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It is hard to believe that someone who uses a wheelchair himself would be

fighting to get rid of accessability. Please take the time to read this. I

think we should really express our opinions on this.

Abbott stories

Disability act lawsuit sparks dissent

Some legislators say they'll ask attorney general to change his position on

the law

By Ball

Austin American-Statesman

January 10, 2004

State legislators say they want Texas Attorney General Greg Abbott to stop

his office's efforts to strike down part of the Americans with Disabilities

Act.

Last month, Abbott came under fire for arguing that Title II of the law, the

section that requires public entities to provide equal access to buildings

and services, is unconstitutional. Advocates for people with disabilities

said they expected more from Abbott, who has used a wheelchair since a 1984

accident.

Now several Texas legislators say they want to meet with Abbott to ask him

to change his position on the law.

" I think very highly of him personally, but he's wrong about this, " said

state Rep. Elliott Naishtat, D-Austin.

Abbott said he's doing exactly what he was elected to do.

" Personally, there is not a stronger supporter of the ADA than I, " Abbott

said. " Personally, there may not be a person who needs public buildings to

be accessible more than I. . . . As the attorney general, I have the legal

obligation to defend the State of Texas when it is sued in court. "

The debate stems from a lawsuit mired in federal court.

In 2002, two advocacy groups sued the state, claiming that Texas is

violating the Americans with Disabilities Act by not providing help to

enough people with mental retardation and developmental disabilities.

Abbott's lawyers defended the state, in part, by claiming that the law is

unconstitutional.

If Abbott wins in court, Texas no longer will have to follow the federal law

that requires states to provide equal access to buildings and services. That

includes making buildings accessible to people with disabilities, providing

sign language interpreters and providing Braille ballots.

Critics call Abbott's stance hypocritical because he has personally

benefited from the disabilities act. On Friday, more than 40 people gathered

near the Texas Supreme Court building, holding signs and chanting, " ADA

today, ADA tomorrow, ADA forever. " Naishtat attended the rally.

" People are very, very angry about this, " said Bob Kafka, an organizer for

the advocacy group ADAPT who uses a wheelchair. " This hurts real people. "

Abbott said his disability has nothing to do with the way he does his job.

" That's offensive, " he said. " They think that just because I'm in a

wheelchair, I should ignore the law and come down on their side. "

Rally organizers said they'll fight to preserve Title II. Advocates are

planning e-mail, telephone and letter writing campaigns. They also said they

might stage protests during Abbott's public appearances.

Legislators said Abbott's office should pursue other legal options.

" To think we are regressing in how we treat each other, our brothers and

sisters, is just outrageous, " said state Sen. Gonzalo Barrientos, D-Austin.

Texas is among a number of states challenging the constitutionality of the

law. On Tuesday, the U.S. Supreme Court will hear arguments in Tennessee v.

Lane, which also centers on whether Title II is consti- tutional.

aball@...; 912-2506

Disabled Texans deserve better from their state officials- [Opinion]

Elliott Naishtat- SPECIAL TO THE AMERICAN-STATESMAN

Austin American-Statesman

Friday, January 9, 2004

Just when we thought Texas could do no worse in its treatment of our most

vulnerable citizens, Texas Attorney General Greg Abbott proves us wrong. In

an attempt to preclude the state from having to provide services to people

with disabilities -- services they are entitled to under the Americans With

Disabilities Act (ADA) -- Abbott is claiming the ADA is unconstitutional and

that states cannot be required to comply with it.

Signed into law in 1990 by the first President Bush, the ADA prohibits

discrimination based on a person's disability. Considered the most

comprehensive legislation for people with disabilities ever passed in this

country, the ADA lays a foundation of equality for disabled people and

extends to them civil rights similar to those made available on the basis of

race, sex, color, national origin and religion through the Civil Rights Act

of 1964. Accordingly, the ADA prohibits discrimination on the basis of

disability in private sector employment, state and local government

activities, and public accommodations and services.

