From: "by way of Michael Collins <[log in to unmask]>" <[log in to unmask]> To: <Recipient list suppressed> Subject: Fwd: Florida's Position on the ADA in Doubt and in Jeopardy Date: Sun, 12 Sep 1999 19:33:24 -0400 Message-ID: <[log in to unmask]> MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: 7bit X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 X-Sender: [log in to unmask] X-MimeOLE: Produced By Microsoft MimeOLE V5.00.2314.1300 Pass this along please. We need to wrap the Governor up on this. Thanks Claude Return-path: [log in to unmask] From: [log in to unmask] Full-name: Advocacy N Message-ID: <[log in to unmask]> Date: Fri, 10 Sep 1999 18:11:09 EDT FLORIDA'S POSITION ON ADA IN DOUBT Florida advocates representing people with disabilities have become quite alarmed this month by a motion filed by the Florida Attorney General's office to the Eleventh District Court of Appeals that declares that the "ADA violates the Tenth and Eleventh Amendments to the U.S. Constitution." Assistant Attorney General Stephanie A. Daniel, acting on behalf of the State of Florida, in appealing class certification of the plaintiffs in Prado-Steiman v Bush developmental disabilities lawsuit, filed the appeal contending that the ADA was unconstitutional on August 16, 1999. (Note: The Prado-Steiman v Bush developmental services lawsuit focuses on addressing the adequacy of Florida's historically underfunded home and community based waiver program.) Daniel's motion seems to contradict the State's earlier action in February when the State and Attorney General Butterworth backed away from their national leadership role in seeking to appeal and overturn the Eleventh Circuit decision in the L.C. v Olmstead decision. That appeal also sought to dilute and overturn the Americans with Disabilities Act and further sought to weaken efforts to apply ADA standards to the implementation of state policies affecting people with psychiatric and developmental disabilities. Responding to a national and state outcry against Florida's role in seeking to overturn and weaken the ADA, both Butterworth and Florida Governor Jeb Bush indicated to disability advocates that they each played a key role in getting Florida to withdraw from the Olmstead appeal and from that anti-ADA posture. Both Butterworth and Bush have publicly stated their personal responsibility and activity in getting Florida to withdraw from the LC v Olmstead appeal, thus indicating that the State of Florida was not seeking to weaken or overturn the ADA. Now months later it is particularly disturbing to advocates, and an affront to individuals with disabilities and their families, to see the State of Florida again seek to declare the ADA to be unconstitutional, as is the case with Assistant Attorney General Stephanie Daniel's filing. It is also a matter of deep concern in terms of determining the position of Governor Jeb Bush on this matter. As the son of President George Bush, who cites the ADA as one of his proudest achievements, it is with great irony that one witnesses the State's Attorney General seek to overturn the proudest achievement of the Governor's father. Advocates may want to inquire from both the Governor's office and the Attorney General's office clarity regarding the State's position overturning the ADA. The email address for Governor Bush is: [log in to unmask] The Governor's office phone is (850) 488-4441. The Governor's Fax number is (850) 487-0801. The Attorney General's office may be contacted by calling 850-487-1963. The Attorney General's fax number is 850-487-2564 Though the Governor, in his official capacity, serves as the official client and defendant in the Prado-Steiman v Bush case; it is possible that the Governor may not be in full agreement with what is being filed on his behalf. Each office is independent of the other and controlled by opposite political parties; but regardless the question remains for Governor Bush and Attorney General Butterworth: "Who speaks for the State of Florida on the ADA? What is the State's position on the ADA?" We'll keep you posted as we learn more. Gary Blumenthal Executive Director Advocacy Center, Inc. Florida's Protection and Advocacy Programs