-----Original Message----- From: [log in to unmask] [mailto:[log in to unmask]]On Behalf Of Stephanie Thomas Sent: Thursday, February 17, 2000 12:40 PM To: micasa-list Subject: ADA Unconstitutional? Watch Out! As you are doubtless aware by now, there are 2 cases the Supreme Court has accepted this session regarding the constitutionality of the Americans with Disabilities Act (Dickson and Alsbrook). One focuses specifically on Title II and therefore directly threatens our work on Olmstead & services in the most integrated setting. Both are a threat to the ADA. The court has made some scarely rulings this winter, most recently saying that Congress outstepped its bounds when it passed laws regarding protection of rights for older workers. The concern is that as with the Olstead case, a bunch of states will pile on and support making the ADA unconstitutional. People are being asked again to call, email, fax and write your Governor and Attorney General, asking them to support the ADA and sign onto a brief in support of the ADA or at least not sign onto one against the ADA. Currently, the parties claiming that Congress lacked the proper authority must submit their briefs to the U.S. Supreme Court by March 3, 2000. That does not leave a lot of time... STATUS: "To the best of our knowledge, no state has officially decided to sign on to a brief -- pro or con. A number of states are having internal conversations regarding signing on to a brief supporting the ADA." Sharon Masling, Director of Legal Services NAPAS This just in from the Minnesota P&A: Thanks to the efforts of Minnesota disability rights advocates, the Minnnesota Attorney General has agreed to not sign on to any "states' rights" brief in <underline>Alsbrook</underline> or <underline>Dickson</underline>, the pending ADA Supreme Court cases. Moreover, the Attorney General is considering signing onto a brief supporting the ADA. Follow-up meetings are being scheduled with the AG's office, and a letter urging the AG to sign on to a brief supporting the ADA is being circulated throughout the state. Congratulations Minnesota advocates! Your state may be asked to sign a brief with sister states arguing that Congress lacked the proper authority. It is very, very important that we let Governor's and Attorney General's know that WE WANT THEM TO SUPPORT THE ADA. If anything, we want THEM to show leadership and support for citizens with disabilities by signing on to a brief stating that the ADA is constitutional. The best information advocates have been able to gather is that there are COURT CASES (different from the Alsbrook or Dickson cases) in the following states directly attacking the Constitutionality of the ADA by the State. (This is different from signing onto an amicus brief in the Alsbrook or Dickson cases, but it is another separate sign of the state's hostile attitude toward the ADA)Folks from these states should make extra effort to contact their Governor and Attorney General. States not on this list are not in the clear though, some of the 7 which refused to get off the Olmstead amicus are not on this list. So everyone should take these attacks seriously. Here is the list of states & cases (to the best of our knowledge so far...) Arkansas Alsbrook v. City of Maumelle Alabama Lancaster v. City of Mobile Gaston v. Bellingrath Gardens California Armstrong v. Wilson Clark v. California Campos v. San Francisco State University Dare v. State of California Colorado Thompson v. Colorado Connecticut Hicks v. Armstrong Florida Brown v. Chiles Prado-Steiman v. Chiles Dickson v. Florida Departments of Corrections Seaborn v. Florida Illinois Erickson v. Board of Governors of State Colleges and Universities Walker v. Washington Indiana Crawford v. Indiana Department of Corrections Kansas Martin v. Kansas Louisiana Coolbaugh v. Louisiana Maryland Williams v. Wasserman Amos v. Maryland Department of Pub. Safety & Correctional Services Michigan Pomeroy v. Western Michigan University Minnesota Autio v. State of Minnesota North Carolina Pierce v. King Brown v. North Carolina Division of Motor Vehicles Lamb v. John Umstead Hospital Nebraska DeBose v. Nebraska New Jersey Jeffreys v. State of New Jersey Hallen v. Union Beach Board of Education New Jersey Protection and Advocacy v. Waldman New Mexico K.L. v. Valdez New York Muller v. Costello Roberts v. New York Department of Correctional Services Kilcullen v. New York State Department of Labor Jackan v. New York State Department of Labor Ohio Wright v. Lima Correctional Institution Nihiser v. Ohio Environmental Protection Agency Pennsylvania Anderson v. Pennsylvania Department of Public Welfare Puerto Rico Torres v. Puerto Rico Tourism Co. Tennessee Johnson v. Tennessee Technical Center at Memphis Parr v. Middle Tennessee State University Lane v. Tennessee Stephens v. University of Tennessee of Knoxville NATIONAL ADAPT MAILING LIST - Adapt MiCASA List of Adapt Organizers.