Title II of the ADA stipulates that " no qualified individual with a

disability shall, by reason of such disability, be excluded from

participation in or be denied the benefits of the services, programs or

activities of a public entity. " This is the section of the act that our

attorney general seeks to overturn.

Texans should be appalled at the lengths our state's top legal defender will

go to keep the state from having to provide to people with disabilities

access to services in compliance with this federal law.

Abbott took this stance in response to a class-action lawsuit filed in 2002

on behalf of more than 25,000 individuals with disabilities who have been

languishing, many for years, on waiting lists to receive home or

community-based services. The class action alleges that the state violates

the ADA by not adequately funding services to people with disabilities,

resulting in many of these individuals being forced to live in institutional

settings, often against their will and best interests. If Abbott has his

way, the state will no longer be required to comprehensively address the

needs of the disability community.

This year, facing a $10 billion shortfall and in the name of " no new taxes, "

the Texas Legislature passed a budget with deep cuts to programs serving

children, the elderly and people with disabilities. Budget cuts and policy

decisions that were made guarantee that fewer people in need will receive

crucial health and human services, and waiting lists will continue to grow.

Now Abbott wants to go one step further and take away civil rights

protections that were signed into law at the largest bill signing ceremony

ever held on the White House lawn. Abbott's approach of shirking the state's

responsibility to provide access to services for all citizens is not only

wrong, it sends a strong message to individuals with disabilities: You do

not deserve the same rights as everyone else. I do not believe this is the

message most Texans like to hear.

What is perplexing is that Abbott is not challenging the part of the ADA

that bars discrimination by private interests. In other words, Abbott agrees

that private entities should continue to be required by law to provide

access to individuals with disabilities, but public entities, including

state and local governments, should not. Since when are civil rights

protections important in relation to the private sector, but not the public

sector? Abbott's response: The office of the attorney general is trying to

protect the state's interests, namely, its limited financial resources. Once

again, the issue is state money, or the lack thereof.

If Abbott prevails in his attempt to exclude state governments from having

to comply with Title II of the ADA, areas other than waiting lists for

people with disabilities in need of home and community-based services could

be impacted. For example, Title II could no longer be used to force

modifications of governmental buildings and facilities so that they are

accessible to people with disabilities. But for the ADA, how many public

schools, university classrooms and laboratories, public restrooms,

libraries, museums, city halls, buses, trains, courthouses and capitols

would still be inaccessible to disabled people?

Rather than facing up to the state's responsibility to provide access to

people with disabilities per federal law, rather than striving to generate

new revenues to help cover the costs, our leadership seeks to dismantle the

very legislation that mandates the above. The attorney general's action is a

blatant attempt to reinstate discrimination as yet another way to avoid the

state's obligation to provide services to its most vulnerable members.

Texans should be embarrassed that one of our statewide elected leaders would

do this.

Naishtat, a Democrat, represents Austin.

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Share on other sites

It is hard to believe that someone who uses a wheelchair himself would be

fighting to get rid of accessability. Please take the time to read this. I

think we should really express our opinions on this.

Abbott stories

Disability act lawsuit sparks dissent

Some legislators say they'll ask attorney general to change his position on

the law

By Ball

Austin American-Statesman

January 10, 2004

State legislators say they want Texas Attorney General Greg Abbott to stop

his office's efforts to strike down part of the Americans with Disabilities

Act.

Last month, Abbott came under fire for arguing that Title II of the law, the

section that requires public entities to provide equal access to buildings

and services, is unconstitutional. Advocates for people with disabilities

said they expected more from Abbott, who has used a wheelchair since a 1984

accident.

Now several Texas legislators say they want to meet with Abbott to ask him

to change his position on the law.

" I think very highly of him personally, but he's wrong about this, " said

state Rep. Elliott Naishtat, D-Austin.

Abbott said he's doing exactly what he was elected to do.

