Disability Victory Hinged on 5-4 Supreme Court Balance

Disability Victory Hinged on 5-4 Supreme Court Balance

May 20, 2004

By NOW Staff

In a 5-4 ruling enforcing the Americans with Disabilities Act (ADA) against a government entity, Justice John Paul Stevens said on Monday that previous government efforts have failed to adequately remedy "a pattern of unequal treatment in the administration of a wide range of public services, programs, and activities, including the penal system, public education, and voting."

The lawsuit, Tennessee v. Lane, was brought against the state of Tennessee by residents who alleged state violations of the ADA, including one man who was forced to drag himself up two flights of stairs to attend a court hearing because a county courthouse was not accessible. After refusing to repeat this action for his second hearing, and explaining his situation to the judge, he was arrested for failing to appear in court.

"People with disabilities share the dream of full equality, economic and personal independence, educational and employment opportunity, reproductive freedom and full participation in society—and this decision brings us one step closer," said NOW President Kim Gandy. "Women living with disabilities face multiple forms of discrimination, making it even harder to achieve their goals. This is a step toward breaking down these barriers."

The Americans with Disabilities Act (ADA), passed in 1990, requires certain accommodations for people with disabilities, but in past cases the courts have limited the ability of individuals to enforce those rights against state and local governments, which often claim immunity from suit under the 11th Amendment to the Constitution.

The key swing vote for the majority was cast by moderate-conservative Justice Sandra Day O'Connor. It has been widely reported that Justice O'Connor, often the critical fifth vote in support of legal abortion and civil rights, may retire soon.

"This is another bittersweet victory," said Gandy, "because it is so tenuous. With our civil rights and liberties hanging by a single vote in the Supreme Court, it is only by our voting in November that we can ensure O'Connor's replacement will be a justice who supports equal rights."

More information on NOW and Disability Rights: http://www.now.org/issues/disability/disability.html