effectively redefining MSH as a “penal institution” and drastically expanding the scope of what it means to be of “unsound mind.” This change undercuts Montana’s tradition of broad and open voting access, as originally intended by the delegates who drafted our 1972 Constitution. Here’s why Montanans should stand against HB395:
Turning a Hospital into a Prison
The Montana Constitution withholds voting rights only from those “serving a sentence for a felony in a penal institution.” By contrast, MSH is—by statute—an inpatient mental health facility, not a penal institution. Yet HB395 removes language that explicitly states a correctional institution “is not a mental health facility,” thereby attempting to treat MSH as a prison. This flies in the face of the Constitution’s clear intent to restrict voting rights only for those actually incarcerated in prison.
Broad, Unworkable “Unsound Mind” Definition
HB395 adds a definition of “unsound mind” so expansive that it threatens to ensnare many people with disabilities—not just current MSH patients. Under this bill, anyone deemed “incapable of normally managing affairs in a reasonable manner” may lose the right to vote, even if their situation involves a non-criminal civil commitment, a combat-related impairment rating for veterans, eligibility for Developmental Disability Services, or early-stage Alzheimer’s or dementia. HB395’s vague criteria risk sweeping far too many Montanans into disenfranchisement.
HB395 is an overreaction to an already pending lawsuit. Passing it would likely trigger yet another costly court battle and could generate many more lawsuits against county election officials who cancel citizens votes or registrations under this bill.
No Path to Restore Voting Rights
Under current law and the Montana Constitution, patients at the Montana State Hospital do not automatically lose their right to vote. But HB395 fails to provide any mechanism for non-MSH patients who lose the right to vote under its broad definition of “unsound mind” to get their right to vote back or even challenge the determination that they are “of unsound mind.” These Montanans would have no clear legal route to reestablish their voting eligibility—contrary to both the Montana Constitution and basic fairness. The law places the burden on voters to hire a lawyer to secure their right to vote in court.
Exposing Taxpayers to More Lawsuits
HB395 is an overreaction to an already pending lawsuit. Passing it would likely trigger yet another costly court battle and could generate many more lawsuits against county election officials who cancel citizens votes or registrations under this bill. The Montana Constitution and its delegates’ clear statements in 1972 would guide courts to strike down attempts at sweeping disenfranchisement. Instead of saddling taxpayers with more litigation, the Legislature should allow the current legal process to unfold before attempting to craft legislative reforms.
Upholding Constitutional Promises
The Montana Constitution provides that “[p]ersons committed to . . . institutions shall retain all rights except those necessarily suspended as a condition of commitment.” Mont. Const. Art. XII, § 3(2). This includes the right to vote. Additionally, the Constitution’s framers aimed for an inclusive democracy—“to ensure that as many people as possible vote for the people who represent them.” HB395 stands in clear conflict with these guiding principles and requirements.
By voting No on HB395, Montanans will safeguard the fundamental right to vote for people with disabilities and uphold the spirit of our state’s Constitution. Let’s protect our most cherished democratic right and ensure Montana’s elections remain free, open, and reflective of all our citizens’ voices.
Message House Committee Members and tell them to VOTE NO on HB 395 during Third Reading
Messaging Option 1 - Phone
Like making phone calls? You can call the Legislative Information Desk, and they can take a message for individual legislators and deliver them on your behalf. Call 406-444-4800.
Messaging Option 2 - Online
Have internet access but don’t know how to send a message to a legislator online? Watch this video to learn how to engage with your elected official on this issue.
Let’s Stay Connected, grab a Coffee, and Change the World
Thank you for taking the time to read our newsletter. We hope these updates empower you to stay informed, engaged, and active toward actualizing true inclusion of people with disabilities. Please share this newsletter with friends, colleagues, and anyone else interested in disability justice and living beyond compliance.
Let’s keep pushing for a more inclusive and equitable Montana—together!
For questions, comments, or to get involved, just reply to this email or visit our website: disabilityrightsmt.org.
Me ka mahalo,
Kona Franks-Ongoy
Director of Communications
Disability Rights Montana
Corrections
*Austen Knudsen is not the named plaintiff in the suit. The state of Montana is the named plaintiff. Knudsen represents the state of Montana in his official capacity as the Attorney General.