Am I the only one that sees the irony of this issue having its roots in
California--the most liberal of the fifty United States?
-Kyle
-----Original Message-----
From: Magenta Raine [mailto:[log in to unmask]]
Sent: Thursday, February 13, 2003 4:01 PM
To: [log in to unmask]
Subject: Re: Fw: Your Save-the-ADA Advocacy Kit, Installment Three
Subj: Fw: Your Save-the-ADA Advocacy Kit, Installment
Three
Date: 2/10/03 10:43:58 AM Pacific Standard Time
From: <A HREF="mailto:[log in to unmask]">[log in to unmask]</A>
To: <A HREF="mailto:[log in to unmask]">[log in to unmask]</A>
Sent from the Internet
Written with the advisement of disability rights attorneys
How Much of the ADA Are You Willing To Lose?
The reality is that California Attorney General Bill Lockyer’s appeal to
the
U.S. Supreme Court using the Medical Board v Hason as a vehicle to destroy
Title II of the ADA will succeed. The question is: To what degree? There are
four options before the Supreme Court:
1. To declare that it is unconstitutional for people with disabilities who
are discriminated against by state licensing boards to receive compensatory
damages.
2. To declare that it is unconstitutional for people with disabilities who
are discriminated against by state licensing boards to receive either
compensatory damages or injunctive relief. (Injunctive relief means the
state
agency has to cease its discriminatory practice against that individual or
class, if it is a class action law suit.)
3. To declare that it is unconstitutional for the people with disabilities
who are discriminated against by any and all state agencies to receive
compensatory damages.
4. To declare that it is unconstitutional for people with disabilities who
are discriminated against by any and all state agencies to receive either
compensatory damages or injunctive relief.
It is a foregone conclusion by all those familiar with the ADA and the
actions of this Supreme Court that one of the above actions will be taken.
Lets take a look at the negative impact upon the lives of people with
disabilities of these four options.
* * * * *
RAMIFICATIONS OF OPTION #1 - A U.S. Supreme declaration that it is
unconstitutional for people with disabilities who are discriminated against
by state licensing boards to collect compensatory damages.
Those Directly Impacted. There are many professions which require licensing.
Examples of the professionals who will be affected are cosmetologists,
mattress makers, counselors, teachers, child-care workers, landscapers,
architects, physicians, building contractors, realtors, engineers, nurses,
therapists, pest inspectors, firefighters, police, attorneys, accountants,
acupuncturists, massage therapists, auto mechanics, funeral directors,
hearing aid dispensers, veterinarians, to name just a few.
Examples: a. A deaf person is denied a child-care license because she/he is
deaf. The person will be able to sue the licensing agency which will take,
at
the minimum, several years. At the end of that time, the court may decide
that the deaf applicant is qualified for a license, and grant injunctive
relief, thereby requiring the state agency to grant the license. However,
the
deaf applicant will not be compensated for the loss of wages and other
damages inflicted by the state agency.
b. If a person with a speech impediment is denied effective communication
and
as a result fails to receive a professional license, that person will still
have the right to sue the state. After several years of litigation the
person
may receive the requested communication, but will never be compensated for
the loss of income and opportunity.
Effects on All People with Disabilities: Most of all, this least negative of
possible actions by the Supreme Court will set in stone that people with
disabilities are inferior and must be treated as inferior by all courts in
the land. Whereas women and other classes who are protected by the 1964
Civil
Rights Act can seek compensation, people with disabilities will be barred
forever from this equal redress. This means, in effect, that state agencies
will have no reason to stop their discriminatory practices against people
with disabilities because there will be no incentive to do so. If all they
have to do is stop the discriminatory practice and they do not have to pay
compensatory damages, they will continue to discriminate.
* * * * *
RAMIFICATION OF OPTION #2 - A U.S. Supreme declaration that it is
unconstitutional for people with disabilities who are discriminated against
by state licensing boards to collect compensatory damages and injunctive
relief.
State licensing boards will have the blessing of the Supreme Court to
discriminate against people with disabilities at will. The next case before
the Supreme Court will be to declare all of Title II unconstitutional, and
this will happen. It will just be a matter of time.
* * * * *
RAMIFICATION OF OPTION #3 - A U.S. Supreme declaration that it is
unconstitutional for the people with disabilities who are discriminated
against by any and all state agencies to receive compensatory damages.
THIS IS THE OPTION THAT MOST ATTORNEYS KNOWLEDGEABLE OF THE ADA BELIEVE THE
SUPREME COURT WILL TAKE.
Those Directly Impacted. All people with disabilities. All people who will
experience a disability, all those who are regarded as having a disability,
and all those who have a history of having a disability.
