ADA News No. 173 July 28, 2008
ADA News
Disabilities Law, News & Perspective
Patrick H. Bair - Editor
Number 173 July 2008
Items regarding disabilities, disabilities law and the Americans
with Disabilities Act which may be of interest to you. Please share this
information with colleagues, supervisors and subordinates. This is a
free publication available in electronic and printed format to anyone
who is interested. Subscription requests, comments, contributions or questions, including requests for
accommodations needed to receive or apprehend this publication, should be addressed to Patrick H. Bair,
Editor. The views and opinions expressed herein are solely those of the editor, except where noted, and
do not represent the views of the Office of Chief Counsel or the Department of Environmental Protection.
Recent issues of this newsletter can be found online on the Department website. All past issues of this
publication are archived on the DEP internal website.
UNCLAIMED DISABILITY MAY NEVERTHELESS REQUIRE ACCOMMODATION -
An employer has a duty to reasonably accommodate an employee’s disability where
the disability is obvious even though the employee did not request an accommodation,
according to a recent decision by the U. S. Court of Appeals for the Second Circuit ( VT,
NY, CT). The case involved a man with cerebral palsy who was hired by Wal- Mart to
work in the pharmacy of one of its retail stores. From the beginning, his supervisor, in
the pharmacy was unhappy with his work, complaining about his work rate and ability
to perform, although he had done similar work in a prior job. After the supervisor, who
stated that she “ knew there was something wrong” with the man, refused to schedule
him to work, he was reassigned to collect shopping carts in the store parking lot. When
he complained, he was reassigned to the store’s food section, but was never offered
his former job in the pharmacy. In frustration, the man quit and subsequently filed suit
against the store for constructive discharge, disability discrimination and failure to
accommodate. A jury found in his favor on a majority of his charges, awarding him
over $ 2.5 million, and the defendants appealed. The Appellate Court affirmed, finding
that Wal- Mart and the man’s supervisor had discriminated against him based on his
disability in reassigning him from the store pharmacy. The defendants argued that the
man had never declared himself to be a person with a disability, nor requested a
reasonable accommodation, and therefore his claim must fail. The Court thought
otherwise. “ A situation in which an employer perceives an employee to be disabled but
the employee does not so perceive himself presents an even stronger case for
mitigating the requirement that the employee seek accommodation,” wrote Circuit
Judge Calabresi, for the Court. “ In such situations, the disability is obviously known to
the employer, while the employee, because he does not consider himself to be
disabled, is in no position to ask for an accommodation. A requirement that such an
employee ask for accommodation would be tantamount to nullifying the statutory
ADA News No. 173 - 2- July 28, 2008
mandate of accommodation for one entire class of disabled ( as that term is used in the
ADA) employees. We therefore hold that an employer has a duty reasonably to
accommodate an employee’s disability if the disability is obvious— which is to say, if the
employer knew or reasonably should have known that the employee was
disabled… Accordingly, Wal- Mart was obligated to engage in [ an] interactive process.
Wal- Mart failed to engage in this process, and therefore the district court was correct
in declining to grant judgment as a matter of law on the failure to accommodate
claim.” Brady V. Wal- Mart Stores, Inc., CA2, No. 06- 5486- cv, 7/ 2/ 08.
ART TEACHER SAYS DISTRICT VIOLATED ADA ( by Chris Parker, The Morning Ca, ll
7/ 11/ 08) - An East Stroudsburg Area School District art teacher is suing the district for
more than $ 100,000, saying it violated the federal Americans with Disabilities Act by
requiring her to submit medical reports every three months for 12 years and treated
her unfairly because of her bipolar disorder. Aynne M. Polinski of Canadensis, an art
teacher at J. T. Lambert Intermediate School 30 years, filed the suit June 27 in U. S.
District Court in Scranton. In it, she says the “ oppressive, burdensome, harassing and
humiliating” quarterly reports were required after she experienced an episode in 1993.
It says the reports are required only from employees with psychological disabilities and
the district used the reports to try to get her to quit.
PTSD MAY BE DISABILITY SAYS DC COURT - The U. S. District Court for the D. C.
