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ADA Watch is a project of:
National Coalition for
Disability Rights (NCDR)
1201 Pennsylvania Ave., NW,
Suite 300
Washington, DC 20004
Email:
info@adawatch.org
Voice: 202-661-4722
Fax: 202-318-4040
Staff:
Jim Ward, President and Founder
Jennifer Burnett, Chief Operating Officer
Tom Olin, Photographer and Historian
Russ Holt, Director of Accessibility Programs
Christina Baker, Administrative Assistant
National Advisory Council:
Justin Dart, Jr.
Honorary Founding Chair
Michael Allen
Bazelon Center for Mental Health Law
Nan Aron
Alliance for Justice
Shereen Arent
American Diabetes Association
Ron Bassman
National Association for Rights Protection and Advocacy
Marca Bristo
Access Living
The Honorable Tony Coelho
Curtis Decker
National Association of Protection and Advocacy Systems
Kyle Glozier
National Disabled Student Union
Claudia Gordon
National Black Deaf Advocates
Wade Henderson
Leadership Conference on Civil Rights
Judith Heumann
World Bank International
Anne-Marie Hughey
National Council on Independent Living
Andrew Imparato
American Association of People with Disabilities
Bob Kafka
ADAPT
Janine Bertram Kemp
Cedar Media
Ralph G. Neas
People For the American Way
Rebecca Ogle
Mike Oxford
NCIL, ADAPT, TILRC
Lee Page
Paralyzed Veterans of America
Michele Pollak
AARP
Debra Robinson
Speaking For Ourselves
Marcie Roth
National Spinal Cord
Injury Association
Jamie Ruppmann
TASH
Pope Simmons
Mental Health Liaison Group
Nancy Starnes
National Organization on Disability
Debra Fletter Ward
Wired On Wheels, Inc.
Patrisha Wright
Disability Rights Education and Defense Fund
Tony Young
Consortium for Citizens with Disabilities (CCD)
ADA
WATCH TIME LINE:
May,
2000:
Hundreds
of people with disabilities filled the halls of Congress to protest
the introduction of the ADA Notification Act by Rep. Mark Foley
(R-Fla-16th). Disability advocates gather and plan to defeat
the amendment that will weaken the ADA, delay enforcement, and
discourage voluntary compliance with the ADA. Advocates, consumers,
and service organizations continue to work in coalition planning
celebration activities to commemorate the 10th anniversary of
the ADA.
July
26, 2000
America
celebrates the 10th anniversary of the ADA while the
list of cosponsors of the ADA Notification Act continues to grow.
July
- October, 2000:
Advocates
and consumers prepare to influence public opinion and educate
lawmakers regarding the Supreme Court Case, University of Alabama
v. Garrett. The fundamental issue to be decided by the court
is whether Congress had the constitutional authority under the
14th amendment to enact ADA. The 14th amendment, passed after
the Civil War, guarantees all citizens equal protection under
the law and a right to due process of law. With Jeffrey Sutton
representing the Alabama, the Garrett is the latest in a series
of cases in which states have challenged Congresses power to enact
legislation regulating state conduct.
October
3, 2000:
Numerous
disability rights, consumer, and service organizations join forces
in the "March For Justice" rally and march from the
US Capitol Building to the Supreme Court. The rally is to bring
attention to the Supreme Court which will begin to hear oral argument
in The University of Alabama v. Garrett, a case that challenges
the constitutionality of the Americans with Disabilities Act (ADA).
The Alabama Attorney General argues that parts of the federal
law known as the “Civil Rights Act for People with Disabilities”
violates States rights and an adverse decision could wipe out
all protections against discrimination by public entities on the
basis of mental or physical disability.
Thousands
of people with disabilities from across America gathered and leaders
speak out against the University of Alabama's case against Pat
Garrett, a nurse who was fired soon after being diagnosed with
breast cancer. Civil rights leaders including Martin Luther King
III, Jesse Jackson, Dick Gregory, and Ralph Neas join the disability
community at this event.
October
10, 2000:
On
the eve of the oral arguments for the Garrett case, disability
rights advocates hold a candlelight vigil and camp out on the
steps of the Supreme Court. The event is covered on NBC Nightly
News.
January,
2001:
ADA
WATCH, an informational network designed to inform and activate
the disability grassroots in response to threats to the ADA, is
launched. A coalition of participating organizations is formed
and includes members of the March for Justice organizing committee,
AAPD, ADAPT, NAPAS, NCIL, and organizations of the Consortium
for Citizens with Disabilities (CCD) Rights Task Force.
February
21, 2001:
The
Supreme Court announces the 5-4 decision in the University
of Alabama v. Garrett. By the narrowest of margins, the Court
rules that Congress exceeded its authority when it legislated
the right to sue states under the ADA. The new ADA WATCH network
is notified and, joining forces with the CCD Rights Task Force,
more than 60 leaders of disability organizations gather in Washington
to plan a media response to the Garrett decision.