" Personally, there is not a stronger supporter of the ADA than I, " Abbott

said. " Personally, there may not be a person who needs public buildings to

be accessible more than I. . . . As the attorney general, I have the legal

obligation to defend the State of Texas when it is sued in court. "

The debate stems from a lawsuit mired in federal court.

In 2002, two advocacy groups sued the state, claiming that Texas is

violating the Americans with Disabilities Act by not providing help to

enough people with mental retardation and developmental disabilities.

Abbott's lawyers defended the state, in part, by claiming that the law is

unconstitutional.

If Abbott wins in court, Texas no longer will have to follow the federal law

that requires states to provide equal access to buildings and services. That

includes making buildings accessible to people with disabilities, providing

sign language interpreters and providing Braille ballots.

Critics call Abbott's stance hypocritical because he has personally

benefited from the disabilities act. On Friday, more than 40 people gathered

near the Texas Supreme Court building, holding signs and chanting, " ADA

today, ADA tomorrow, ADA forever. " Naishtat attended the rally.

" People are very, very angry about this, " said Bob Kafka, an organizer for

the advocacy group ADAPT who uses a wheelchair. " This hurts real people. "

Abbott said his disability has nothing to do with the way he does his job.

" That's offensive, " he said. " They think that just because I'm in a

wheelchair, I should ignore the law and come down on their side. "

Rally organizers said they'll fight to preserve Title II. Advocates are

planning e-mail, telephone and letter writing campaigns. They also said they

might stage protests during Abbott's public appearances.

Legislators said Abbott's office should pursue other legal options.

" To think we are regressing in how we treat each other, our brothers and

sisters, is just outrageous, " said state Sen. Gonzalo Barrientos, D-Austin.

Texas is among a number of states challenging the constitutionality of the

law. On Tuesday, the U.S. Supreme Court will hear arguments in Tennessee v.

Lane, which also centers on whether Title II is consti- tutional.

aball@...; 912-2506

Disabled Texans deserve better from their state officials- [Opinion]

Elliott Naishtat- SPECIAL TO THE AMERICAN-STATESMAN

Austin American-Statesman

Friday, January 9, 2004

Just when we thought Texas could do no worse in its treatment of our most

vulnerable citizens, Texas Attorney General Greg Abbott proves us wrong. In

an attempt to preclude the state from having to provide services to people

with disabilities -- services they are entitled to under the Americans With

Disabilities Act (ADA) -- Abbott is claiming the ADA is unconstitutional and

that states cannot be required to comply with it.

Signed into law in 1990 by the first President Bush, the ADA prohibits

discrimination based on a person's disability. Considered the most

comprehensive legislation for people with disabilities ever passed in this

country, the ADA lays a foundation of equality for disabled people and

extends to them civil rights similar to those made available on the basis of

race, sex, color, national origin and religion through the Civil Rights Act

of 1964. Accordingly, the ADA prohibits discrimination on the basis of

disability in private sector employment, state and local government

activities, and public accommodations and services.

Title II of the ADA stipulates that " no qualified individual with a

disability shall, by reason of such disability, be excluded from

participation in or be denied the benefits of the services, programs or

activities of a public entity. " This is the section of the act that our

attorney general seeks to overturn.

Texans should be appalled at the lengths our state's top legal defender will

go to keep the state from having to provide to people with disabilities

access to services in compliance with this federal law.

Abbott took this stance in response to a class-action lawsuit filed in 2002

on behalf of more than 25,000 individuals with disabilities who have been

languishing, many for years, on waiting lists to receive home or

community-based services. The class action alleges that the state violates

the ADA by not adequately funding services to people with disabilities,

resulting in many of these individuals being forced to live in institutional

settings, often against their will and best interests. If Abbott has his

way, the state will no longer be required to comprehensively address the

needs of the disability community.