Circuit issued a decision this month in which the Court found that a man who was
forced to resign from the FBI New Agent Training Unit when his superiors learned that
he had been diagnosed with post- traumatic stress syndrome ( PTSD) is a person with
a disability under the Rehabilitation Act, and may pursue his lawsuit against the
agency. Although the man performed well in his FBI classes, he struggled to deal with
a traumatic even that had happened to him two years before he entered the academy.
Despite his training success, his “ fortunes at the FBI took a turn for the worse” after
he met with his supervising agent and revealed his diagnosis. He was informed that he
would not be graduating with his class and, despite a recommendation from an EAP
physician that the man would “ make a fine agent,” his supervisors found him not
suitable for appointment as an agent and he was dismissed. The man sued under the
Rehabilitation Act, claiming that his PTSD was a disability that substantially limited the
major life function of sleeping. His claim was dismissed by the trial court and he
appealed to the Circuit Court. The Appellate Court initially decided that sleeping is a
major life function under the Act ( even quoting Shakespeare in support), found that
a reasonable jury could find that he was substantially limited in that function, reversed
and remanded th case for further proceedings. Desmond v. Mukasey and FBI, CA DC,
No. 07- 5139, 7/ 1/ 08.
DISABILITIES WEBSITE OF THE MONTH - Continuing on with our “ summer
vacation” theme, presented this month is National Parks: Accessible to Everyone.
“ National Parks have been set aside for all to experience and appreciate, and each of
the over 276 million visitors to the parks finds their own meaning and value in a
personal way. But what about visitors with special needs – are they given the same
opportunities to experience and appreciate the National Parks? The answer to that is
ADA News No. 173 - 3- July 28, 2008
- in most cases – Yes. National Park units are constantly moving forward to provide
trails, campgrounds, museum exhibits, ranger programs, and other visitor
opportunities for visitors with disabilities. The National Park Service has developed and
made available a web site to aid visitors with disabilities and special needs to find
accessible trails, programs, activities, and other features at national park units
nationwide. It is hoped that we can assist visitors and their families and friends in
travel planning to the NPS site of their choice. Visit the National Parks: Accessible to
Everyone website at http:// www. nps. gov/ pub_ aff/ access/ index. htm to learn about
what opportunities are available in parks for visitors with disabilities and special
needs.”
CONGRESS AIMS TO EXPAND THE ADA ( by Marcia Coyle for The National Law
Journal, 7/ 21/ 08)) - Nearly a decade after a series of employment decisions by the
U. S. Supreme Court left countless plaintiffs outside the protections of the landmark
Americans With Disabilities Act, Congress appears on the verge of undoing much of the
high court's handiwork. The ADA Amendments Act of 2008, recently approved by an
overwhelming House vote, is the culmination of a remarkable joint effort by disability
advocates, business community leaders and members of Congress.
AREA CALENDAR -
ADA and Website Accessibility; 9: 00 a. m. – 12: 00 p. m. and 1: 00 – 4: 00
p. m. ET, August 5 and August 13, 2008; telephone or via webcast, or participate
in person at Doubletree Hotel Crystal City, Arlington, VA; in website accessibility
cases courts have reached different conclusions as to whether websites are
covered under the ADA; session will discuss recent legal developments and their
potential implications; for more information and registration, see the conference
website
Reinventing Quality Conference; August 11- 12, 2008; Renaissance
Baltimore Harborplace Hotel, Baltimore, MD; conference is for people with
developmental disabilities, family members, direct support professionals,
