A new threat to the ADA

[thucythucy]

I posted this in General Discussion and am cross-posting it here.

This case could essentially gut federal civil rights protections for people with disabilities.
Last Thursday night activist Judy Heumann, in a presentation about ableism in higher education, stressed that appealing this to the US Supreme Court will have a devastating impact on enforcement of the ADA and Section 504.

https://edsource.org/2021/unintentional-discrimination-at-the-heart-of-disability-lawsuit-against-california-community-college-district/665076

As described in the article, to allow an entity to weasel out of providing access by saying it "didn't intend to discriminate" will make it almost impossible to enforce access requirements.

IMHO, for this college district to appeal this case to this Supreme Court, especially given its years-long callous disregard of access requirements for its blind students, is telling about whether or not it intended to discriminate. The problems these students encountered could have been addressed at any point along the way, but instead the school chose and is choosing to fight it out to the bitter end, counting on the 6-3 Republican court to side with it despite the law and the evidence.

Fifty years of hard-won gains for the disability rights movement is about to be undone.

Conservatives have wanted to repeal or gut the ADA since the day it was signed into law. It looks as though they're about to have their dream--our nightmare--come true.

[SheltieLover]

1. Kicking for visability

[thucythucy]

2. Thank you!

[SheltieLover]

14. Yw!

Ty for posting!

[no_hypocrisy]

3. Enforcement of the ADA is something like strict liability in tort law.

Intention is irrelevant. Either there was a violation or there wasn't.

[thucythucy]

5. That's the way it should be

and from my reading that's how the lower court decided it is.

BUT the Supreme Court has the final say, and just like it gutted the Voting Rights Act, it's perfectly capable of gutting the ADA.

To bring this case to this USSC is absolutely putting both the ADA and 504 at risk. At least, this was the take Judy Heumann had on what's happening here, and I absolutely trust her judgment.

[brewens]

4. I was a senior in high school when they installed an elevator finally. Ya know what the wheelchair

kids relied on for access? Without fail, several of us guys would grab them and pack them up and down the stairs for classes. That was good of whoever was around for the years that went on, but the kids shouldn't have had to rely on that. This was 1976-1979.

At least handicapped kids weren't denied being able to take classes on the second or third floor. It is kind of remarkable they were allowed to sign up for those classes with teachers and administrators knowing they didn't have proper access. I actually don't know if there were ever any more kids in wheelchairs than the two I knew when I was there. It could have been a new situation for a school that size and they figured with the elevator in the works, we'd get by that way.

[thucythucy]

6. Did these kids use manual chairs

or power chairs.

Lifting power chairs up and down stairs can be dangerous not only for the wheelchair user but also the folks doing the lifting.

Kudos to you and your friends for helping out like that.

[brewens]

7. Manual chairs of course. You didn't see power chairs back then I don't think. Not much anyway.

The batteries would have been a nightmare back then.

[thucythucy]

8. That's what I figured.

Back in the day--early 1980s--my SO had an Abec, which was a power chair but also somewhat portable. You could disconnect the dry cell battery and slide it out of the body of the chair. The chair itself then folded so we could toss it into a trunk, or more easily take it on a plane. Another feature I liked was that the control panel with joy-stick was detachable. As it was the most delicate part, we always made sure to take it onto the flight with us, as opposed to entrusting it to the baggage people.

All in the days of my misspent youth!

[ChazInAz]

17. I remember!

When I was stuck in a wheelchair in the Mid-Sixties, that was the only way for me to get to classes. My helpers were always African American, cajoled into giving me a hand by a fellow who became one of my best friends. He was a big guy who looked like a mean Muhammed Ali...nobody messed with him!
Probably why I still have a huge soft spot for Black folks.

[Scrivener7]

9. This is terrifying.

[FeelingBlue]

10. I can't recommend strongly enough...

This documentary:

Lives worth living: the great fight for disability rights / a film by Eric Neudel ; a co-production of Storyline Motion Pictures, LLC and the Independent Television Service (ITVS) ; produced by Alison Gilkey

Please find it, watch it, make others watch it and talk about it with everyone. Make disability rights front and center while this case is before the court- and always.

Once you’ve seen this documentary and become aware of even the cost that disabled people bore to grab their rights from able-bodied Americans, you will feel compelled to join them in defense of their right to a place at the table. So, so important and compelling. Thanks.

[thucythucy]

20. I concur,

Lives Worth Living is fantastic, and it features so many of our heroes: Fred Fay, Judy Heumann, Judi Chamberlin, Justin Dart Jr., Patrisha Wright... it's an excellent introduction into the history of the movement.

The 504 occupation, ADAPT, Deaf President Now, the Capitol Crawl-up... just fantastic!

&list=PL39FD6F44DF4391B7

[Maine Abu El Banat]

11. They thrive on cruelty

[Lonestarblue]

12. Republicans are quick to start groups, with funding from secret donors, like Moms for Liberty.

They claim to be grassroots organizations, but they are funded by dark money. Perhaps its time for Democrats to create groups to lobby the public for progressive ideas. For example, Parents for Rights or maybe Parents for Progress could be formed to fight Republican lies and actions like this case involving the ADA. They could tackle a bunch of issues, like better access for the disabled in schools and elsewhere. And safety for all students—why should kids have to go to school and waste valuable instruction time hiding under their desks for frequent active shooter drills?

Such a group could lobby for teacher support as Republican state administrations make conditions so intolerable that many teachers are leaving the profession.

I’m sure parents of LGBTQ kids in red states have faced issues of discrimination.

Republicans get their message of white supremacy and religious intolerance out through many channels. Democrats do not, and we do not have the support of the mainstream media most of the time, even to report facts and issues fairly without giving their conservative slant. We need some new ideas.

[LoisB]

13. This is disturbing.

[dlk]

15. If, "I didn't intend to break the law" is ruled as a legitimate defense

It won’t be just the ADA that’s neutered. Our entire legal system of enforcement would be turned upside down and, conceivably, no one could be held accountable for anything. Imagine the chaos (Putin’s goal)!

[Delmette2.0]

19. Right. Ignorance of the law is not an excuse.

[MuseRider]

16. Where did these people come from?

I simply cannot imagine this country being this cruel. Yes, I know, we ARE that cruel but still. I am able but we will do everything to make it harder for those who are not? Who thinks this way and why are they living and ruling here? WTF is their problem?

[Ilsa]

18. Maybe a disabled Justice is needed next.

I'm sure they were waiting for a friendly SCOTUS.

Maybe SCOTUS would feel differently if they were disabled and middle class.

Maybe a disabled justice is needed next.

Los Angeles City College, btw.