This year, facing a $10 billion shortfall and in the name of " no new taxes, "

the Texas Legislature passed a budget with deep cuts to programs serving

children, the elderly and people with disabilities. Budget cuts and policy

decisions that were made guarantee that fewer people in need will receive

crucial health and human services, and waiting lists will continue to grow.

Now Abbott wants to go one step further and take away civil rights

protections that were signed into law at the largest bill signing ceremony

ever held on the White House lawn. Abbott's approach of shirking the state's

responsibility to provide access to services for all citizens is not only

wrong, it sends a strong message to individuals with disabilities: You do

not deserve the same rights as everyone else. I do not believe this is the

message most Texans like to hear.

What is perplexing is that Abbott is not challenging the part of the ADA

that bars discrimination by private interests. In other words, Abbott agrees

that private entities should continue to be required by law to provide

access to individuals with disabilities, but public entities, including

state and local governments, should not. Since when are civil rights

protections important in relation to the private sector, but not the public

sector? Abbott's response: The office of the attorney general is trying to

protect the state's interests, namely, its limited financial resources. Once

again, the issue is state money, or the lack thereof.

If Abbott prevails in his attempt to exclude state governments from having

to comply with Title II of the ADA, areas other than waiting lists for

people with disabilities in need of home and community-based services could

be impacted. For example, Title II could no longer be used to force

modifications of governmental buildings and facilities so that they are

accessible to people with disabilities. But for the ADA, how many public

schools, university classrooms and laboratories, public restrooms,

libraries, museums, city halls, buses, trains, courthouses and capitols

would still be inaccessible to disabled people?

Rather than facing up to the state's responsibility to provide access to

people with disabilities per federal law, rather than striving to generate

new revenues to help cover the costs, our leadership seeks to dismantle the

very legislation that mandates the above. The attorney general's action is a

blatant attempt to reinstate discrimination as yet another way to avoid the

state's obligation to provide services to its most vulnerable members.

Texans should be embarrassed that one of our statewide elected leaders would

do this.

Naishtat, a Democrat, represents Austin.

Link to comment
Share on other sites

This man sounds like he's ashamed or embarrassed about being disabled and

because of that or some misguided pride he wants to hurt a lot of people who

could benefit from this law.

Amy

Abbott stories

Disability act lawsuit sparks dissent

Some legislators say they'll ask attorney general to change his position on

the law

By Ball

Austin American-Statesman

January 10, 2004

State legislators say they want Texas Attorney General Greg Abbott to stop

his office's efforts to strike down part of the Americans with Disabilities

Act.

Last month, Abbott came under fire for arguing that Title II of the law, the

section that requires public entities to provide equal access to buildings

and services, is unconstitutional. Advocates for people with disabilities

said they expected more from Abbott, who has used a wheelchair since a 1984

accident.

Now several Texas legislators say they want to meet with Abbott to ask him

to change his position on the law.

" I think very highly of him personally, but he's wrong about this, " said

state Rep. Elliott Naishtat, D-Austin.

Abbott said he's doing exactly what he was elected to do.

" Personally, there is not a stronger supporter of the ADA than I, " Abbott

said. " Personally, there may not be a person who needs public buildings to

be accessible more than I. . . . As the attorney general, I have the legal

obligation to defend the State of Texas when it is sued in court. "

The debate stems from a lawsuit mired in federal court.

In 2002, two advocacy groups sued the state, claiming that Texas is

violating the Americans with Disabilities Act by not providing help to

enough people with mental retardation and developmental disabilities.

Abbott's lawyers defended the state, in part, by claiming that the law is

unconstitutional.

If Abbott wins in court, Texas no longer will have to follow the federal law

that requires states to provide equal access to buildings and services. That

includes making buildings accessible to people with disabilities, providing

sign language interpreters and providing Braille ballots.

Critics call Abbott's stance hypocritical because he has personally

benefited from the disabilities act. On Friday, more than 40 people gathered

near the Texas Supreme Court building, holding signs and chanting, " ADA

today, ADA tomorrow, ADA forever. " Naishtat attended the rally.