administrators of community support agencies, advocates, state and federal
officials; featuring numerous agencies that have implemented person- centered
planning and individualized support structures to assist people in living the lives
they desire; themes and sessions are designed to support state and local efforts
to develop a lasting structure to implement and sustain innovations in
person- centered support; register for the conference here; download conference
brochure here
Y ork Revolution Deaf Awareness Day; 7: 00 PM, August 29, 2008; York
Revolution Stadium, York, PA; the York Revolution and The Deaf Center
presents “ Deaf Awareness Day,” York Revolution vs. Lancaster Barnstormers;
for DEAF SECTION tickets contact the Deaf Center at VP/ TTY: 717- 848- 6765,
FAX: 717- 854- 0806 or Voice: 717- 845- 7022
ADA News No. 173 - 4- July 28, 2008
Dayton Deaf Awareness Day; 9 a. m. to 5 p. m., September 13, 2008; The
Nutter Center, Dayton, OH; Deaf Awareness Committee welcomes you to
Dayton Deaf Awareness Day; event and parking is free; for more information,
contact the Deaf Awareness Committee
1st Annual International Autism Summit - October 10- 12, 2008;
Renaissance Cleveland Hotel, Cleveland, Ohio; hear world class leaders – parent
advocates, doctors, educators – address the latest issues on Autism and
Asperger’s Syndrome; interact with our extraordinary speakers and workshop
leaders; network and share experiences with others like you; find unique new
national and local Autism and Asperger’s resources; for more information visit
the conference website
20th Anniversary UCP- Philadelphia Fantasy Auction; November 8, 2008;
Hilton Hotel, City Avenue, Philadelphia, PA; more than 450 guests are expected
for a glamorous night of delicious food, dancing, and the chance to bid on
hundreds of spectacular auction items; Evelyn R. Tabas will be presented with
the 2008 UCP Lifetime Achievement Award for her more than 20 years of
dedication and commitment to the organization; if you would like further
information about this event, please call the UCP Development Department at
215- 242- 4200, ext. 289 or email seucp@ ucpphila. org; see what you missed last
year by visiting the 2007 Fantasy Auction Photo Gallery
PA Office of Deaf & Hard of Hearing ( ODHH) Deaf Town Meeting; 6: 30
p. m to 8: 30 p. m., November 10, 2008; Ramada Inn, 1170 W. Chestnut,
Washington, PA; ODHH Representative Kenneth Puckett
STATE DEPARTMENT TOLD ( AGAIN): DISABILITY NOT A DISQUALIFIER - In
a lawsuit brought under the Rehabilitation Act after a foreign service candidate passed
her required entrance examination but was disqualified because she had been
diagnosed with breast cancer, the U. S. District Court for the D. C. Circuit reversed
summary judgment for the defendant this month. After learning about her diagnosis,
the U. S. State Department had expressed concern that treatment would not be
available at some foreign postings. ( The Department requires that a foreign service
officer be available for posting anywhere in the world.) In her complaint, the candidate
alleged that surgery had rendered her cancer- free, not requiring any specialized follow-up
treatment. The trial court granted summary judgment to the Department without
allowing any discovery, concluding that the candidate did not have a present disability,
or a record or history of a disability. The Appellate Court reversed. The Court found
that sexual relations qualify as a major life activity under the Act; concluded that the
candidate’s breast cancer qualifies as a disability because it amounted to a physical
impairment that substantially limited her in a major life activity; and rejected the
government’s argument that an employer cannot be held liable unless it knows not
only about the history of impairment but also how that impairment substantially limited
a major life activity. Adams v. Rice, CA DC, No. 07- 5101, 7/ 18/ 08. ( Does this scenario
sound familiar to anyone else?)
