Press Release

May 17, 2004

For Immediate Release

 

For Further Information, Please Contact:

Silvia Yee, Attorney (syee@dredf.org)
Linda Kilb, Attorney (lkilb@dredf.org)
Disability Rights Education and Defense Fund, Inc. (DREDF)
2212 Sixth Street
Berkeley, CA 94710
510-644-2555 (Voice/TTY); 510-841-8645 (Fax)

 

DISABILITY CIVIL RIGHTS VICTORY IN LANE V. TENNESSEE

 

BERKELEY, CALIFORNIA— released on the 50th anniversary of the landmark civil rights case of Brown v. Board of Education, the U.S. Supreme Court's decision this morning in Tennessee v. Lane unequivocally recognizes that persons with disabilities have a right to equal access to courts and courtrooms. The case was first brought when Tennessee resident George Lane, who uses a wheelchair, was unable to appear at his own trial without having to crawl up two flights of steps to get to the courtroom where the proceedings were being held. Mr. Lane was arrested when he refused to crawl or be carried for a second court appearance, even though he notified the judge that he was downstairs.

 

The high court's ruling recognizes that states have an obligation under Title II of the Americans with Disabilities Act (ADA) to make reasonable modifications to ensure access to judicial services, and that Congress has the constitutional authority to require states to pay money damages for violations of this ADA obligation. Coming after a series of Supreme Court decisions that have significantly narrowed the scope of the ADA, Lane v. Tennessee is a victory for people with disabilities across the country, and a rebuke for Tennessee and those seven states which argued that they have no obligation to ensure access to such a fundamental right.

 

At the same time, the Supreme Court did not uphold the broader sweep of Title II in its entirety, which applies to all "the services, programs or activities of a public entity." The Disability Rights Education and Defense Fund (DREDF), a leading national law and policy center for people with disabilities, filed a brief in this case on behalf of former US Attorney General Richard Thornburgh, the American Association of People with Disabilities (AAPD), and ADA Watch (available here) which argued that Congress had the power to enact all of Title II of the ADA, enabling disabled persons to participate in critical facets of American life and helping to achieve full integration. Today's narrow decision does not address the validity of Title II with regard to such vital areas as education, transportation, and health services over which the state has ubiquitous influence and control, thereby forcing people with disabilities to take a piecemeal approach to enforcing their right to equal participation. This flies in the face of Congress's intention when it enacted the ADA.

 

DREDF is a Berkeley-based, non-profit law and policy center nationally recognized for its expertise in the interpretation of disability rights laws. Staffed and Board-run by persons with disabilities and parents of children with disabilities, DREDF is involved in education, policy, and advocacy efforts dedicated to protecting and advancing the civil rights of persons with disabilities.

 

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