Disability Press Release

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FOR IMMEDIATE RELEASE: MONDAY, JAN. 12, 2004Contacts: Jim Ward, ADA Watch/National Coalition for Disability Rights, ; OR Burley, Bazelon Center, x 133Supreme Court to Hear Key Disability Rights CaseAdvocates Call for "Access to Justice" in Tennessee v. Lane and WASHINGTON, DC-The Supreme Court will hear oral arguments tomorrow in State of Tennessee v. Lane and Beverly , a case that could severely limit enforcement of key provisions in the Americans with Disabilities Act (ADA) that protect millions of people with disabilities from discrimination by public entities in courtrooms, schools, health care and other areas. "Access to justice is a fundamental right of all Americans," said Jim Ward, president of ADA Watch, a national coalition representing disability rightsadvocates. "Today we call on the Supreme Court to do its duty to protect that right for people with disabilities by upholding Title II of the ADA."Plaintiffs in the case are Lane and Beverly . Lane and , who both have mobility impairments, sued Tennessee for failing to ensure that courthouses are accessible to individuals with disabilities. worked as a court reporter. Lane was a defendant in a criminal case. Both were denied access to courtrooms on the second floors of buildings that lacked elevators. The state arrested Lane for failure to appear in court when he refused to crawl or be carried up the stairs."It's outrageous that anyone should be denied their dignity because a state like Tennessee fails to comply with the ADA. It's even more outrageous that some states would argue the law never should have applied to them in the first place," continued Ward. "The ADA is one of the most important civil rights laws in the history of this country, but unless it's enforced, it might as well be just another piece of paper."At issue in the case is whether Congress had the authority to allow state and local governments to be sued for money damages for violating Title II of the ADA. Title II protects millions of Americans with disabilities fromdiscrimination in access to public facilities and the provision of public services. Advocates fear that a negative ruling might diminish the ability of people with disabilities to enforce their civil rights in court and that the Court's ruling might further weaken the ADA, which has faced numerous challenges in recent years."If you keep swinging an axe at a tree, it's bound to fall. We hope this Court won't go down in history as the one that struck down the ADA," said Mathis, a staff attorney with the Bazelon Center for Mental Health Law, a Washington-based legal advocate for people with mental disabilities.Former U.S. Attorney General Dick Thornburgh and Representative Steny Hoyer (D-MD) joined representatives from ADA Watch, the Bazelon Center, the National Council on Disability, the Leadership Conference on Civil Rights,Tennessee Disability Coalition and other advocates at a Capitol Hill press conference in support of Lane and earlier today. "This case isn't just about abstract legal theory," said Jeff Rosen, general counsel and director of policy at the National Council on Disability (NCD), an independent federal agency making recommendations to the President andCongress on disability policy. "The Court's decision in this has the potential to rob millions of people of their ability to enforce their rights."Thirty-seven advocacy and professional organizations filed briefs in support of the plaintiffs, as did 10 states. Seven states filed briefs in support of Tennessee's position that Congress lacks to authority to allow states to be sued for money damages under Title II."Fifty years after the Brown v. Board of Education decision, it is sad that we are still arguing about whether the federal government has an appropriate role in protecting the civil rights of its citizens when the State is responsible for violating those rights," said J. Imparato, president and CEO of the American Association of People with Disabilities. Disability rights activists plan to crawl up the stairs to the Supreme Court at 9:00 AM Tuesday morning in a symbolic show of support for the plaintiffs. Advocates also planned rallies Tuesday in Memphis, Tennessee; Austin, TX; San Diego, CA; Sacramento, CA and other cities across the country."This case is important not just because it threatens to gut the ADA, preventing millions of people with disabilities from enforcing their rights, but also because it is the latest attack in an aggressive campaign byextremist conservatives in recent years to weaken federal civil rights protections for all Americans, under the notion of states' rights," said Zirkin, deputy director and director of public policy at the Leadership Conference on Civil Rights, a leading national civil rightscoalition. The case is No. 02-1667. Briefs in the case are available online at http://www.bazelon.org/lane.A decision is expected sometime this summer. # # #=====================All JFA postings from 1995 to present are available at:www.aapd-dc.org/JFA/JFAabout.html