ADA News No. 173 - 5- July 28, 2008
SEIZURE- ALERT DOGS, OWNERS WILL NOW GET EQUAL ACCESS ( by Len
Lazarick for The Examiner) BALTIMORE - Paul Griffin and Suzanne Levin hope going
to restaurants and stores with their son, Jake Griffin, will become more hassle- free,
now that Governor Martin O’Malley has signed a new law that will permit Jake’s service
dog, Sienna, to accompany them. Jake, 5, has epilepsy, and Sienna has been trained
to sense when he is having a seizure. “ The dog only barks if he’s having a seizure,” in
which Jake “ turns blue and stops breathing,” Levin said. “ While we had the right to
take the dog anywhere” under the federal Americans With Disabilities Act,
“ enforcement was difficult,” Paul Griffin said. Maryland law only allows the use of
service animals for the blind, deaf, hard of hearing or mobility impaired. But when the
new law takes effect October 1 , the same rights st will apply to people with mental
disorders such as epilepsy and autism, including children and the parents of these
children. “ I never knew that dogs could be useful with epilepsy,” said state Senator
Jennie Forehand, D- Montgomery, who introduced the bill on behalf of the Silver Spring
family. A House version of the measure introduced by Delegate Henry Heller ,
D- Montgomery, was enacted and signed as well. “ I thought it might be difficult to
pass,” Forehand said. But the appearance of a shy Jake and docile Sienna at the
February hearing cinched the deal. “ You could tell that he and the dog had an obvious
relationship. It was really heartwarming,” Forehand said. “ I knew right after the
hearing that it was going to pass.” The family got the dog from an Ohio group called
4 Paws for Ability, which provides the animals to many adults and children with
disabilities, including those with seizure disorders. The organization believes the dogs
can sense an oncoming seizure by smelling chemical changes that precede the event
or noting minor behavior changes that signal a seizure. The dogs also may have a
calming effect on their human partners.
AROUND THE WORLD - Hilary Lister, Quadriplegic, Sails Around Britain Solo
( by Karen Darke, Disaboom) - “ Disability is a state of mind, not a state of body”
someone once said to me, and Hilary Lister is a great example of that. Hilary is
quadriplegic, due to a degenerative disease which gradually limits the use of her body
as she gets older. Now 36, Hilary has embarked on a personal dream of sailing around
Britain. Hilary set out from the port of Dover, in southeast England, on the 16th June
2008. She anticipates that the journey, travelling clockwise around Lands End, out to
the east coast of Ireland, and through the great Caledonian Canal of Scotland before
heading south back to Dover, will take 3- 4 months, weather dependent. Incredibly,
Hilary is sailing solo, accompanied by a safety boat which tows her into port at the end
of each leg, then returning her to the exact GPS position the next day. Without the use
of her arms, she is sailing the boat using a ‘ sip and puff’ system of sucking and blowing
through straws to control the sails and tiller. This is a system already proven after she
successfully sailed solo across the English Channel to France in 2005 and around the
Isle of Wight in 2007. Hilary only discovered sailing in 2003, so has progressed with
the sport in giant leaps. She kindly shared some insights into her love of sailing, in
mid- action during her Around Britain dream. I wondered how Hilary had progressed
so quickly into sailing around Britain solo. " I only sailed myself for the first time in
2005. Before that I was just a passenger. I’m still very much a beginner, but I learn
a huge amount every time I go out, both from making my own mistakes and learning
ADA News No. 173 - 6- July 28, 2008
from my team.” What is it that she loves about sailing so much? “ The freedom. Once
you’re cast off, everything gets left behind, including my disability. I think all
sea- lovers are attracted to the same thing – there is just something about being on
the water that gives you a freedom you don’t get anywhere else.” How has a sport
which is traditionally quite expensive been accessible? “ I’ve been incredibly lucky. I
attended the Boat Show in 2005, and met some great people, which led to my first
sponsor - Pindar - who have been incredibly supportive ever since. That led onto
meeting the company Artemis, who gave me my current boat and paid for all the
adaptions. Although it is still early in her journey around Britain ( Hilary was in
Lymington on the south coast of England when I spoke to her), what have the highs
and lows of the trip been so far? “ The high points have definitely been the night
sailing, and the more challenging weather conditions I’ve been exposed to. The low
points are being stuck in one place, like now, due to weather and boat problems. But
the team are keeping each other going – I feel like, in the team, I have a slightly
nutty, but very lovely family that I’m extremely proud to be part of.” And some wise
words from Hilary: “ Try and live your dreams. Aspire to things that other people might
feel are beyond you, but which you feel are somehow achievable.” I wanted to ask
Hilary if she ever runs out of breath, but the ocean waves were already calling. You
can read all about Hilary’s journey and progress, and her efforts to raise money for her
charity ‘ Hilary’s Dream Trust’, at www. hilarylister. com.
