-----Original Message-----
From: [log in to unmask]
[mailto:[log in to unmask]]On Behalf Of Stephanie Thomas
Sent: Wednesday, May 17, 2000 5:27 PM
To: micasa-list
Subject: FW: The Garrett case - Disability Rights threatened


An open letter to ADA Supporters from Bob Kafka


First let me state that I am not a lawyer.

I am a concerned advocate that is fearful that our civil rights
protections under the ADA will be taken away by the Supreme Court when
they hear the Garrett case this Fall with a decision to be made early
2001.

The ADA is being attacked for many reasons but what REALLY is going on
is
a constitutional battle about the role of Congress versus the role of
the
states.  This is commonly called federalism.

The question is:  Did Congress have the power/authority to pass the ADA?

Those of us born after the New Deal (1930's) may think this is a stupid
question.  Of course Congress can do almost anything it wants.

Wrong!  The Constitution says there are limits.  States have certain
rights!

The Constitution lays out a balance between federal and state authority.

What the Supreme Court has been doing over the last few years is
shifting
the balance away from Congress and giving the States more authority.

This is what they did in the recent Age Discrimination case and this
week's Violence Against Women ruling.  They said that Congress
overstepped its authority in telling States what to do.  Congress has
the
authority to do certain things under the 14th Amendment and under the
Commerce Clause.  These are the legal areas that are being attacked.
Contact the National Association of Protection and Advocacy Systems
(NAPAS) if you want more technical information on the legal issues.
202/408-9514 - Sharon Masling

This is why we need to be VERY concerned about the Garrett case.   We
may
LOSE many ADA protections!!!!!!!!!

The Garrett case has been taken by the Supreme Court to continue their
war on Congressional authority and to give more authority to the States.
Worst case scenario - parts of the ADA (Title I, Title II) could be
ruled
unconstitutional and allow States to regulate themselves.

Is this - "The Sky is Falling" or "Crying Wolf"?  I don't think so!

There has been little outcry by the organized disability community.

I believe this is some due to lack of information, some due to being
busy
with other things and some due to confusion on what can we do to stop
the
Supreme Court.  DON'T MOURN............ORGANIZE!

I think the first thing we need to do is to create a national "ADA
Watch"
group that has as its focus,  nothing but the attacks on the ADA - legal
attacks, political attacks, media attacks.  The Garrett case is just the
most recent attack.  There will be more legal and political attacks.
This just the continuance of what will be a long war against the ADA.

We were organized to get ADA passed - Hopefully we can do the same to
keep the ADA strong and win the war.

Ultimately all things are political.  The accountability of all our
elected officials on the issue of ADA is paramount.  Are ya for us? or
agin us?

Vote 2000 - YES to ADA.  Let's only elect those who are supportive of
the
ADA.  If you vote for someone who is opposed to the ADA -  what does
that
say about our commitment to our civil rights?   Keep a scorecard on what
position our elected officials has on ADA.

Where is Al Gore, George Bush, Ralph Nadar, Harry Browne, Pat Buchannan?

Where is your State on the ADA?   Attorney General?  Governor?  State
Legislature?  Couldn't your State pass a resolution supporting the ADA?
Have your City Council pass a resolution.   Maybe a State ADA Watch
group!

Would you be willing to show up in Washington DC in October to show
support for the ADA?  The Million Man March, The Million Womens March,
the protestors at the World Trade Organization.  All those groups felt
the need to show numbers and power.

How much does ADA mean to us?  I believe very much!!!!

Garrett is major crossroads in the history of disability rights.  Which
direction we take could determine the fate of millions of Americans with
disabilities.

Any thoughts on what to do and how it can be accomplished would be
appreciated.

Stay tuned for more info.

ADA Today!
ADA Tomorrow!
ADA Forever!





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