In a message dated 8/3/99 4:34:31 PM Eastern Daylight Time, NAOTD writes:

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   ADA Title II Ruled Unconstitutional in 8th Circuit!

 Bob Kafka of ADAPT reports:

 On July 23, 1999 the US Court of Appeals for the 8th Circuit ruled in a
 case called  "Christopher B. Alsbrook vs City of Maumelle, Arkansas" No.
 97-1825 LEXIS 16945 that "... extension of Title II of the ADA to the
 State exceeds Congress's authority under Section 5 of the Fourteenth
 Amendment."

 They said:  " In sum, it cannot be said in applying Title II of the ADA
 to the states, Congress has acted to enforce equal protection guarantees
 for the disabled as they have been defined by the Supreme Court.  We find
 therefore, that the extension of Title II of the ADA to the states was
 not a proper exercise of Congress's power under Section 5 of the
 Fourteeenth Amemdent."

 In real words they have said that in the 8th Circuit (States included
 are:  Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and
 South Dakota) Title II of the ADA is unconstitutional!!

 YES- ADA TITLE II  State and Local Governments UNCONSTITUTIONAL!!

 It is unclear whether these states currently have any ADA Title II
 responsibilities or if advocates have any Title II claims.  This ruling
 is in conflict with 4 other Circuit Courts which ruled Title II
 constitutional which means the Supreme Court will have to make the final
 determination.  Yes - the 9 in robes deciding our RIGHTS!!

 What is clear is that ADA is under major attack not only in the 8th
 Circuit but all over the country.  Some case testing the
 constitutionality of the ADA will almost certainly go before the Supreme
 Court next session.  Get ready for the battles!!!

 Stayed tuned for more info.

 DON'T MOURN  ...... ORGANIZE!!!!!!!!!!!!!

 DON'T TREAD ON THE ADA.
  >>