PA SENATE PASSES AMENDED AUTISM BILL ( by Matthew Spolar for The
Patriot- News, 6/ 30/ 08) While the State Senate on Sunday approved a bill to have
insurance companies cover autism treatments for those under 21, the legislation's
sponsor said the measure has been gutted to the point where he will no longer support
it. Though the Senate voted 49- 1 to approve requiring insurance companies to pay up
to $ 36,000 for autism treatment, the amended version dropped a requirement to have
companies pay when “ medically necessary,” along with the definition of the term.
Without that language, according to the bill's sponsor, House Speaker Dennis O’Brien,
R- Philadelphia, insurance companies would have a loophole to deny claims. “ By virtue
of those changes, I have been put in the terrible position that I cannot and will not
support my own bill in its current form,” said a statement from O’Brien, who has a
nephew with autism. On the Senate floor, Banking and Insurance Committee Chairman
Don White, R- Armstrong, responded to criticism of his committee's amendments by
noting that Autism Speaks, a national advocacy organization, called the bill the “ best”
among the 14 states with legislation protecting autistic children. Senator Jane Orie,
R- Allegheny, who is co- chairwoman of the Legislative Autism Caucus, said no other
state has included language defining “ medically necessary” conditions. She said the bill
includes an expedited process that gives families the chance to appeal decisions by an
insurance company within two days. “ Pennsylvania will become a national model, a
gold standard for treatment of families and children with autism,” Orie said. O’Brien’s
spokesman, Bill Patton, said the appeals process simply would let families know faster
that they've been denied coverage. Patton said O’Brien hopes to amend the bill again
this week. If the House passes the current bill, the measure would have to be signed
by Governor Ed Rendell, who also opposes it. “ It gives the insurance companies an
escape clause for taking responsibility for the care of autistic kids,” said Chuck Ardo,
ADA News No. 173 - 7- July 28, 2008
Rendell's spokesman. “ We see it as a step backward, not forward.” ( Governor Ed
Rendell signed the amended bill in a Hershey ceremony on July 9th.)
RESOURCES - Some disability/ employment- related resource material recently added
to the catalog. Publications from the Equal Employment Opportunity Commission
( EEOC) can be ordered at http:// www. eeoc. gov/ publications. html, or by calling 1- 800-
514- 0301( V) or 1- 800- 514- 0383( TTY).
The June edition of the National Council on Disability Monthly Bulletin is now
available online. The Bulletin, which is free of charge and available at NCD’s
award- winning Web site, brings you the latest issues and news affecting people
with disabilities.
The July 2008 edition of the NCPAD News, the newsletter of the National
Center on Physical Activity and Disability ( NCPAD) includes articles about sports,
athletics and people with disabilities. The monthly newsletter is available by free
subscription, and on the web at http:// www. ncpad. org/ newsletter .
News and Notes is the monthly newsletter of The Family Center on Technology
and Disability. The newsletter is devoted to a different topic each month. The
June/ July 2008 edition contains information about Inclusive Tourism and AT.
The latest edition of the bi- monthly newsletter of the ADA& IT Information
Center for the Mid- Atlantic Region, is now available online with disability- related
resources, news, and many other items of interest.
The latest edition of In Focus, the newsletter of the U. S. Department of Labor ,
includes up- to- the- minute news about the Department and the Secretary of
Labor.
UCPeople is a weekly newsletter written by and for UCP affiliates.
AUCDigest is a monthly newsletter that highlights the news, initiatives, and
events occurring throughout the American University Centers on Disability
( AUCD) Network and the disability community. It also includes news from the
AUCD National Office, including a regular message from the president of AUCD,
funding opportunities, and employment opportunities. The latest edition is
available online.
Download the latest edition of UCP’s weekly Capitol Insider and read about
what is happening in disability public policy in Washington, DC.
Legislative News InBrief is a weekly publication of AUCD, available online
HERE.
ADA News No. 173 - 8- July 28, 2008
The PA Legislative Budget and Finance Committee has released a study on The
Feasibility of Limiting Polling Places to Handicapped Accessible Schools
and Government Buildings.