" People are very, very angry about this, " said Bob Kafka, an organizer for

the advocacy group ADAPT who uses a wheelchair. " This hurts real people. "

Abbott said his disability has nothing to do with the way he does his job.

" That's offensive, " he said. " They think that just because I'm in a

wheelchair, I should ignore the law and come down on their side. "

Rally organizers said they'll fight to preserve Title II. Advocates are

planning e-mail, telephone and letter writing campaigns. They also said they

might stage protests during Abbott's public appearances.

Legislators said Abbott's office should pursue other legal options.

" To think we are regressing in how we treat each other, our brothers and

sisters, is just outrageous, " said state Sen. Gonzalo Barrientos, D-Austin.

Texas is among a number of states challenging the constitutionality of the

law. On Tuesday, the U.S. Supreme Court will hear arguments in Tennessee v.

Lane, which also centers on whether Title II is consti- tutional.

aball@...; 912-2506

Disabled Texans deserve better from their state officials- [Opinion]

Elliott Naishtat- SPECIAL TO THE AMERICAN-STATESMAN

Austin American-Statesman

Friday, January 9, 2004

Just when we thought Texas could do no worse in its treatment of our most

vulnerable citizens, Texas Attorney General Greg Abbott proves us wrong. In

an attempt to preclude the state from having to provide services to people

with disabilities -- services they are entitled to under the Americans With

Disabilities Act (ADA) -- Abbott is claiming the ADA is unconstitutional and

that states cannot be required to comply with it.

Signed into law in 1990 by the first President Bush, the ADA prohibits

discrimination based on a person's disability. Considered the most

comprehensive legislation for people with disabilities ever passed in this

country, the ADA lays a foundation of equality for disabled people and

extends to them civil rights similar to those made available on the basis of

race, sex, color, national origin and religion through the Civil Rights Act

of 1964. Accordingly, the ADA prohibits discrimination on the basis of

disability in private sector employment, state and local government

activities, and public accommodations and services.

Title II of the ADA stipulates that " no qualified individual with a

disability shall, by reason of such disability, be excluded from

participation in or be denied the benefits of the services, programs or

activities of a public entity. " This is the section of the act that our

attorney general seeks to overturn.

Texans should be appalled at the lengths our state's top legal defender will

go to keep the state from having to provide to people with disabilities

access to services in compliance with this federal law.

Abbott took this stance in response to a class-action lawsuit filed in 2002

on behalf of more than 25,000 individuals with disabilities who have been

languishing, many for years, on waiting lists to receive home or

community-based services. The class action alleges that the state violates

the ADA by not adequately funding services to people with disabilities,

resulting in many of these individuals being forced to live in institutional

settings, often against their will and best interests. If Abbott has his

way, the state will no longer be required to comprehensively address the

needs of the disability community.

This year, facing a $10 billion shortfall and in the name of " no new taxes, "

the Texas Legislature passed a budget with deep cuts to programs serving

children, the elderly and people with disabilities. Budget cuts and policy

decisions that were made guarantee that fewer people in need will receive

crucial health and human services, and waiting lists will continue to grow.

Now Abbott wants to go one step further and take away civil rights

protections that were signed into law at the largest bill signing ceremony

ever held on the White House lawn. Abbott's approach of shirking the state's

responsibility to provide access to services for all citizens is not only

wrong, it sends a strong message to individuals with disabilities: You do

not deserve the same rights as everyone else. I do not believe this is the

message most Texans like to hear.

What is perplexing is that Abbott is not challenging the part of the ADA

that bars discrimination by private interests. In other words, Abbott agrees

that private entities should continue to be required by law to provide

access to individuals with disabilities, but public entities, including

state and local governments, should not. Since when are civil rights

protections important in relation to the private sector, but not the public

sector? Abbott's response: The office of the attorney general is trying to

protect the state's interests, namely, its limited financial resources. Once

again, the issue is state money, or the lack thereof.

