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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (July 4, 2003)
He taped Schwartz in his home and daily routines, talking about his life as well as his choice to use physician aid-in-dying. “He was terrific right from the beginning," D’Antoni says. “He enjoyed making himself An activist chooses death with dignity a representative and advocate for this issue.” For nearly two years, D’Antoni com by M eg D aly piled more than 170 tapes of footage. He says OPB is now in discussions with nation al organizations about broadcasting the documentary within a year and a half. One agreed-upon component of the doc- umentary was taping Schwartz’s last day, adding an unusual element to an already somber occasion. “Robert gave his most pre cious gift, his privacy,” D’Antoni says. "He never pulled any punches with us. He had the cixirage to allow his decision-making prix;ess, torturous as it was, to he dixrument- ed. It was important to him that people understand that this isn’t a decision taken lightly or rashly." For Greg Eddie, one of more than 20 people gathered at Schwartz’s home May 3, the camera was not ohtmsive. Eddie had been matched with Schwartz as part of Cascade AIDS Project’s Personal Active Listener program. During the four years Eddie volunteered his practical and emo tional support, the two became friends. Robert Schwartz fought hard for the passage and preservation of Oregon’s Physician Aid-in-Dying "1 was in awe that Bob could continue law, which allowed him to end his life May 3 to fight," he says. “His ability to adapt to changing situations was amazing. He was a 18 years. As one of his doctors said, “Boh had every n May 3, surrounded by family thing in the book at one time or another,” referring j nruxJel of living in the present.” and friends, Robert Schwartz Others invited to attend Schwartz’s last day to the common opportunistic infections and health took his own life. He drank a included his parents, his brother, two cousins and glass of a barbiturate, followed it conditions that plague people with the disease. several friends as well as a number of caregivers Schwartz was, by all accounts, a long-term with a few sips of juice, put an who had known Schwartz through the years. arm around his companion, whispered "it’s survivor of HIV. He was also a longtime Eighmey was in attendance, as was a doctor affil activist— for AIDS research, for gay marriage going to be all right,” closed his eyes and slipped iated with Compassion in Dying of Oregon. rights, for Tri-Met accessibility, and, most into a coma. Within 30 minutes, he stopped Schwartz was someone who enjoyed doing recently, for physician aid-in-dying. breathing. He is one of only approximately 140 projects, and his last day was no exception. He “Robert had seen much death and suffering in Oregonians to end their lives using the state’s others,” says George Eighmey, executive director arranged a special ceremony to be conducted by Physician Aid-in-Dying law. the pastor of his church. He arranged for the of Compassion in Dying of Oregon, a nonprofit Schwartz was horn Jan. 21, 1951, in Brixik- film crew, the funeral home services and his line, Mass. The adopted son of Muriel and Frank organization that provides information and sup- Schwartz, he grew up in Los Angeles with his port to the terminally ill within the framework of memorial service. He even arranged for his brain and other organs the state’s Physician Aid-in-Dying law. Schwartz adopted brother, Peter. contacted Eighmey two years ago, expressing his to be donated to Oregon Health & Science Uni He became an emergency medical technician versity and other medical facilities for research. and worked in the L is Angeles area until becom interest in using the law, should the need arise. When Tom D’Antoni of Oregon Public Broad- i “He was an activist even after death,” Eddie says. ing disabled by HIV/AIDS. In the early 1990s he Not all friends were supportive of his choice casting contacted Eighmey about doing a diKumen- moved to Portland, bought a home and dedicat- to end his life, Schwartz told Eddie a few weeks ed himself to enjoying his favorite things in life: ! tary on physician aid-in-dying, Schwartz seemed like camping, gardening, spending time with friends a natural fit. “Robert had a passion for preserving the before his death. Eddie himself admits to having concerns early on in Schwartz’s discussion of and playing with his dog, Rachel, and cat, Greta. law," Eighmey says. “He also knew how to command using the Oregon law. “1 wasn’t sure it wits the an audience in a knowing, gentle way.” Known for his humor and no-nonsense loyal right time," he says. D’Antoni contacted Schwartz, who at first ty, Schwartz had always been committed to help- However, Eddie was able to offer his unfet ing jx'ople. One way he responded to being HIV- had some reservations about participating in the tered support this spring when Schwartz was positive was to redouble his efforts to care for oth- documentary. “What reassured him was that, in diagnosed with interstitial pneumonitis, the ers. He lost two companions to AIDS, Kith of addition to shixiting the process at end, it was same disease that had killed a close friend a just as important to me that we establish con- whom he supported through their final days. decade ago. Interstitial pneumonitis is an incur He h.xl been living with HIV/AIL)S for at least text for that action," the journalist says. S w eet S orrow able inflammation of the lungs that causes the patient to slowly suffocate to death. “He had seen what that illness did to his ffiend, and he didn’t want to suffer like that," Eddie says. “I drew strength from him because he was so sure of his choice.” Eighmey says that in his last two weeks Schwartz had “entered the dying room,” where the material world ceases to be of concern, and feelings of love and caring for others become pri mary. “There’s no doubt he was spiritually ready.” For Eddie, the experience of knowing Schwartz was inspirational. “1 hope I have as much dignity and grace when it’s my time to go," he says. "It feels gcxxi to know I have a choice at the end of life. Knowing that life is not just about avoiding pain and death, challenges me to own the rest of my years." Just before Schwartz closed his eyes for the final time May 3, D’Antoni assured him his dig nity would be preserved. "Robert,” he said, “we will do right by you.” J H MEG D aly is a Portland free-lance um ter O regon U pdate vs . A shcroft A three-judge panel of the Ninth Circuit Court of Appeals heard oral arguments May 7 in Oregon vs. Ashcroft, in which U.S. Attorney General John Ashcroft contends that Oregon’s Physician Aid-in-Dying law is a viola tion of the federal Controlled Substances Act. According to Oregon Death with Dignity, “the explicit language of the C SA , the case law which interprets it and the legislative record that supports it all make clear that the attorney general’s role is to regulate the manufacture, dis pensing and distribution to prevent illicit use, diversion and trafficking. Nothing contained in the C S A gives the attorney general authority over the practice of medicine within the indi vidual states.” Oregon Death with Dignity is the legal defense and public policy nonprofit that formed in 1993 to help pass and defend the state’s Physi cian Aid-in-Dying law. Ashcroft must persuade the court not only that his interpretation of the C S A is correct but also that it was the intent of Congress to alter the state/federal framework in this instance by permitting federal encroachment into state- regulated medical practice. A decision in Oregon vs. Ashcroft is expect ed in late summer, after which the losing side could appeal to the U.S. Supreme Court. Stay informed on the progress of the case online at www.dwd.org. —M D jn
