Andrew Batavia
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Andrew ("Drew") I. Batavia (June 15, 1957 – January 6, 2003) was a
disability rights activist A disability-rights activist or disability-rights advocate is someone who works towards the equality of people with disabilities. Such a person is generally considered a member of the disability-rights movement and/or the independent-living mo ...
, health policy researcher, author, and associate professor at
Florida International University Florida International University (FIU) is a public university, public research university with its main campus in Miami-Dade County. Founded in 1965, the school opened its doors to students in 1972. FIU has grown to become the third-largest uni ...
who, at the age of 16, sustained a spinal cord injury. He earned a JD from
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
and an MS in health services research from Stanford University Medical School, and as a White House Fellow (1990) worked under Attorney General Dick Thornburgh to draft regulations for the Americans with Disabilities Act. In 2002, he co-founded Autonomy, Inc., to represent persons with disabilities who wanted choices and control over their lives, including the choice to end it for those with disabilities who were terminally ill.


Early life

Batavia was born at Beth-El Hospital (now Brookdale) in Brooklyn and lived in the Italian-Jewish neighborhood of
Bensonhurst Bensonhurst is a residential neighborhood in the southwestern section of the New York City borough of Brooklyn. The neighborhood is bordered on the northwest by 14th Avenue, on the northeast by 60th Street, on the southeast by Avenue P and 22n ...
on 80th street until he was eight years old. In 1966, the family moved to
Yonkers, New York Yonkers () is a city in Westchester County, New York, United States. Developed along the Hudson River, it is the third most populous city in the state of New York, after New York City and Buffalo. The population of Yonkers was 211,569 as enu ...
, where he attended fourth grade at Public School 21. Later he attended Lincoln High School and in May 1973, at age 15, completed the
Yonkers Marathon The Yonkers Marathon, is a marathon race held annually in Yonkers, New York. Founded in 1907, it is the second oldest marathon in the United States, after the Boston Marathon. It is held on the third Sunday in October. In addition to the mar ...
.


Car accident and physical rehabilitation

In the summer of 1973, at age 16, Batavia was hired as a camp counselor for children with intellectual disabilities at Camp Lee Mar in Lackawaxen, Pennsylvania. On a day off from work in early August, he went to
Monticello Monticello ( ) was the primary plantation of Founding Father Thomas Jefferson, the third president of the United States, who began designing Monticello after inheriting land from his father at age 26. Located just outside Charlottesville, V ...
with two other counselors. At the end of the day, they hitchhiked back to camp. The car that picked them up crashed, and Batavia flew through the front windshield, breaking his neck. He was transported to Wayne County Memorial Hospital in
Honesdale, Pennsylvania Honesdale is a borough in and the county seat of Wayne County, Pennsylvania, United States. The borough's population was 4,458 at the time of the 2020 census. Honesdale is located northeast of Scranton in a rural area that provides many recr ...
, but after initial care, he was transferred in mid-August to Montefiore Medical Center in the
Bronx The Bronx () is a borough of New York City, coextensive with Bronx County, in the state of New York. It is south of Westchester County; north and east of the New York City borough of Manhattan, across the Harlem River; and north of the New Y ...
, where his spinal cord injury (at the C2-C3 level) could be better managed. In 1974, following his acute care at
Montefiore Montefiore, Montifiore, and Montefiori is a surname associated with the Montefiore family, Sephardi Jews who were diplomats and bankers all over Europe and who originated from the Iberian Peninsula, namely Spain and Portugal, and also France, Morocc ...
, he was admitted for physical rehabilitation to the
Rusk Institute of Rehabilitation Medicine Rusk Rehabilitation is the world's first and among the largest university-affiliated academic centers devoted entirely to inpatient/outpatient care, research, and training in rehabilitation medicine for both adults and pediatric patients. The sys ...
in the city of New York for almost a year. He was later discharged with a wheelchair to his home in
Yonkers, New York Yonkers () is a city in Westchester County, New York, United States. Developed along the Hudson River, it is the third most populous city in the state of New York, after New York City and Buffalo. The population of Yonkers was 211,569 as enu ...
, where he completed his senior year at Lincoln High School (1974–75), and was elected co-president of his senior class.


