-----Original Message-----
From: [log in to unmask]
[mailto:[log in to unmask]]On Behalf Of Stephanie Thomas
Sent: Thursday, February 17, 2000 12:40 PM
To: micasa-list
Subject: ADA Unconstitutional? Watch Out!

As you are doubtless aware by now, there are 2 cases the Supreme Court
has
accepted this session regarding the constitutionality of the Americans
with
Disabilities Act (Dickson and Alsbrook). One focuses specifically on
Title
II and therefore directly threatens our work on Olmstead & services in
the
most integrated setting.  Both are a threat to the ADA.

The court has made some scarely rulings this winter, most recently
saying
that Congress outstepped its bounds when it passed laws regarding
protection
of rights for older workers.
The concern is that as with the Olstead case, a bunch of states will
pile on
and support making the ADA unconstitutional.

People are being asked again to call, email, fax and write your Governor
and
Attorney General, asking them to support the ADA and sign onto a brief
in
support of the ADA or at least not sign onto one against the ADA.

Currently, the parties claiming that Congress lacked the proper
authority
must
submit their briefs to the U.S. Supreme Court by March 3, 2000.  That
does
not leave a lot of time...


STATUS:

"To the best of our knowledge, no state has officially decided to sign
on to
a brief -- pro or con.  A number of states are having internal
conversations
regarding signing on to a brief supporting the ADA."

Sharon Masling, Director of Legal Services
NAPAS

This just in from the Minnesota P&A:


Thanks to the efforts of Minnesota disability rights advocates, the
Minnnesota Attorney General has agreed to not sign on to any "states'
rights" brief in <underline>Alsbrook</underline> or
<underline>Dickson</underline>, the pending ADA Supreme Court cases.
Moreover, the Attorney General is considering signing onto a brief
supporting the ADA.  Follow-up meetings are being scheduled with the
AG's
office, and a letter urging the AG to sign on to a brief supporting the
ADA is being circulated throughout the state.  Congratulations Minnesota
advocates!

Your state may be asked to sign a brief with sister states arguing that
Congress
lacked the proper authority.  It is very, very important that we let
Governor's
and Attorney General's know that WE WANT THEM TO SUPPORT THE ADA.
If anything, we want THEM to show leadership and support for citizens
with
disabilities by signing on to a brief stating that the ADA is
constitutional.

The best information advocates have been able to gather is that there
are
COURT CASES (different from the Alsbrook or Dickson cases) in the
following
states directly attacking the Constitutionality of the ADA by the State.
(This is different from signing onto an amicus brief in the Alsbrook or
Dickson cases, but it is another separate sign of the state's hostile
attitude toward the ADA)Folks from these states should make extra effort
to
contact their Governor and Attorney General.  States not on this list
are
not in the clear though, some of the 7 which refused to get off the
Olmstead
amicus are not on this list.  So everyone should take these attacks
seriously.


Here is the list of states & cases (to the best of our knowledge so
far...)

Arkansas
Alsbrook v. City of Maumelle

Alabama
Lancaster v. City of Mobile
Gaston v. Bellingrath Gardens

California
Armstrong v. Wilson
Clark v. California
Campos v. San Francisco State University
Dare v. State of California

Colorado
Thompson v. Colorado

Connecticut
Hicks v. Armstrong

Florida
Brown v. Chiles
Prado-Steiman v. Chiles
Dickson v. Florida Departments of Corrections
Seaborn v. Florida

Illinois
Erickson v. Board of Governors of State Colleges and Universities
Walker v. Washington

Indiana
Crawford v. Indiana Department of Corrections

Kansas
Martin v. Kansas

Louisiana
Coolbaugh v. Louisiana

Maryland
Williams v. Wasserman
Amos v. Maryland Department of Pub. Safety & Correctional Services
Michigan
Pomeroy v. Western Michigan University

Minnesota
Autio v. State of Minnesota

North Carolina
Pierce v. King
Brown v. North Carolina Division of Motor Vehicles
Lamb v. John Umstead Hospital

Nebraska
DeBose v. Nebraska

New Jersey
Jeffreys v. State of New Jersey
Hallen v. Union Beach Board of Education
New Jersey Protection and Advocacy v. Waldman

New Mexico
K.L. v. Valdez

New York
Muller v. Costello
Roberts v. New York Department of Correctional Services
Kilcullen v. New York State Department of Labor
Jackan v. New York State Department of Labor

Ohio
Wright v. Lima Correctional Institution
Nihiser v. Ohio Environmental Protection Agency

Pennsylvania
Anderson v. Pennsylvania Department of Public Welfare

Puerto Rico
Torres v. Puerto Rico Tourism Co.

Tennessee
Johnson v. Tennessee Technical Center at Memphis
Parr v. Middle Tennessee State University
Lane v. Tennessee
Stephens v. University of Tennessee of Knoxville




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