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Garrett vs. Alabama and the Disabled Community vs. the United States Supreme Court. Wednesday February 21st 2001 will be a day to remember for the disabled community as a whole. On that day, the United States Supreme Court limited the reach of the American with Disabilities Act (ADA) by saying that state workers can not file employment discrimination lawsuits against their state employers under the ADA. It was a close ruling, 5-4. The majority 5 was Justices Rehnquist, O’Conner, Scalia, Kennedy and Thomas. The minority 4 (those appearing to be sensitive to the disabled community) were Justices Stevens, Souter, Ginsberg and Breyer. The 5-4 ruling is a further cutback of the federal government’s power over the states as the ruling said that Congress exceeded its authority when it let state workers file such claims under the 1990 law. This decision overturned an Appeals’ court decision to allow Patricia Garrett and Milton Ash to sue over alleged bias in their state jobs. The Court ignored pleas from former president George Bush Senior who signed the ADA into law in 1990. Other prominent figures such as Orrin Hatch also made pleas to the Court. This decision although expected by the disabled community non-the less is very saddening. The American Association of People with Disabilities (AAPD) on Wednesday states "Our highest court today has weakened a civil rights law that protects more thank 56 million Americans from egregious discrimination at the hands of State employers, said Andrew Imperato, AAPD’s president and CEO. Today’s decision is the latest in a series of rulings where a narrow majority of the Court is whittling away at the civil rights of all Americans in the name of States’ rights". The Disability Rights Education and Defense Fund, Inc. (DREDF), the country’s leading dis-ability civil rights organization, expressed dismay at Wednesday’s Supreme Court decision limiting the enforcement of Title 1 of the 1990 ADA. Mr. Mayerson of DREDF states that "the majority decision sets a new low in equal protection law. A state can exclude persons with disabilities based on negative attitudes and fear and still not violate the 14th Amendment guarantee of equal protection of the law". Jonathan Young wrote, "Basically, this decision means that individuals cannot sue states for monetary damages for employment discrimination based on disability". If you are interested, both the majority and minority decisions can be found at http://www.supremecourtus.gov/opinions/00pdf99-1240.pdf. Attorney Amy Robertson, of the Denver law firm Fox and Robertson, drafted this important document at the request of Julie Reiskin and the Colorado Cross Disability Coalition. Ms. Robertson states "that the Supreme Court’s decision did one thing: It held that lawsuits under Title 1 of the ADA for damages against states are unconstitutional. With this exception, the ADA is very much alive, even against states and other public entities. Title 2 of the ADA was not affected by this decision and individuals can still sue for injunctive relief and damages under that part of the statute. Even under the rationale of the Garrett decision, individuals can still sue for injunctive relief-that is, an order requiring a state to comply with the ADA and individuals can still sue local governments and other non-state public entities both for injunctive relief and for damages. The decision only covers Title 1". It is very understandable that our community is saddened, angered and disgusted. We must all come together to form a united voice and not be splintered. On Thursday Feb. 22nd, many of the disability advocate organizations are already meeting to plan strategy for the future. We can not be discouraged. We must move forward and hold society accountable. Contact your local and state government officials and let them know how you feel about this decision. Also, let President Bush know how you feel. Write to him at The White House 1600 Pennsylvania Avenue NW Washington, DC 20500. You can also leave a phone message at V-202-4561414, TTY/TTD: 202-456-6213 Comment Line, Fax: 202-456-2461. The White House E-Mail Addresses: president@whitehouse.gov, vice.president@whitehouse.gov, first.lady@whitehouse.gov and mrs.cheney@whitehouse.gov. Please do not sit idly by. Be proactive in our future. |
