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Supreme Court Agrees To Decide If States Must Obey Disability Law
By Dave Reynolds, Inclusion Daily Express
April 18, 2000

WASHINGTON, DC -- Yesterday, the Supreme Court agreed to hear the case of Garrett vs. University of Alabama, which may determine whether Congress exceeded its power by giving state employees the right to sue in federal court under the Americans with Disabilities Act. Disability rights advocates worry that a decision against the plaintiffs in the case would effectively weaken protections under the ADA.

In 1992, Patricia Garrett was promoted to Director of OB/GYN/Neonatal Services at the University of Alabama after being on the staff for 15 years. Two years later, Garrett was diagnosed with breast cancer for which she underwent surgery, radiation and chemotherapy treatment. While completing her therapy, her employer threatened to transfer her out of her position, claims Garrett. When she returned from medical leave, she was demoted to a job with less responsibility, and less pay.

Garrett sued, alleging that the university discriminated against her because of her disability, in violation of the Americans with Disabilities Act and the Rehabilitation Act of 1973. She also claimed that her demotion was a retaliatory act, therefore violating the Family Medical Leave Act.

In what is becoming a familiar scenario, the state of Alabama contended that states are immune to this kind of lawsuit. Citing the Eleventh Amendment, Alabama reasoned that Congress does not have the authority to impose upon the states laws such as the ADA. Last year, the 11th Circuit Court of Appeals sided with the State of Alabama. Garrett, and another litigant whose suit against the Alabama Department of Youth Services was combined with hers, planned to bring the case to the high court earlier this year.

Two similar cases, which the U.S. Supreme Court had agreed to hear this session, were settled out of court in late February. It had been anticipated that the court might agree to substitute the Garrett case for one of them, but that did not happen.

A decision is expected sometime in 2001.

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Advocates Urged To Show Support For ADA
By Dave Reynolds, Inclusion Daily Express
July 31, 2000
UNITED STATES--In October, the U.S. Supreme Court will use a suit filed against the University to Alabama by a former employee to decide the constitutionality of the Americans with Disabilities Act. Disability rights advocates worry that a decision against the plaintiffs in the case of Garrett v. University of Alabama would effectively weaken protections under the ADA. With an upcoming deadline looming, grassroots advocacy groups are asking people with disabilities and advocates to demonstrate their support of the law.

In 1992, Patricia Garrett was promoted to Director of OB/GYN/Neonatal Services at the University of Alabama after being on the staff for 15 years. Two years later, Garrett was diagnosed with breast cancer for which she underwent surgery, radiation and chemotherapy treatment. While completing her therapy, her employer threatened to transfer her out of her position, claims Garrett. When she returned from medical leave, she was demoted to a job with less responsibility -- and less pay.

Garrett sued, alleging that the university discriminated against her because of her disability in violation of the Americans with Disabilities Act and the Rehabilitation Act of 1973. She also claimed that her demotion was a retaliatory act, therefore violating the Family Medical Leave Act.

The state of Alabama has maintained that states are immune to this kind of lawsuit. Citing the Fourteenth Amendment, Alabama reasoned that Congress does not have the authority to impose laws such as the ADA upon the states. Last year, the 11th Circuit Court of Appeals sided with the State of Alabama.

Last week, the attorneys general for the states of Maryland and Illinois announced that they will join Arizona, Missouri, Washington, New York and Minnesota, which wrote what is called an "amicus brief" showing support for the ADA. The states of Ohio, Tennessee, Arkansas, Idaho, Nevada and Nebraska have reportedly signed on to an amicus brief, written by the state of Hawaii, opposing the ADA and supporting Alabama's position.

Advocates are being encouraged to contact the attorney general's office in their own state to let them know their position. The deadline for joining the amicus supporting the ADA is August 7.

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Massachusetts Joins "Friends Of The Court" Brief
By Dave Reynolds, Inclusion Daily Express
August 4, 2000

BOSTON, MASSACHUSETTS--"The Americans with Disabilities Act has opened many doors which were previously closed to individuals with disabilities," said Massachusetts Attorney General Tom Reilly yesterday as he announced that his office will sign a "Friend of the Court" brief, otherwise known as an "amicus", supporting the ADA in an upcoming U.S. Supreme Court case.

Massachusetts joins eight other states in showing support of the ADA in the case of Garrett v. University of Alabama, which is scheduled to be heard by the high court in October. The other states that were confirmed as of Thursday are Minnesota, Arizona, Illinois, Maryland, Missouri, New York, Vermont and Washington. Indications are that New Mexico may also join the amicus that was written by Minnesota's attorney general.