If Abbott prevails in his attempt to exclude state governments from having

to comply with Title II of the ADA, areas other than waiting lists for

people with disabilities in need of home and community-based services could

be impacted. For example, Title II could no longer be used to force

modifications of governmental buildings and facilities so that they are

accessible to people with disabilities. But for the ADA, how many public

schools, university classrooms and laboratories, public restrooms,

libraries, museums, city halls, buses, trains, courthouses and capitols

would still be inaccessible to disabled people?

Rather than facing up to the state's responsibility to provide access to

people with disabilities per federal law, rather than striving to generate

new revenues to help cover the costs, our leadership seeks to dismantle the

very legislation that mandates the above. The attorney general's action is a

blatant attempt to reinstate discrimination as yet another way to avoid the

state's obligation to provide services to its most vulnerable members.

Texans should be embarrassed that one of our statewide elected leaders would

do this.

Naishtat, a Democrat, represents Austin.

Link to comment
Share on other sites

This man sounds like he's ashamed or embarrassed about being disabled and

because of that or some misguided pride he wants to hurt a lot of people who

could benefit from this law.

Amy

Abbott stories

Disability act lawsuit sparks dissent

Some legislators say they'll ask attorney general to change his position on

the law

By Ball

Austin American-Statesman

January 10, 2004

State legislators say they want Texas Attorney General Greg Abbott to stop

his office's efforts to strike down part of the Americans with Disabilities

Act.

Last month, Abbott came under fire for arguing that Title II of the law, the

section that requires public entities to provide equal access to buildings

and services, is unconstitutional. Advocates for people with disabilities

said they expected more from Abbott, who has used a wheelchair since a 1984

accident.

Now several Texas legislators say they want to meet with Abbott to ask him

to change his position on the law.

" I think very highly of him personally, but he's wrong about this, " said

state Rep. Elliott Naishtat, D-Austin.

Abbott said he's doing exactly what he was elected to do.

" Personally, there is not a stronger supporter of the ADA than I, " Abbott

said. " Personally, there may not be a person who needs public buildings to

be accessible more than I. . . . As the attorney general, I have the legal

obligation to defend the State of Texas when it is sued in court. "

The debate stems from a lawsuit mired in federal court.

In 2002, two advocacy groups sued the state, claiming that Texas is

violating the Americans with Disabilities Act by not providing help to

enough people with mental retardation and developmental disabilities.

Abbott's lawyers defended the state, in part, by claiming that the law is

unconstitutional.

If Abbott wins in court, Texas no longer will have to follow the federal law

that requires states to provide equal access to buildings and services. That

includes making buildings accessible to people with disabilities, providing

sign language interpreters and providing Braille ballots.

Critics call Abbott's stance hypocritical because he has personally

benefited from the disabilities act. On Friday, more than 40 people gathered

near the Texas Supreme Court building, holding signs and chanting, " ADA

today, ADA tomorrow, ADA forever. " Naishtat attended the rally.

" People are very, very angry about this, " said Bob Kafka, an organizer for

the advocacy group ADAPT who uses a wheelchair. " This hurts real people. "

Abbott said his disability has nothing to do with the way he does his job.

" That's offensive, " he said. " They think that just because I'm in a

wheelchair, I should ignore the law and come down on their side. "

Rally organizers said they'll fight to preserve Title II. Advocates are

planning e-mail, telephone and letter writing campaigns. They also said they

might stage protests during Abbott's public appearances.

Legislators said Abbott's office should pursue other legal options.

" To think we are regressing in how we treat each other, our brothers and

sisters, is just outrageous, " said state Sen. Gonzalo Barrientos, D-Austin.

Texas is among a number of states challenging the constitutionality of the

law. On Tuesday, the U.S. Supreme Court will hear arguments in Tennessee v.

