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You want a demonstration? Disabled at the SC over ADA

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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-13-04 02:06 PM
Original message
You want a demonstration? Disabled at the SC over ADA
Edited on Tue Jan-13-04 02:07 PM by underpants


Linda Royster, a physically disabled demonstrator from Washington D.C., is helped up by police after crawling on her hands and knees with fellow demonstrators across the Plaza of the U.S. Supreme Court



Physically disabled demonstrators crawl on their hands and knees across the plaza of the U.S. Supreme Court (news - web sites) to the courthouse steps to raise attention to the Tennessee vs. Lane court hearing in Washington Tuesday, Jan. 13, 2004. The case is a landmark test of the 1990 Americans with Disabilities Act brought about by two individuals with paraplegia denied access to courthouses in the State of Tennessee. (AP Photo/Gerald Herbert)


Becky Ogle, a physically disabled demonstrator from Knoxville, Tenn., returns to her wheelchair after crawling on her hands and knees with fellow demonstrators across the Plaza of the U.S. Supreme Court
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-13-04 02:11 PM
Response to Original message
1. God I saw that. It ripped my heart out and made me angry.
One guy had a contempt finding issued in his court case because he didn't come to court, yet there was NO ACCESS for him so he couldn't come to court.

We as a society should be ASHAMED!!
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LeahMira Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-13-04 02:12 PM
Response to Original message
2. No one should have to...
... crawl on hands and knees to find justice.

Thanks for bringing attention to this, Underpants. Modifications to buildings in order to make them accessible to people with disabilities are not usually expensive. What a pity and a shame that in the U.S. things have to come to this.
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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-13-04 02:18 PM
Response to Reply #2
3. No problem
Thanks yes it is pretty sad
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Kanary Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-13-04 02:19 PM
Response to Original message
4. Yes, the is the NUMBER ONE country in the world
and we should be soooo proud to be 'murkins.

For all who are "temporarily able-bodied", listen up and pay attention. You could be next.

I would very much appreciate it if we on this forum would spend a little less time worrying about what Laura is wearing and other such superficial concerns, and spend just a tad more time and effort in supporting people who are living with such ridiculous situations in their lives.

So, how 'bout we make the pledge right now to take the time to write one letter... just one.... to either support the people who are protesting (they need to hear from people who are concerned about them!) or write to a congresscritter to demand some justice.

These are obscene photos, underpants, but I very much appreciate you bringing this to our attention!

Kanary
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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-13-04 02:25 PM
Response to Reply #4
5. Correct me if I'm wrong but...
Edited on Tue Jan-13-04 02:26 PM by underpants
The problem isn't the law but enforcement. ADA is the law but apparently local code inspectors are not enforcing it.

The case in front of the SC is about the right to sue to get the law to be followed.
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Kanary Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-13-04 02:30 PM
Response to Reply #5
8. How does that preclude you (and others) writing some letters?
Why does this not deserve support?

Is this not as important as what Laura wears?

Kanary
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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-13-04 02:40 PM
Response to Reply #8
11. Oh it does
I will compose a letter tonight.
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KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-13-04 02:28 PM
Response to Original message
6. It's worse than you think. The Constitution itself is under attack.
This is how much they hate and fear us...

http://www.nytimes.com/2004/01/11/opinion/11SUN3.html (yes, it's registration, but c'mon, it's the Paper of Record...)

But their main argument is states' rights — that the federal government has no power to protect the disabled this way. The states insist the 11th Amendment gives them immunity from suits for damages under the A.D.A. They cite the Supreme Court's own declaration that to force the states to defend themselves against these lawsuits would deny them "the dignity that is consistent with their status as sovereign entities."

This interpretation of the 11th Amendment is wildly inconsistent with its plain language, which bars only lawsuits against states brought by "citizens of another state, or by citizens or subjects of any foreign state." But conservatives on the Supreme Court, who insist in other contexts that they are "strict constructionists," have held that the amendment also limits suits brought by a state's own citizens. Even John Noonan Jr., a conservative federal appeals court judge appointed by President Ronald Reagan, has called the link between the 11th Amendment and state immunity "imaginary" — and dangerous.


Any (in)Justice who rules for Tennessee based on this specious doctrine of "sovereign immunity" needs to be impeached, pronto. We simply cannot have the Felonious Five making rulings based on constitutional language that simply isn't there.

Either that, or the next opening on the Court needs to go to the Red Queen...

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camero Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-13-04 02:30 PM
Response to Original message
7. This is just one more attack on the ADA
Another SC screw up was when they said that work was not a major life activity. Which it clearly is. This SCOTUS has got to go.
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camero Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-13-04 02:40 PM
Response to Reply #7
10. Other SCOTUS attacks on the ADA are here
Edited on Tue Jan-13-04 02:41 PM by camero
http://www.jan.wvu.edu/links/scrulings.html

Toyota v. Williams and Albertsons v. Kirkingburg are the ones I am talking about.

Also Murphy v UPS.
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terryg11 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-13-04 02:38 PM
Response to Original message
9. wasn't the argument against the case
that they can't sue the state for money? I believe the ADA does say that all public buildings must be modified to allow those with physical disabilities entrance. It just needs enforced, which won't happen under Bush- can't imagine how far down the llist this is for him and Rove
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