The case stems from Patricia Garrett a nurse who sued her employer, the University of Alabama, after being demoted following treatment for breast cancer. Garrett claims that the university discriminated against her because of her disability in violation of the Americans with Disabilities Act and the Rehabilitation Act of 1973. She also claimed that her demotion was retaliatory in nature, therefore violating the Family Medical Leave Act.

The Alabama attorney general has argued that people should not be allowed to sue states for damages in federal court, and that Congress overstepped its bounds in passing the ADA. The states of Ohio, Tennessee, Arkansas, Idaho, Nevada and Nebraska have reportedly signed on to an amicus brief, written by the state of Hawaii, opposing the ADA and supporting Alabama's position.

Advocates are being encouraged to contact the attorney general's office in their own state by Monday, the deadline for filing on the amicus, to let them know their position.

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ADAPT Criticizes Governor George Bush For Not Supporting ADA
By Dave Reynolds, Inclusion Daily Express
August 14, 2000

AUSTIN, TEXAS--Members of the disability rights group ADAPT (American Disabled for Attendant Programs Today) are expressing disappointment over the state's refusal to show support for the Americans with Disabilities Act in an upcoming US Supreme Court case.

Garrett v. University of Alabama involves a university nurse who sued the state under the ADA for demoting her after she went through treatment for breast cancer. The state is arguing that the ADA does not apply to suits against states, and that Congress overstepped its bounds when it passed the law ten years ago. The case is scheduled to be heard by the high court on October 11.

"The loss of this case will be the most devastating blow to the civil rights of people with disabilities and bring us back to the era of states rights with no federal standard of discrimination against people with disabilities or enforcement," the Texas chapter of ADAPT wrote in a statement released Friday.

The State of Minnesota filed a "Friend of the Court" or "amicus" brief to the Supreme Court showing support for the ADA. When the deadline for submitting the amicus brief had passed on Wednesday, thirteen states including Arizona, Connecticut, Illinois, Iowa, Kentucky, Maryland, Massachusetts, Missouri, New Mexico, New York, North Dakota, Vermont and Washington State had signed onto the Minnesota amicus.

The state of Hawaii submitted their own amicus brief showing support for Alabama. An unofficial report on Thursday named the states of Arkansas, Idaho, Nebraska, Nevada, Ohio, and Tennessee as having joined Hawaii's position. The attorneys general for most states, including Texas, refused to take a public stance either way.

"The message Governor Bush and Attorney General Cornyn are sending to the disability community is one of exclusion and discrimination," says Bob Kafka, ADAPT of Texas organizer, in Friday's release. "This is not a Republican or Democratic issue," the release continues, noting that former President George Bush, the governor's father, will be submitting his own amicus in support of the ADA.

"This is an issue of supporting the federal civil rights of people with disabilities. People with disabilities are asking a legitimate question - Where's Texas?"

ADAPT of Texas organizers say they will continue to ask the governor and attorney general for a meeting to discuss their public support for the federal civil rights of people with disabilities and their continued enforcement of the ADA.

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Federal Agencies File Support For ADA
By Dave Reynolds, Inclusion Daily Express
August 16, 2000

WASHINGTON, DC--The U.S. Department of Justice and the National Council of Disability have filed individual "Friend of the Court" or "amicus" briefs with the U.S. Supreme Court, showing their support for the Americans with Disabilities Act in an upcoming case which challenges the constitutionality of the law.

The case, which is scheduled for October 11, involves Pat Garrett, a nurse who sued her employer, the University of Alabama, alleging it violated federal discrimination law by demoting her after she returned to work following cancer treatments. Another case, that of Milton Ash, has been combined with Garrett's. The State of Alabama has argued that states cannot be sued under the law, and that Congress overstepped its bounds when it passed the ADA ten years ago.

Last week, thirteen states including Arizona, Connecticut, Illinois, Iowa, Kentucky, Maryland, Massachusetts, Missouri, New Mexico, New York, North Dakota, Vermont and Washington State had signed onto a Minnesota amicus brief showing support for the ADA. The states of Arkansas, Idaho, Nebraska, Nevada, Ohio, and Tennessee reportedly joined a brief written by Hawaii showing their support for Alabama's position.

