-----Original Message----- From: Virtual Majordomo Account [mailto:[log in to unmask]]On Behalf Of Justice For All Moderator Sent: Sunday, February 13, 2000 6:58 PM To: [log in to unmask] Subject: Rally Launches ADA Offensive Justice For All [log in to unmask] 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 [log in to unmask] -- Fred Fay Chair, Justice For All [log in to unmask] HTTP://www.jfanow.org Register to Vote Online at http://www.fec.gov/votregis/vr.htm ===================================================================== Justice-For-All FREE Subscriptions To subscribe or unsubscribe, send mail to [log in to unmask] with one or the other in the body of your message: subscribe justice unsubscribe justice