Lane, which also centers on whether Title II is consti- tutional.

aball@...; 912-2506

Disabled Texans deserve better from their state officials- [Opinion]

Elliott Naishtat- SPECIAL TO THE AMERICAN-STATESMAN

Austin American-Statesman

Friday, January 9, 2004

Just when we thought Texas could do no worse in its treatment of our most

vulnerable citizens, Texas Attorney General Greg Abbott proves us wrong. In

an attempt to preclude the state from having to provide services to people

with disabilities -- services they are entitled to under the Americans With

Disabilities Act (ADA) -- Abbott is claiming the ADA is unconstitutional and

that states cannot be required to comply with it.

Signed into law in 1990 by the first President Bush, the ADA prohibits

discrimination based on a person's disability. Considered the most

comprehensive legislation for people with disabilities ever passed in this

country, the ADA lays a foundation of equality for disabled people and

extends to them civil rights similar to those made available on the basis of

race, sex, color, national origin and religion through the Civil Rights Act

of 1964. Accordingly, the ADA prohibits discrimination on the basis of

disability in private sector employment, state and local government

activities, and public accommodations and services.

Title II of the ADA stipulates that " no qualified individual with a

disability shall, by reason of such disability, be excluded from

participation in or be denied the benefits of the services, programs or

activities of a public entity. " This is the section of the act that our

attorney general seeks to overturn.

Texans should be appalled at the lengths our state's top legal defender will

go to keep the state from having to provide to people with disabilities

access to services in compliance with this federal law.

Abbott took this stance in response to a class-action lawsuit filed in 2002

on behalf of more than 25,000 individuals with disabilities who have been

languishing, many for years, on waiting lists to receive home or

community-based services. The class action alleges that the state violates

the ADA by not adequately funding services to people with disabilities,

resulting in many of these individuals being forced to live in institutional

settings, often against their will and best interests. If Abbott has his

way, the state will no longer be required to comprehensively address the

needs of the disability community.

This year, facing a $10 billion shortfall and in the name of " no new taxes, "

the Texas Legislature passed a budget with deep cuts to programs serving

children, the elderly and people with disabilities. Budget cuts and policy

decisions that were made guarantee that fewer people in need will receive

crucial health and human services, and waiting lists will continue to grow.

Now Abbott wants to go one step further and take away civil rights

protections that were signed into law at the largest bill signing ceremony

ever held on the White House lawn. Abbott's approach of shirking the state's

responsibility to provide access to services for all citizens is not only

wrong, it sends a strong message to individuals with disabilities: You do

not deserve the same rights as everyone else. I do not believe this is the

message most Texans like to hear.

What is perplexing is that Abbott is not challenging the part of the ADA

that bars discrimination by private interests. In other words, Abbott agrees

that private entities should continue to be required by law to provide

access to individuals with disabilities, but public entities, including

state and local governments, should not. Since when are civil rights

protections important in relation to the private sector, but not the public

sector? Abbott's response: The office of the attorney general is trying to

protect the state's interests, namely, its limited financial resources. Once

again, the issue is state money, or the lack thereof.

If Abbott prevails in his attempt to exclude state governments from having

to comply with Title II of the ADA, areas other than waiting lists for

people with disabilities in need of home and community-based services could

be impacted. For example, Title II could no longer be used to force

modifications of governmental buildings and facilities so that they are

accessible to people with disabilities. But for the ADA, how many public

schools, university classrooms and laboratories, public restrooms,

libraries, museums, city halls, buses, trains, courthouses and capitols

would still be inaccessible to disabled people?

Rather than facing up to the state's responsibility to provide access to

people with disabilities per federal law, rather than striving to generate

new revenues to help cover the costs, our leadership seeks to dismantle the

very legislation that mandates the above. The attorney general's action is a

blatant attempt to reinstate discrimination as yet another way to avoid the

state's obligation to provide services to its most vulnerable members.

Texans should be embarrassed that one of our statewide elected leaders would

do this.

Naishtat, a Democrat, represents Austin.

Link to comment
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