Example. If a person with a visual impairment requests information from a
state employment agency in alternate format and the agency fails to provide
that information, the person will not be able to collect compensation for
the
failed opportunity and lost wages. More importantly, the state agency will
have no incentive to stop this discriminatory practice. The state agency, if
taken to court and so ordered, will be forced to supply the information in
alternate format, which may or may not be outdated by then. Because they
will
not have to pay compensatory damages, there will be no incentive for the
state agency to insure that from then on it makes its information available
in alternate format. Needless to say, people with disabilities will be
greatly discouraged from taking state agencies to court because it will be
an
act of futility, not only for themselves but for other people with
disabilities. Because there will be little consequence of its action, the
agency will continue its discriminatory practices because there will be no
incentive to act otherwise.
At least one circuit has held already that people with disabilities cannot
sue state officials under the Ex Parte Young Doctrine for injunctive relief
to enforce the ADA. Other circuit courts will undoubtedly try to follow.
When
the circuit decisions regarding injunctive relief are coupled with this
option, there will be nothing to stop states from discriminating against
people with disabilities. This means that the Olmstead Decision will end up
being unenforceable as regards discrimination by the states in the circuits
which enact similar decisions.
* * * * *
RAMIFICATION OF OPTION #4 - A U.S. Supreme declaration that it is
unconstitutional for the people with disabilities who are discriminated
against by any and all state agencies to receive compensatory damages and
injunctive relief.
States will have the blessing of the Supreme Court to discriminate against
people with disabilities at will. That's it. Its all over. That the Supreme
Court will chose this option is a REAL POSSIBILITY. The reason is because of
the test for constitutionality the Supreme Court developed in the Garrett
decision. In that decision, the Supreme Court ruled that IT IS
CONSTITUTIONAL
TO DISCRIMINATE WHEN IT IS RATIONAL. And, they said, IT IS RATIONAL TO
DISCRIMINATE IF IT WOULD SAVE THE STATE MONEY!
* * * * *
WHAT CAN YOU DO TO SAVE THE ADA?
1. Contact your congressional representatives and ask them to write
California Governor Gray Davis and California Attorney General Bill Lockyer
and request that they stop the Medical Board v Hason appeal before the U.S.
Supreme Court. This must be done immediately because the Supreme Court has
already accepted the appeal! Ask them to send a copy of their letter to Safe
Sidewalks for All Coalition at 901 Third Avenue, Sacramento, CA 95818. We
especially need pressure from other Democratic leaders to ask the California
governor and the attorney general to stop acting against the Democratic
Party's historic support of people with disabilities.
2. Attend the March in March rally in Sacramento, March 15, 2003, 1 p.m. to
4
p.m! Transportation and housing available. See the rally announcement
attached below.
HolLynn D’’Lil
MARCH IN MARCH FOR DISABILITY PRIDE!
SATURDAY, MARCH 15, 2003, FROM 1 TO 4 P.M.
12th and "J" Streets in SACRAMENTO,
Headquarters for the
CALIFORNIA DEMOCRATIC PARTY CONVENTION.
CELEBRATE DISABILITY CULTURE AND PRIDE!
ASK THE DEMOCRATS TO PROTECT DISABILITY RIGHTS!
PEOPLE WITH DISABILITIES ARE UNDER ATTACK!
GOVERNOR GRAY DAVIS
PROPOSES TO BALANCE THE BUDGET
ON THE BACKS OF PEOPLE WITH DISABILITIES!
ATTORNEY GENERAL BILL LOCKYER
HAS APPEALED TO THE U.S. SUPREME COURT
TO DECLARE TITLE II OF THE ADA UNCONSTITUTIONAL!
THE CITY OF SACRAMENTO DEMOCRATIC LEADERSHIP
HAS APPEALED TO THE U.S. SUPREME COURT
TO STOP ACCESS FOR PEOPLE WITH DISABILITIES
TO SIDEWALKS!
LET THE POLITICIANS KNOW
THAT WE SPEAK WITH ONE VOICE!
WE ARE PROUD OF WHO WE ARE!
WE WILL FIGHT FOR OUR RIGHTS!
WE WILL FIGHT FOR OUR FAIR SHARE!
LET’’S ALL SHOW UP AND BE COUNTED!
TRANSPORTATION ASSISTANCE AVAILABLE TO ALL!
Get a group together and we will rent a van to get you to Sacramento!
Contact Richard Skaff: <A
HREF="mailto:[log in to unmask]">[log in to unmask]</A> and Warren Cushman:
<A HREF="mailto:[log in to unmask]">
[log in to unmask]</A> . For Housing Assistance Call Susan Barnhill: (916)
372
4006 or <A HREF="mailto:[log in to unmask]">[log in to unmask]</A>
For more information: call Larry McIver at (916) 772-3916,
or Hollynn D’’Lil at (916) 443-3623 or <A
HREF="mailto:[log in to unmask]">[log in to unmask]</A>
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I am available to do writing, editing, reporting, designing jobs, including
business cards, etc. I am also a disability rights activist.
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