In their statement, the Department of Justice points out that when lawmakers passed the ADA, they acknowledged and understood the "virulent history" of governments failing to protect the rights of people with disabilities. "Congress found...that...official segregation and discrimination against persons with disabilities have consequences that persist and have been perpetuated by state and local governmental decisionmaking, across the span of governmental operations." The DOJ amicus also notes that states would not be impacted negatively by the ADA, if they simply followed the "reasonable accommodation" requirements mandated by the law.

The Department of Justice has developed an ADA home page at this address:
http://www.usdoj.gov/crt/ada/adahom1.htm

At the time of this writing, however, the DOJ brief was not yet available on-line.

The National Council on Disability, the independent federal agency which introduced the original ADA bill to the 100th Congress in 1988, announced that they, too, had filed an amicus brief supporting the law.

The NCD brief can be accessed on their website:
http://www.ncd.gov/newsroom/publications/amicus_99-1240.html

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Supreme Court Case Motivates Advocates To Action
By Dave Reynolds, Inclusion Daily Express
September 25, 2000

UNITED STATES--Former President George Bush, who signed the landmark Americans with Disabilities Act into law in 1991, along with congressional leaders who advocated for its passage, are among the growing number of individuals, organizations, agencies and states showing support for the ADA in an upcoming Supreme Court challenge.

"Our country made an unequivocal statement to the world that Americans will not accept, will not excuse and will not tolerate discrimination against persons with disabilities," wrote Bush in a recent document supporting the ADA.

On October 11, the U.S. Supreme Court will hear the case of Garrett vs. University of Alabama. Months later, the high court will announce its decision -- a decision which may determine whether or not Congress overstepped its bounds when it passed the ADA, and whether or not people can sue their states for discrimination under the law.

The case involves Patricia Garrett, a university nurse who sued her employer, claiming it violated federal discrimination law by demoting her after she returned to work following cancer treatments. Another case, that of Milton Ash, a former department of corrections employee with asthma, has been combined with Garrett's. The State of Alabama has argued that states cannot be sued. A handful of states have signed on in support of Alabama's position.

Here are more details from the Birmingham News:
http://www.al.com/news/birmingham/Sep2000/20-e217780b.html

Disability rights advocates are gearing up for a number of demonstrations all over the country, including a rally at the U.S. Capitol next Tuesday in which up to 10,000 activists are expected. TASH has more details about the rally, called "March for Justice" on their website:
http://www.tash.org/marchforjustice/index.htm

Last Friday, a bus tour called the "Rolling Freedom Express", left Birmingham headed for Tuesday's rally in Washington, DC. On its way, the caravan will pass through 6 states where more activists are expected to join. At each stop, the group will hold a number of rallies and other media events.

You can view the tour's schedule at ADAPT's website:
http://www.adapt.org/bulletin.htm

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Caravan Gains Supporters
By Dave Reynolds, Inclusion Daily Express
September 26, 2000

NASHVILLE, TENNESSEE & LOUISVILLE, KENTUCKY--The "Rolling Freedom Express" a bus caravan of disability rights advocates, rolled into Louisville yesterday in time for a rally at the Ron Mazzoli Federal Building. About 100 local advocates showed up for the rally to demonstrate support the Americans with Disabilities Act. Letters from the governor and the mayor, proclaiming support for the ADA, were read to the crowd.

The group held a similar rally at Nashville's Bicentennial Mall on Sunday, two days after leaving Birmingham, Alabama on Friday. The Rolling Freedom Express travels to Columbus, Ohio today and is expected to arrive at the steps of the U.S. Supreme Court on Saturday.

The events are two of several scheduled around the country to show local support for the ADA, which is being challenged in an upcoming Supreme Court case. The high court is scheduled to hear arguments in the case of University of Alabama vs. Garrett on October 11. At question is whether or not the 1990 law can be used to sue states for discrimination. Some experts say a decision against Garrett and for "state's rights" could be the "domino that could topple the whole ADA".

Details on the Rolling Freedom Express can be found at ADAPT's website:
http://www.adapt.org/bulletin.htm

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Activists Surround GOP Headquarters
By Dave Reynolds, Inclusion Daily Express
October 5, 2000

WASHINGTON, DC--While presidential candidates George W. Bush and Al Gore were in Boston preparing for their debate Tuesday evening, hundreds of disability rights advocates surrounded and blocked the entrances of the Republican National Headquarters in Washington.

