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
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Pass this along please.  We need to wrap the Governor up on this.

Thanks

Claude
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From: [log in to unmask]
Full-name: Advocacy N
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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