
Brenda Chaney is a nursing assistant who works at an Indiana nursing home. One of the patients fell on the floor and Chaney went to help her. It turned out that Chaney was not allowed to help the woman up, primarily because she'd left instructions stating that only white aid workers should be able to work with her.
Chaney took the matter to court, and the court ruled that her civil rights had been violated by allowing these kinds of restrictions to exist within the health care system.
This set of peculiar rules were driven by a movement toward patients' rights that began two decades ago. During this period, patients were given more options in choosing the manner by which they are provided care, including being allowed to choose who takes care of them. Unfortunately, lawmakers never considered that some might restrict care on the basis of race.
"When people write laws, they don't think about these types of things very much," said Dennis Frick, an attorney with Indiana Legal Services' Senior Law Project, told the Associated Press.
According to Steve Maag, director of Assisted Living and Continuing Care at the American Association of Homes and Services for the Aging, the issue of race and patient rights comes up all over the United States. This divergence is part of what seems to be a perpetual contradiction between American liberties and racial/gender equality.
When I hear about this story, I am reminded of the words of Rand Paul, Tea Party leader and Republican candidate for the United States Senate. Paul is a Libertarian, a party that professes to have a fundamental belief in an American's right to choose how they live and what they do.
Their platform is more complicated than what I describe here, but Libertarians effectively oppose government intervention in almost any form. Paul even suggested reconsidering the Civil Rights Act of 1964, primarily because he feels it's a business owner's right to choose who they allow in to their establishment.
While it might seem outlandish that Paul would oppose the Civil Rights Act (well, portions of it), I don't believe that such opposition is driven uniquely by racial animus. Instead, it appears to be driven by a neglect of the importance of equality in our society, in exchange for the pursuit of unadulterated individual freedom.
Such beliefs held by Rand Paul, as well as those who feel a patient can exclude black care providers, come from those who seem to feel that America has a right to be the same country it was before people of color were given respect.
So, while there are some who might oppose the restrictions of patients' rights by disallowing them to discriminate based on race, we must realize that this is the nation we've created: By focusing so deeply on racial inequality for the past 400 years, we are now forced to endure a situation where some liberties must be restricted in order for us to rebalance the nation that has been undermined by racism. The idea of everyone doing what they want is not good for our country, especially if we want to restore some semblance of racial tolerance.
Dr. Boyce Watkins is the founder of the Your Black World Coalition and a Scholarship in Action resident of the Institute for Black Public Policy. To have Dr. Boyce's commentary delivered to your e-mail, please click here. 

Comments: (63)
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By: Marcus on 8/24/2010 10:20AM
So let me see, Ms. Chaney works and I assume lives in Indiana, Rand Paul lives and works in Kentucky? Perhaps the REAL RACIST here is Boyce Watkins. Sad when democrats don't get their way they cry racism.
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By: wanda on 8/25/2010 9:09AM
Marcus, one day we all are gonna have to stand before a just and righteous GOD and give an account of everything we have said, done ,and even thought---whether good or evil.And one thing is certain--racism will not be your saving grace! Repent while you yet have a chance! And in spite of your racism,I PRAY FOR YOU.
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By: Human on 8/25/2010 10:43AM
How dear you. You sound stupid just tike the old lady that fell on her A.. No one and I mean no one should even go through that. That racist remark is old. You need to go up. When you go to places like that the only people you see working there is black. So why would anyone whow is racist go their to live. You sound like a little boy with a small mind grow up and be a man.