The coalition of demonstrators from several advocacy groups staged the protest in an effort to force a meeting with Bush to discuss the interests of people with disabilities. "We want Bush and the Republican Party to know that we will not tolerate anyone's patronizing us by deciding in a vacuum what's in our 'best interest'", said Marva Ways, an organizer from American Disabled for Attendant for Programs Today (ADAPT). "The bottom line is, 'Nothing About Us Without Us'!"

The group also wants Bush to sign a pledge supporting the Americans With Disabilities Act, the anti-discrimination law signed ten years ago by the candidate's father, former president George Bush. The former president has submitted a brief supporting the ADA in a case to be presented before the U.S. Supreme Court next Tuesday. As governor of Texas, candidate Bush has not officially indicated support for people with disabilities in the case of University of Alabama vs. Garrett -- a case which challenges a person's right to sue a state for discrimination.

Tuesday's sit-in, which started about 4 p.m., prevented Republican National Committee officials, employees and guests from leaving through the building's exits, although some people did manage to exit through ground-floor windows. The protest lasted about 5 hours when dozens of police officers arrived with patrol cars and three Metro-buses and prepared to arrest people with disabilities who were blocking one doorway.

"We accomplished as much as we could here," said Michael Auberger of Denver's ADAPT, as the group disbursed.

In a press release issued shortly after the demonstration, ADAPT leaders expressed disappointment in not getting a meeting to talk with Bush. "After months of numerous phone calls and written requests, and a five hour sit-in at Republican National Headquarters, George W. Bush still refuses to meet with ADAPT or any other national organization which is controlled by and represents persons with disabilities. In effect, he has thumbed his nose at 54 million Americans who represent a significant voting block."

On June 20, hundreds of disability rights advocates surrounded Al Gore's offices in The Old Executive Building for 5 hours, demanding to meet with the vice president to discuss his commitment to people with disabilities and to removing the institutional bias in Medicaid. That protest resulted in a meeting with Gore, during which he agreed to turn over the podium at the Democratic National Convention to disability rights advocates. On August 16, fourteen-year-old Kyle Glozier used his Liberator communication device to speak to the convention and ask for support for community alternatives to institutions.

"While Gore still has some room to improve, when we confronted him in June, he met with us, assured us a speaking spot at the Democratic Convention, and put some solid language in the Democratic Party Platform," said Mark Johnson, an ADAPT organizer from Georgia. "Bush won't even give persons with disabilities the time of day."

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High Court To Hear Landmark Case Tuesday
By Dave Reynolds, Inclusion Daily Express
October 9, 2000

WASHINGTON, DC-- Tomorrow, the U.S. Supreme Court will hear arguments in case No. 99-1240 "University of Alabama v. Garrett", a case which could have a significant impact on the rights of people with disabilities to sue for discrimination under the Americans with Disabilities Act.

The case involves Patricia Garrett, a University of Alabama nurse who sued her employer, claiming it violated federal discrimination law by demoting her after she returned to work following cancer treatments. Another case, that of Milton Ash, a former department of corrections employee with asthma, has been combined with Garrett's. Former President George Bush, who signed the legislation into law in 1990, the Department of Justice, several lawmakers, disability rights groups and states have signed and submitted briefs showing support for Garrett and Ash and the ADA.

The State of Alabama has argued that states cannot be sued for discrimination under the ADA, and that Congress overstepped its constitutional bounds when it passed the law. A handful of states have signed on in support of Alabama's position.

Some experts say a decision against Garrett and for "state's rights" could be the "domino that could topple the whole ADA".

The court is expected to give their decision in a few months.

A number of disability rights advocates are planning an all-night candlelight vigil at the steps of the U.S. Supreme Court building beginning 8 p.m. Tuesday evening. TASH has details of the vigil at their website:
http://www.tash.org/Vigil/index.htm

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High Court Hears Challenge To ADA
By Dave Reynolds, Inclusion Daily Express
October 11, 2001

WASHINGTON, DC--In 1997, Patricia Garrett, a university nurse sued the State of Alabama, claiming it violated the Americans with Disabilities Act by demoting her after she returned to work following cancer treatment. The State of Alabama argued that Congress did not have authority to pass the law as it relates to state's rights. Last year, the 11th Circuit Court of Appeals sided with Garrett.

Today, the U.S. Supreme Court heard both sides of the case, in what is considered by many to be the strongest challenge to the ADA since it was signed into law more than ten years ago.

Overnight, a group of about 60 disability rights activists held a candlelight vigil in front of the Supreme Court building. "We will never again accept segregation," said Justin Dart, Jr, from the advocacy group Justice for All.

"Separate is not equal."

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