Return-Path: <[log in to unmask]> Received: from mx02.mrf.mail.rcn.net ([207.172.4.51]) by mta03.mrf.mail.rcn.net (InterMail vM.4.01.03.14 201-229-121-114-20001227) with ESMTP id <[log in to unmask]> for <[log in to unmask]>; Wed, 21 Feb 2001 13:54:25 -0500 Received: from maelstrom.stjohns.edu ([149.68.45.24]) by mx02.mrf.mail.rcn.net with esmtp (Exim 3.16 #5) id 14VePB-0005Fe-00 for [log in to unmask]; Wed, 21 Feb 2001 13:54:25 -0500 Received: from maelstrom.stjohns.edu (149.68.45.24) by maelstrom.stjohns.edu (LSMTP for OpenVMS v1.1a) with SMTP id <[log in to unmask]>; Wed, 21 Feb 2001 13:54:27 -0500 Received: from MAELSTROM.STJOHNS.EDU by MAELSTROM.STJOHNS.EDU (LISTSERV-TCP/IP release 1.8d) with spool id 784105 for [log in to unmask]; Wed, 21 Feb 2001 13:54:24 -0500 Received: from opcenter.thecia.net (208.218.131.20) by maelstrom.stjohns.edu (LSMTP for OpenVMS v1.1a) with SMTP id <[log in to unmask]>; Wed, 21 Feb 2001 13:44:19 -0500 Received: from ericspc ([216.41.39.54]) by opcenter.thecia.net (8.8.8/8.8.8+djf) with SMTP id NAA03542 for <[log in to unmask]>; Wed, 21 Feb 2001 13:44:13 -0500 (EST) References: <[log in to unmask]> MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: 8bit X-Priority: 3 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook Express 5.50.4522.1200 X-MimeOLE: Produced By Microsoft MimeOLE V5.50.4522.1200 Message-ID: <462501c09c36$0c5d9300$b62729d8@ericspc> Date: Wed, 21 Feb 2001 13:42:27 -0500 Reply-To: PS & P - SD Team <[log in to unmask]> Sender: SJU Advocacy List <[log in to unmask]> From: PS & P - SD Team <[log in to unmask]> Subject: Important Footnotes in Alabama vs Garret To: [log in to unmask] X-Mozilla-Status2: 00000000 Some important footnotes which, are both disturbing and yet also, offer at least *some* hope: ==== Footnote 1: ++++ "We are not disposed to decide the constitutional issue whether Title II, which has somewhat different remedial provisions from Title I, is appropriate legislation under §5 of the Fourteenth Amendment when the parties have not favored us with briefing on the statutory question. To the extent the Court granted certiorari on the question whether respondents may sue their state employers for damages under Title II of the ADA, see this Court' s Rule 24.1(a), that portion of the writ is dismissed as improvidently granted. See The Monrosa v. Carbon Black Export, Inc., 359 U. S. 180, 184 (1959)." Footnote 9: ++++ "Our holding here that Congress did not validly abrogate the States' sovereign immunity from suit by private individuals for money damages under Title I does not mean that persons with disabilities have no federal recourse against discrimination. Title I of the ADA still prescribes standards applicable to the States. Those standards can be enforced by the United States in actions for money damages, as well as by private individuals in actions for injunctive relief under Ex parte Young, 209 U. S. 123 (1908). In addition, state laws protecting the rights of persons with disabilities in employment and other aspects of life provide independent avenues of redress. See n. 5, supra." ==== So it does not look *all* bad, though it is, in my opinion, still a major *travesty*, as is evidenced by the all too commonplace 5-4 split along ideological lines, but at least it appears as though Title II remains unscathed, and one's right to seek injunction against (or the Federal government's right to sue) a State, under under Title I, remains unscathed as well ... The opinion is located at: http://www.supremecourtus.gov/opinions/00pdf/99-1240.pdf see: http://wire.ap.org/APnews/main.html?PACKAGEID=scotus for the AP News Story ... Sincerely Yours, -- Pat S & Phoenix - SD Team <--> "Deaf people can do anything but hear." - Gallaudet University President - I. King Jordan <--> http://www.nad.org/ http://www.nfsd.com/ http://home.att.net/~volodia/mass-aa/index.html <--> ----- Original Message ----- From: Jim Johnson To: [log in to unmask] Sent: Wednesday, February 21, 2001 11:35 AM Subject: Alabama vs Garret Wednesday February 21 10:28 AM ET Justices Limit Disability Law By LAURIE ASSEO, Associated Press Writer WASHINGTON (AP) - The Supreme Court limited the reach of the Americans With Disabilities Act, ruling Wednesday that state workers cannot file employment-discrimination lawsuits against their employers under the federal disability-rights law. <snipped>