Notice of Proposed Rulemaking ( NPRM): Proposal to Revise ADA
Regulations under Title II and Title III - On May 30, 2008, Attorney
General Michael B. Mukasey signed proposed regulations to revise the
Department’s ADA regulations, including its ADA Standards for Accessible
Design. On June 17, 2008, the proposed regulations were published in the
Federal Register. The proposed regulations consist of a notice of proposed
rulemaking to amend the ADA regulation for State and local governments, a
notice of proposed rulemaking to amend the ADA regulation for public
accommodations and commercial facilities, a Regulatory Impact Analysis, and
two supporting appendices.
DisabilityInfo. gov contains comprehensive information on issue areas
including employment, benefits, housing, transportation, health care, education,
civil rights and technology. Over the past couple of months more than 2,000
new links to state- level resources have been added to DisabilityInfo. gov. The
site’s State and Local Resources Map, and its now enhanced content, makes it
easier for visitors to find help in the states and communities where they live and
work. The State and Local Resources Map is located in all nine of the site’s key
subject areas, and lets visitors search for, and subscribe to receive,
disability- related information from all states and territories.
My Country is a new one- hour documentary in which symphony conductor
James DePreist, who contracted polio as a young man, profiles three people with
disabilities whose lives have been shaped by the struggle for equal rights. Mr.
DePreist is the nephew of African American contralto Marian Anderson, who in
1939 was prevented from singing at Constitution Hall. In the video, DePreist
draws parallels between racial barriers and the barriers faced by people with
disabilities. View the documentary using Quick Time or RealPlayer viewer.
Settlement Agreement Between the United States of America and
Kanawha County Public Library Board, West Virginia under the
Americans with Disabilities Act - The Justice Department announced July
10th a settlement agreement with West Virginia’s Kanawha County Public Library
Board under the Americans with Disabilities Act. The agreement, marking the
Department’s 157th such agreement, was signed as part of Project Civic Acces, s
the Department’s nationwide initiative that has broadened opportunities for
more than 3 million Americans with disabilities by bringing government entities
into full compliance with the requirements of Title II of the ADA. Links to the
Agreement and an accompanying Press Release are available.
Settlement Agreement Between the United States of America and
Educational Management Corporation ( Pittsburgh, PA) under Title III
ADA News No. 173 - 9- July 28, 2008
of the Americans with Disabilities Act - This Agreement is based upon a
compliance review of physical accessibility for individuals with disabilities at
Brown Mackie college campuses ( which are owned and operated by Educational
Management Corporation under Title III of the Americans with Disabilities Act
and the Department of Justice’s implementing regulation and the ADA Standards
for Accessible Design.
For Disability Law Group Interns, It's Personal ( by Petra Pasternak for The
Recorder) - All three of this summer’s interns at Berkeley, California’s Disability Rights
Advocates have lived with a significant disability, an experience they say has helped
shape their career aspirations and steered them toward disability rights advocacy.
Rebecca Williford, a University of North Carolina School of Law student with
Dysautonomia, a chronic neurological and cardiovascular disorder, says she would love
to land a public interest fellowship in disability rights impact litigation. More HERE.
LITTLE TO CHEER ABOUT ON ADA ANNIVERSARY ( commentary by Frederick A.
Shotz) - I am the grinch who stole the celebration of the Americans with Disability Act.
While there are parties in cities around the country ( celebrating the signing into law
of the Americans with Disability Act on July 26, 1990) I believe that we have nothing
to celebrate. There are tens of thousands of cities in this country where nothing has
been done to make the government buildings or the public right of way accessible.
That work was supposed to have been completed in 1995. There are thousands of
courthouses in the United States that are not accessible in spite of the decision of the
Supreme Court of the United States in Tennessee v. Lane. We have nothing to
celebrate! There are millions of businesses that are open to the public ( places of public
accommodation) that are not accessible. The owners of all of these businesses were
required to be accessible by this date in 1992. Most have done nothing. We have
nothing to celebrate! People who are deaf are ignored by businesses and governments
every day. Try to use the drive- thru at a Wendy’s or go to the pharmacy counter in a
Walgreens if you are deaf and see how much the ADA has helped. Physicians still
refuse to pay for sign language interpreters for patients who are deaf. Concert
promoters still refuse to pay for sign language interpreters for patrons who are deaf.
