I don't want to sound snotty or vengeful, but the last time I brought something
up on this list remotely resembling politics, I got slammed. Why is it OK
now? There ARE other groups where VI people talk politics. (Go the
Yahoo!Groups and look under the heading 'Politics'. I am getting bruised from
the slamming I have taken on this list. What is the deal? Politics OK or not?
-
Mary P. Blanton, Owner
The Needlework House
3360 Sattilite Blvd
Suite 5
Duluth, GA 30096
(770) 622-4249
[log in to unmask]
[log in to unmask]
http://www.needleworkhouse.com
Lainey Feingold wrote:
> In many states across the country, voting Third Party in this election, as
> was suggested by someone on this list, means voting for 4 more years of
> George W. Bush.
>
> The following message was written by long-time disability rights lawyer and
> activist, Steve Gold. As a lawyer who has exclusively represented the
> disability community generally, and the blind community in particular, for
> the past 12 years, I agree with this message wholeheartedly. In case this
> message is not read in its entirety, here is Steve Gold's ending first:
>
> "The bottom line - a vote for Bush puts the ADA in serious jeopardy."
>
> To this important message, I would add the following: Even if you are a
> person who never intends to file an ADA lawsuit, and even if you're a
> person who does not believe in ADA lawsuits, another four years of a
> republican administration pose extremely serious risks for the blind
> community. Unfair judges on every level can rollback progress for everyone
> -- not just parties to the lawsuit (In the next four years for example, it
> is quite likely that the courts will consider whether public and private
> websites have to be accessible.) Federal agency appointments effect the
> blind community as well: The Department of Justice will be issuing new ADA
> regulations, including Talking ATM regulations; the Federal Communications
> Commission has important authority over the accessibility of
> telecommunications equipment, and the list goes on. Other federal programs
> and issues of importance to various segments of the blind community are at
> deep risk should there be another four years of a Republican
> administration: Medicare, Medicaid, special education, stem cell research,
> jobs programs, prescription drug costs. . . again, the list goes on.
>
> Here is Steve Gold's message
>
> >THE ADA, THE COURTS, AND THE ELECTION - 10/04
> >
> > A number of people have asked me about the Presidential election and
> > the survival of the ADA, as well as how Court decisions impact on the
> > empowerment of the disability community. It is important to look at both
> > the Supreme Court AND the lower federal courts.
> >
> > First, President George W. Bush has said that his model Supreme Court
> > nominees are Justices Antonin Scalia and Clarence Thomas. In two critical
> > ADA/disability cases, OLMSTEAD (integration of persons with disabilities
> > from institutions to the community) and LANE (access to the courts by
> > persons with disabilities), both of these Justices ruled against the
> > disabled Plaintiffs and therefore against the disability community.
> >
> > These two Justices have attacked the ADA directly, challenging
> > whether or not Congress intended the ADA to require integration and
> > whether Congress had the power to end discrimination by requiring access
> > to courts. They have also attacked the ADA indirectly, saying that
> > disabled individuals and advocacy groups do not have "standing" to
> > enforce the ADA or "federalism" prevents enforcement of the ADA. These
> > two have also been on the anti-ADA side in cases restricting the scope
> > and definition of disability.
> >
> > If President Bush wins on November 2, 2004 and appoints several more
> > Justices in the model of Scalia and Thomas, the ADA will be seriously in
> > jeopardy in the Supreme Court.
> >
> > Second, while most people focus only on the Supreme Court, President
> > Bush has appointed approximately 200 district and appellate judges. It
> > is at this level that most cases are decided (because the Supreme Court
> > decides very few cases as compared to the number decided at the district
> > and appellate court levels).
> >
> > While I do not pretend to know, or have documentary evidence, about
> > all these 200 judges, I can use my experience during more than 30 years
> > as a comparison. Given the ideological conflicts in this country which
> > also exist in the Courts, the disability community should want the
> > appointment of truly fair and principled (unbiased) judges who respect
> > Congress' role in banning and defining disability discrimination.
> >
> > What has happened in the past four years at the lower court level is
> > a demonstrable shift with the odds tilting dramatically against fairness
> > and principles(in most circuits, not all). It has been much harder to
> > win ADA cases during the past four years than in the 1990s. There is a
> > judicial attitude that has started at the Supreme Court level and has
> > seeped down that lower court judges should feel free not accept what
> > Congress intended when it enacted the ADA. This severely hurts the
> > disability community.
> >
> > Third, in the document "Top 20 Reasons Why People with Disabilities
> > Choose John Kerry for President," Senator Kerry has written that he will
> > "Vigorously fight any attempt to weaken the Americans with Disabilities
> > Act (ADA) by proposing legislation to restore the rights that have been
> > whittled away in the ADA by the Supreme Court and appoint only judges who
> > support the ADA and other civil rights statutes." While there are no
> > guarantees in this life, that sure sounds better than voting against
> > Olmstead and Lane.
> >
> > The bottom line - a vote for Bush puts the ADA in serious
> > jeopardy. A vote for Kerry means we must hold him accountable to his
> > written statement.
> >
> > Steve Gold, The Disability Odyssey continues
> >
> >Back issues of other Information Bulletins are available online at
> >http://www.stevegoldada.com with a searchable Archive at this site divided
> >into different subjects. To contact Steve Gold directly, write to
> >[log in to unmask]
>
> Lainey Feingold
> Law Office of Elaine B. Feingold
> 1524 Scenic Avenue
> Berkeley, CA 94708
> (510) 548-5062
> [log in to unmask]
>
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--
Mary P. Blanton, Owner
The Needlework House
3360 Sattilite Blvd
Suite 5
Duluth, GA 30096
(770) 622-4249
[log in to unmask]
[log in to unmask]
http://www.needleworkhouse.com
VICUG-L is the Visually Impaired Computer User Group List.
To join or leave the list, send a message to
[log in to unmask] In the body of the message, simply type
"subscribe vicug-l" or "unsubscribe vicug-l" without the quotations.
VICUG-L is archived on the World Wide Web at
http://maelstrom.stjohns.edu/archives/vicug-l.html
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