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Reply To: | St. John's University Cerebral Palsy List |
Date: | Tue, 3 Aug 1999 23:17:25 EDT |
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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.
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