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From: Virtual Majordomo Account [mailto:[log in to unmask]]On
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Sent: Sunday, February 13, 2000 6:58 PM
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Subject: Rally Launches ADA Offensive
Justice For All
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LITTLE ROCK RALLY LAUNCHES MAJOR
OFFENSIVE TO PROTECT THE ADA
LITTLE ROCK, AR (February 11, 2000)- Shouting "Renew the
Pledge" and "Don't Tread on the ADA" from the steps of the State
Capitol in Little Rock, Arkansas, over one hundred and fifty disability
rights advocates from nine states weathered harsh winds and diving
temperatures to demand that the nation protect and fulfill the promise
of the ADA.
Held simultaneously with a rally on the steps of the building housing
the U.S. Court of Appeals for the Eighth Circuit in St. Louis, Missouri,
these demonstrations focused attention on two cases which have been
accepted for review by the U.S. Supreme Court in next several months.
These cases challenge the constitutionality of the ADA as it is applied
to the States.
One of these cases, Alsbrook v. City of Maumelle, was a Eighth Circuit
Court ruling which originated in Arkansas. In the Alsbrook case, the
Court declared both the ADA, and its forerunner, Section 504 of the
1973 Rehabilitation Act, unconstitutional within its jurisdiction
Although most federal appellate courts have thus far upheld the
constitutionality of the ADA when it has been challenged, many state
Attorneys General continue to argue that Congress exceeded its
authority over the states when it enacted the ADA. The consensus
among disability rights attorneys is that if these rulings are upheld by
the Supreme Court, the ADA's Title II guarantees for program access
to state and local government services could be seriously curtailed or
eliminated entirely.
One of the local organizers, Phil Stinebuck, said "We are very excited
that so many dedicated advocates from around the nation came here
today in solidarity to defend and protect the ADA."
In addition to several powerful statements made by other local
organizers and advocates, nationally-renowned speakers at the Little
Rock rally included Andy Imparato, President and CEO of the
American Association of People with Disabilities, Judge Huey Walker
with the National Council on Disability, Bob Kafka with ADAPT
(American Disabled for Attendant Programs Today) and Mike Oxford
with the National Council on Independent Living.
Andy Imparato of AAPD used the occasion to kick off a nationwide
campaign to encourage advocates from across the country to get their
Governor, Attorney General and all other public officials to officially
sign a pledge supporting full enforcement and implementation of the
ADA and the Individuals with Disabilities Education Act.
This effort is being initiated by AAPD -- a national membership
organization advocating for the political and economic empowerment
of all 54 million Americans with disabilities -- as the disability
community begins celebrating the year of the 10th anniversary of ADA
and the 25th anniversary of IDEA.
In his statement to those gathered, Imparato launched the Renew The
Pledge effort by saying, "The ADA and IDEA....stand for the
proposition that everyone counts, and that we as a nation need to
harness the potential of all our citizens."
During the proceedings, everyone in the crowd, plus many passers-by
and various officials in the Capitol Building, were asked to sign a huge
placard entitled "Renew The Pledge" committing their support for the
ADA and the IDEA.
In response to the claims of the Eighth Circuit Court in its Alsbrook
ruling that Congress exceeded its authority in imposing the ADA
without having evidence to show that the state and local governments
had engaged in a historical pattern of discrimination, longtime advocate
Bob Kafka stated "There is a long history of states denying us jobs,
education, putting us in institutions, and basic civil rights." As a
result,
Kafka insisted that "Disability belongs in the Constitutional guarantee
of equal protection."
In a short message from Justin Dart -- credited by many as the Father
of the ADA -- which was read to the enthusiastic crowd at the rally,
Dart said "Our movement, our nation stand at an historic crossroad.
ADA, the greatest civil rights law in history, is under mortal
attack....We should all be outraged at this frontal attack on our civil
and human rights. But we must do more than be outraged. We must
declare war on discrimination! We must fight!"
Dart also encouraged all members of the disability community across
the nation to "immerse" themselves in the upcoming 2000 election
campaigns to ensure that every candidate for every office firmly
commits to protecting and defending the ADA when they are elected.
Last year, the Supreme Court heard arguments in several other ADA
lawsuits. One of those decisions -- the Olmstead case -- strongly
supported Title II of the ADA and is considered a significant victory by
disability rights activists. Other Supreme Court decisions rendered last
year in the area of employment were considered by most advocates to
be damaging and potentially very harmful to the protections provided
by the ADA.
The Supreme Court is expected to rule on these new cases some time
this Summer.
--
Together we have overcome
Together we shall overcome
JUSTICE FOR ALL!
Mark Smith
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--
Fred Fay
Chair, Justice For All
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HTTP://www.jfanow.org
Register to Vote Online at http://www.fec.gov/votregis/vr.htm
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