March
20, 2001:
The
ADA Notification Act is reintroduced in the House by Congressman
Mark Foley. ADA WATCH distributes action alerts asking advocates
to contact Congress and vote against this weakening amendment.
Leaders lobby on the Hill in an attempt to limit the number of
cosponsors.
March
27, 2001:
Jeffrey
Sutton, the attorney who argued against the Americans with Disabilities
Act before the U. S. Supreme Court in the Garrett case, is reportedly
on President George W. Bush's short list for the federal judgeship
of the Circuit Court which reviews appeals from the federal district
courts in Kentucky, Michigan, Ohio and Tennessee. Sutton, a former
law clerk for conservative Supreme Court Justice Antonin Scalia,
told the Court last fall when he argued the Garrett case for Alabama
that the ADA "exaggerated discrimination problems by states."
The ADA was "not needed," he told the Court, since all
50 states had disability anti-discrimination laws already. Besides
the Garrett case, Sutton, a state solicitor, successfully argued
in support of states' rights in the Kimel case, in which the U.
S. Supreme Court ruled, in Dec., 1999, that the Age Discrimination
Act was unconstitutional. Many of the same arguments used in Kimel
were used by Sutton to argue against the ADA's constitutionality
in the Garrett case. The ADA WATCH coalition is asked to contact
the White House and discourage the nomination of Sutton, a choice
which contradicts the legacy of President George H. W. Bush who
signed the ADA into law.
May
9, 20001:
President
Bush announces judicial nominees including controversial Jeffrey
Sutton for the 6th Circuit Court of Appeals.
May
14, 2001:
Release
of ADA WATCH letter to President Bush, describing the disability
community's opposition to the nomination of Jeffrey Sutton and
requesting a meeting between the President and coalition leaders.
The letter states: "The nomination of a lawyer who has enthusiastically
argued against the constitutionality of the ADA and other civil
rights protections is hardly consistent with your Administration's
stated support of the ADA and the legacy of the man who signed
the ADA into law, President George H. W. Bush." The nomination
of Sutton is described as a "serious threat to the civil
rights of people with disabilities."
May
19, 2001:
The
ADA WATCH coalition announces the initiation of an aggressive
campaign to defeat the nomination of Jeffrey Sutton to the Federal
Court. Following a ADA WATCH press conference at the annual meeting
of the National Council on Independent Living (NCIL), more that
500 participants, many of them wheelchair users, marched to the
White House and protested the President's nomination of Jeffrey
Sutton. They called on President Bush to withdraw the nomination
and Presidential Medal of Honor recipient, Justin Dart, widely
respected as the "father" of the ADA reminded the audience
that "the ADA is the world's first comprehensive civil rights
law for people with disabilities. Barbara Bush has described
it as the finest accomplishment of her husband's administration.
Abraham Lincoln led this nation to war and died to establish the
authority of our federal government to protect the rights of our
citizens no matter what their state of residence. It is very
difficult to understand how President George W. Bush could send
to the Federal Court a man who challenges the "across the
board" constitutionality of a great civil rights law written
in the tradition of Abraham Lincoln and signed by his father,
George Bush, Sr.
May
23, 2001:
Jeffrey
Sutton is scheduled to be one of several nominees to appear before
the Senate Judiciary Committee. ADA WATCH organizes people with
disabilities and advocates from as far away as Pennsylvania begin
preparations to protest at the hearing. ADA WATCH sends letters
to the Judiciary Committee members asking them to vote against
Sutton. The pressure from the disability community and Democratic
committee members’ reluctance to move quickly on the nominees
leads to postponement of the hearing. Sen. Jeffords becomes an
Independent, the Democrats now control the Judiciary Committee
and the controversial hearing is put off until the later this
year allowing for a more complete examination of the Sutton record.
May
29, 2001:
Before
the Supreme Court, Casey Martin wins the right to use a golf cart
Against the PGA. While this is a victory, it is specific only
to this case and on the same day bad news comes from the court
in the Buchannon case. Buchhannon, by limiting the
awarding of attorneys fees, has the practical effect of a judicial
elimination of the ability to bring meritorious civil rights claims.
June
13, 2001:
Disability
Rights Day on Capitol Hill includes panel presentation by ADA
WATCH participating organizations. The day also includes a forum
on voting rights to advocate for accessible voting equipment.
The event includes Sen. James Jeffords, Rep. John Conyers, and
Rep. Jim Langevin.
July
26, 2001:
The
ADA WATCH web site is launched on the 11th Anniversary
of the ADA. The site includes automated registration to receive
ADA WATCH action alerts and to join petitions against the confirmation
of Jeffrey Sutton, as well as opposing the ADA Notification Act.
Also included is a sign-up button to encourage states to waive
their sovereign immunity against ADA lawsuits. The site is made
possible with generous support from Wired on Wheels, an online
non-profit designed to rate local services for accessibility.
ADA Watch is a program of:
National Coalition for Disability Rights (NCDR)
Jim Ward, President
1201 Pennsylvania Ave., NW
Suite 300
Washington, DC 20004
info@adawatch.org
Voice: 202-661-4722
Fax: 202-318-4040
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