We have nothing to celebrate! Ask a person who is blind about how they cross the
street. In spite of available technology far less than 1 percent of intersections that
provide visual pedestrian crossing signals have audible signals for people who are
blind. With about the only Braille signage being on restroom doors, and with almost
no restaurants in the county providing menus in Braille why should people who are
blind bother learning to read Braille? Just try to get a government document from a
city, county or state in Braille. It is like asking the wall to do something for you. We
have nothing to celebrate! Ask a person who is blind how much he/ she enjoys surfing
the Internet. After you learn how inaccessible most Internet sites are, including many
government Web sites, you will agree that we have nothing to celebrate. Try going out
for a day in a wheelchair and while out try using a restroom in a store or restaurant.
In far more than 75 percent of the stores and restaurants across the country a
wheelchair user cannot get into the restroom or if the door is wide enough will not be
able to use the toilet due to lack of floor space to get to the toilet, lack of grab bars,
ADA News No. 173 - 10- July 28, 2008
too low toilet seats, etc. Wheelchair users often have to get to the edge of dehydration
when going out because drinking fluids means needing to use a toilet and that is too
often just not possible. We have nothing to celebrate! People with disabilities due to
intellectual impairments are treated rudely and without sensitivity, constantly. A
30- year- old woman who is intellectually impaired can’t even order her own hamburger
in a Wendy’s because they won’t give her the time she needs to order. We have
nothing to celebrate! The Bush Administration has filled the federal courts with judges
that do not support the rights of people with disabilities and who rule against us over
and over, ignoring the intent of Congress. We have nothing to celebrate! The Supreme
Court has never been our friend but now it is worse. The Chief Justice was the lawyer
who represented Toyota in the Toyota v. Williams case. That case, more than any
other case, took ADA protection away from people, millions of people, who Congress
intended to protect. We have nothing to celebrate! The newest Supreme Court Justice
has a substantial record of opposing civil rights in general. Even when he voted ( as an
appeals court judge) in favor of an issue in an ADA case, his vote on another issue in
the same case took back more than he gave. His vote will easily take the 5- 4 majority
that we have had in some cases ( such as Tennessee v. Lane) and reverse it to 4- 5 so
that we can lose every ADA case that goes to the Supreme Court. We have nothing to
celebrate! I will make the same suggestion to all of you that I made last year and the
year before. Today, on the 17 anniversary th of the ADA, file a lawsuit against a
business or a local government for their continued violations of the ADA. If every
person with a disability who has standing under the ADA filed just one lawsuit today
we would get the attention of every TV station and every newspaper in the country and
businesses and local governments might figure out the game of ignoring our rights is
over. If you don’t know how to enforce the ADA, if you can’t find a lawyer to represent
you, if you don’t know how to file a pro se case in the absence of a lawyer, then join
All Disabled Americans, Inc. We will help you figure out how to enforce the ADA.
Celebrate the 17th anniversary of the ADA by personally enforcing the ADA. That would
be a real celebration! Frederick A. Shotz is president of the nonprofit All Disabled
Americans, Inc., and a consultant.
COMING UP NEXT MONTH - Coming up next month: National Immunization
Awareness Month, Eye Injury Prevention Month, Cataract Awareness Month, Children’s
Eye Health & Safety Month, Medic Alert Month, National Pain Awareness Month,
Psoriasis Awareness Month, Spinal Muscular Atrophy Awareness Month, Neurosurgery
Outreach Month, Amblyopia Awareness Month, National Medicine Abuse Awareness
Month; August 1- 7 is World Breastfeeding Week, 4- 10 is Responsible Gaming
Education Week, 10- 16 is National Health Center Week and National Health Center
Week; August 1st is National Minority Donor Awareness Day, the 3rd is National Kids
Day, the 5th is National Night Out: America’s Night Out Against Crime, the 12th is
International Youth Day, the 23rd is Health Unit Coordinator Day and International Day
for the Remembrance of the Slave Trade and its Abolition, the 26th is Women’s Equality
Day.