Higher education

On graduating high school, Batavia matriculated at the
University of California, Berkeley The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California) is a public land-grant research university in Berkeley, California. Established in 1868 as the University of California, it is the state's first land-grant u ...
, which had a program for disabled students. After one year, he transferred to Strawberry Creek College, a smaller division of the university, which offered a more personal educational experience. The following year he transferred to
UC Riverside The University of California, Riverside (UCR or UC Riverside) is a public university, public Land-grant university, land-grant research university in Riverside, California. It is one of the ten campuses of the University of California system. Th ...
, which offered a more wheelchair-accessible campus, and majored in both economics and sociology. After receiving a BS at
Riverside Riverside may refer to: Places Australia * Riverside, Tasmania, a suburb of Launceston, Tasmania Canada * Riverside (electoral district), in the Yukon * Riverside, Calgary, a neighbourhood in Alberta * Riverside, Manitoba, a former rural m ...
, Batavia attended
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
for two years. The following summer, he interned as an associate at the Wall Street firm
Fried, Frank, Harris, Shriver & Jacobson Fried, Frank, Harris, Shriver & Jacobson LLP (known as Fried Frank), is an international law firm headquartered in New York City. The firm also has offices in Washington, D.C., London, Frankfurt, and Brussels, and has more than 500 attorneys w ...
. After two years at
Harvard Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher le ...
, he took a leave to get an MS degree in health services research at
Stanford Medical School Stanford University School of Medicine is the medical school of Stanford University and is located in Stanford, California. It traces its roots to the Medical Department of the University of the Pacific, founded in San Francisco in 1858. This ...
(1980-1983), where he studied under
Victor Fuchs Victor Robert Fuchs (born January 31, 1924) is an American health economist. Career He is an emeritus professor at Stanford University. Since 1962, he has been a research associate at the National Bureau of Economic Research and is the co-direc ...
and Alain Enthoven. While at
Stanford Stanford University, officially Leland Stanford Junior University, is a private research university in Stanford, California. The campus occupies , among the largest in the United States, and enrolls over 17,000 students. Stanford is considere ...
, he joined and served as president of the Stanford Disabled Students to address disability policy issues at the campus. Batavia then completed his final year of law school at
Stanford Stanford University, officially Leland Stanford Junior University, is a private research university in Stanford, California. The campus occupies , among the largest in the United States, and enrolls over 17,000 students. Stanford is considere ...
(1983-1984) while still receiving his law degree (JD) from
Harvard Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher le ...
in 1984.


Initial career

Batavia's first job after law school was in the office of the general counsel at the
Department of Health and Human Services The United States Department of Health and Human Services (HHS) is a cabinet-level executive branch department of the U.S. federal government created to protect the health of all Americans and providing essential human services. Its motto is " ...
(HHS), where he promulgated regulations, reviewed proposals, and litigated. After two years working for HHS, he left and joined the National Rehabilitation Hospital (now Medstar) as associate director of health services research under Gerben Dejong in
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
(1987-1989). In 1986–87, he was funded as a Mary E. Switzer Research Fellow and started his career as a health policy researcher, publishing, together with Gerben, in the area of rehabilitation.


White House Fellowship

Batavia was one of twelve White House Fellows selected for the 1990–91 period. He served as special assistant to Attorney General
Richard Thornburgh Richard Lewis Thornburgh (July 16, 1932 – December 31, 2020) was an American lawyer, author, and Republican politician who served as the 41st governor of Pennsylvania from 1979 to 1987, and then as the United States attorney general fro ...
, writing regulations to effectuate the implementation of the
Americans with Disabilities Act The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964 ...
(ADA) of 1990.On The 26th Birthday Of The Americans With Disabilities Act, C&C Remembers Its Champion, Andrew Batavia. Compassion & Choices. July 26, 2016. https://www.compassionandchoices.org/on-the-26th-birthday-of-the-americans-with-disabilities-act-cc-remembers-its-champion-andrew-batavia/ . Accessed July 6, 2017.


Government and policy work

Following the WHF, Batavia accepted a position as senior staffer on the Domestic Policy Council in the White House (1991-1992), under President
George H. W. Bush George Herbert Walker BushSince around 2000, he has been usually called George H. W. Bush, Bush Senior, Bush 41 or Bush the Elder to distinguish him from his eldest son, George W. Bush, who served as the 43rd president from 2001 to 2009; pr ...
, where he wrote a proposal for national universal health care. In 1992, he served a year as research director for disability and rehabilitation policy at ABT Associates, Inc., in
Bethesda, Maryland Bethesda () is an unincorporated, census-designated place in southern Montgomery County, Maryland. It is located just northwest of Washington, D.C. It takes its name from a local church, the Bethesda Meeting House (1820, rebuilt 1849), which in ...
(1992-1993) and later, he served as executive director at the
National Council on Disability The National Council on Disability (NCD) is an advisory agency on disability policy in the United States for all levels of government and for private sector entities NCD is an independent agency of the United States government headquartered in ...
(1993). From 1993 to 1995, Batavia served as a legislative assistant to
Senator John McCain John Sidney McCain III (August 29, 1936 – August 25, 2018) was an American politician and United States Navy officer who served as a United States senator from Arizona from 1987 until his death in 2018. He previously served two terms ...
of Arizona, where he focused on domestic economic and health policy issues.Francis L, Slivers A. ''Americans with Disabilities.'' Routledge; 2015: 165.


