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Ronnie Falcao, LM MS, a homebirth midwife in Mountain View, CA

5/31/97 Update on New York Class Action Suit - Morning Session

This is another update (from the morning session) of the 5/31/97 meeting. It is a compilation of notes that you can browse.

Thanks goes to Karen Pardini for writing up her notes on Michael Sussman's lecture and sharing them.

Perspective:  Civil Rights
Reason:  Relation of State and citizens
  Fundamental intimate rights vs. the state (more powerful)
Ex:  Abortion in the '70's / views aspirations of individual and state
  (Doctors, ins. groups, midwives).
1.  Power vs. the powerless
2.  Personal liberty vs. state control  (right of privacy - 5th & 14th amend.)

Regulation of professions (not defrauding public) Key Problem: Midwifery is part of the regulation. (What is real is rational Circular logic of state regulation) The central problem is courts see the realm of regulation as a rubber stamp.

How does the regulation impact on the fundamental rt. of privacy? We're operating at the conjunction of deep issues and this is the heart of constitutional law.

Pressure has to be put on administrators and elected political leaders. They are wasting taxpayers dollars with these law suits against midwives.

Summary: We need a fact-based inquiry.
History: same as black struggle to gain equality. We need a turn. If a state can legislate a profession out of existence, they can legislate personal freedom out of existence.

We need citizen activity and legislative activity for the new case. Courts don't lead the way. Lawsuits (the issue) dramatize and educate the public on the issue. The states position is flimsy. Create a dialog, a lawsuit helps to do that.

MOVEMENTS SPREAD BECAUSE THE MESSAGE TRUTH OF THE MESSAGE IS UNIVERSAL.