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By: Michele on 8/25/2010 12:00PM
OK, Marcus,I don't think that Dr. Boyce is racist. Let's look at this with an open mind. Most of the Tea Party members would like to see us go back to the pre-Civil Rights Movement where minorities could be denied a decent education, wage and home. At this very moment, people don't just dislike the Obama family because of the politics but because a Black man is in charge. They want them to be put back in their place. They are millionaires. Isn't that beautiful. There are many African-Americans who are very well educated and are in the middle class. We all don't live in the hood and speak ebonics. My point is, if people want to hold on to their prejudices that is fine. We all have our own prejudices. Everyone of every color and race have a set of prejudices we have to get over. If someone doesn't want to be around me than fine but if you have a public establishment, like a store or eating establishment, then that is where the problem is. Money is green. If my money is green than my brown skin shouldn't matter. All I or anyone else wants is to be treated with respect. I don't have to live with you to respect you. It comes down to us needing to understand each others differences and make some changes for the better. The sad part is as I have told my former students, "It's not about the color of your skin but the color of the money you do or do not have that will matter." It is all about class now. It is the have and have nots. My friend race has nothing to do with it. The other sad thing is that we have allowed our leaders to aid the large companies to send our manufacturing and customer services jobs overseas for lower wage earners. Those jobs will never come back. The problem is becoming money not color. We are all in the same boat. If you don't have a decent education, good skill or craft, you can forget it. That is food for thought.
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By: Rene on 8/25/2010 1:45PM
The point is the teabaggers want this country to return back like it was when no minorities had any rights. Do you know what kind of chaos would occur if this were to happen! The teabaggers want this stupidity for the "whole" country so what reference were you making because this woman lives in Indiana, and Rand Paul lives in Kentucky. It won't happen becuase you will have another civil war and we'll just kill up each other, because that's what the teabaggers want a country in chaos, and only for whites, and blacks to stay in their "place".....it won't happen.
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By: maris on 8/25/2010 1:27PM
I would have left the racist ole biotch right on the floor. Perhaps by the time a white person got there they would have had to bring the medical examiner with them as well.
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By: kheru on 8/25/2010 3:26PM
oh please shut up.
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By: kheru on 8/25/2010 3:26PM
So let me get this straight. She GOES TO COURT to beg for the RIGHT to help people who DON'T WANT HER HELP? You have got to be kidding. We are really a confused people. Would she rather help that thing only to have her spit in her face after? And that’s what’s going to happen. Every fight doesn't need to be fought. Was she being paid for how many people her touched everyday? Why do we want to be where we are not wanted? This is an inferiority complex issue the nurse is having. Our feeling of inferiority say s that we can't make our own thing; black people practice racism when they believe that they are better and better off if they serve and are accepted by whites, rather than use our time, efforts, talents, and love to do for our own and make ourselves live. It may be racism for that white thing to want only whites--if she hates blacks--but it is not racism to realize that you should not chase after people who don't want you and use the energy on yourself rather than go to court over it. I am ashamed of this nurse and any of us who think this is what we should be doing with our time.
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By: Okay on 8/25/2010 4:44PM
What point are you trying (unsuccessfully) to make? Just because Kentucky and Indiana are different places, therefore, Rand Paul's opinion shouldn't matter because the article is discussing a case in Indiana? He's running for senate and maybe president. Therefore, his opinion matters. Personally I think she should have just left the old lady on the ground, with enough pain, maybe she would scream out for help sooner or later.
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By: Greg D. on 8/25/2010 6:39PM
Marcus,
Just in case your not just pretending to be that stupid, let me break it down to you:
The parallel between
Rand Paul and Mrs. Cheney is not in location. It's in concept. Unbridled Libertarianism could/would incite even more opportunities for racial discrimination. In what way does Dr. Watkins comments make him the racist? How do whites arrive at this new conclusion that blacks who point out racism from whites against blacks are "really" the racists? There is and never has been any logic to this new tactic.
There has been no established history of black bigotry against whites resulting in racism (which is a verb along with discrimination) adversely affecting them as a group. White racism against blacks and other minorities is and has been more dangerous since blacks and others don't have a long and established history of being the dominant culture in America. In addition to the dominance whites have enjoyed numerically, they do have a history of exploitation, racism and discrimination resulting from their bigotry and greed. There is no escaping these facts. However, if you truly ARE that stupid, I've just wasted my time and all this is way over your head!
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