''Miami Herald'' columnist

In 1992, Batavia and his longtime personal assistant, Cheryl Nicholson, were married at their home in Washington, D.C. In 1995, they moved to
Miami Beach Miami Beach is a coastal resort city in Miami-Dade County, Florida. It was incorporated on March 26, 1915. The municipality is located on natural and man-made barrier islands between the Atlantic Ocean and Biscayne Bay, the latter of which sep ...
, where Batavia wrote a column about disability issues for the ''Miami Herald''. They adopted a Russian brother and sister, Joe and Katey, in 1996.


Involvement in assisted-dying debate

While working as counsel at the law firm
McDermott Will & Emery McDermott Will & Emery is an international law firm with a diversified business practice. The firm is one of the largest grossing law firms in the US and globally, and its lawyers represent a wide range of commercial, industrial and financial e ...
from 1995 to 1997, he filed '' amicus'' briefs and served as the attorney of record to protect the rights of individuals who were terminally ill and who wished assistance to end their lives. Batavia served as co-counsel on the brief ''amici'' on behalf of Autonomy, Inc. in the Supreme Court of the United States case of '' Oregon v. Ashcroft'' in 2002, and in the appeal to the
Ninth Circuit Court of Appeals The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...
. He also served as attorney of record on the brief ''amici'' in '' Washington v. Glucksberg,'' and Vacco v. Quill before the U.S. Supreme Court in 1996, as well as on the brief ''amici'' for ''Krischer v. McIver'' in the
Supreme Court of Florida The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members: the chief justice and six justices. Six members are chosen from six districts around the state to foster geographic diversity, and one ...
in 1997.Sarat A. ''Special Issue Social Movements/Legal Possibilities.'' Emerald Group Publishing; 2011: 103


University teaching

Batavia joined
Florida International University Florida International University (FIU) is a public university, public research university with its main campus in Miami-Dade County. Founded in 1965, the school opened its doors to students in 1972. FIU has grown to become the third-largest uni ...
(FIU) in September 1997 as an associate professor of health care law and policy (1997-2002) in the School of Policy and Management, where his main office was located on North Miami's Biscayne campus. There, he continued to publish articles and the book ''Independent Living: A Viable Option for Long-Term Care'', which described three models of care for persons with disabilities.


Autonomy, Inc.

In 2002, he became president and cofounded with Hugh Gallagher, Autonomy, Inc., a not-for-profit organization to represent people with disabilities who wanted choices and control over their lives, including the choice to end it for persons with disabilities who were terminally ill.


Death

Batavia died at
Jackson Memorial Hospital Jackson Memorial Hospital (also known as "Jackson" or abbreviated "MJMH") is a non-profit, tertiary care hospital, the primary teaching hospital of the University of Miami's School of Medicine, and the largest hospital in the United States with 1 ...
in Florida, on January 6, 2003, from sepsis, at age 45. His memorial service was held a week later at Beth Israel Memorial Chapel in Delray Beach. He was awarded tenure and posthumously promoted to full professor in January 2003.


Memoirs

In 2015, fourteen chapters of Batavia's unfinished memoir were discovered on a hard drive. The family completed the memoir, which Batavia had titled ''Wisdom from a Chair''.Batavia AI, Batavia M. ''Wisdom from a Chair: Thirty Years of Quadriplegia.'' Bradenton, Florida: Booklocker.com; 2016 In the preface, Batavia wrote his life's mission:


References


External links

* The Americans with Disability Act Program 26 July 1991 US Department of Justice Dick Thornburgh Papers http://digital.library.pitt.edu/cgi-bin/t/thornburgh/dtVideoPlayer?id=dtv182 * Podcast "Of Wheelchairs and Managed Care" Health Affairs http://www.healthaffairs.org/podcasts/of-wheelchairs-and-managed-care-full-essay/ {{DEFAULTSORT:Batavia, Andrew 1957 births 2003 deaths Harvard Law School alumni Stanford University School of Medicine alumni Florida International University faculty 20th-century American lawyers University of California, Riverside alumni People associated with Fried, Frank, Harris, Shriver & Jacobson American disability rights activists