"People with severe physical disabilities, like all Americans, want to control and direct their own lives, make decisions for themselves, be allowed to take risks and even fail, have opportunities to participate in all aspects of community life, and take responsibility for their actions, including responsibilities as part of their community. For too long, disabled persons have been shut away, out of sight. How this Court decides the instant case and the ADA's "integration" requirement will decide whether or not many people with disabilities will have the choice to live in the community or be unnecessarily segregated. "
Stephen F. Gold
125 S. 9th Street, Ste 700
Philadelphia, Pa. 19107
215-627-7100
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Several amicus briefs on Olmstead are available at Bazelon's website http://www.bazelon.org/olmstead.html
"An amicus brief by former United States Attorney General Dick Thornburgh and the National Organization on Disability. As Attorney General from 1988 to 1991, Thornburgh oversaw congressional debate and passage of the Americans with Disabilities Act.
A brief by 30 national organizations and seven Georgia groups examines the history of segregation of and discrimination against people with disabilities and documents the proven benefits of their inclusion in the community. Those signing the brief include broad-based national groups such as the American Association of Retired Persons (AARP) and Catholic Charities U.S.A., as well as leading professional associations and disability advocates.
A brief by 10 organizations of activist consumers/survivors (consumers of mental health services and survivors of psychiatric illness) and eight individual consumers/survivors who have experienced both institutional and community mental health services and now live successfully in the community."
A link to the brief of the National Council on Disability http://www.ncd.gov/publications/publications.html, the independent federal agency that played a lead role in drafting the legislation ultimately enacted as the ADA and has monitored its implementation in the eight years since. Citing the council's participation in development of the law, the brief concludes that "it would have protested vehemently" had there been "even a hint that Title II would not prohibit" unnecessary institutionalization. "But there was no such hint," it states, and the council "was quite comfortable lending its unequivocal support."
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The National Council on Disability (NCD) today released a groundbreaking report documenting ineffective enforcement of the Air Carrier Access Act (ACAA) since the law's passage in 1986. NCD's report, Enforcing the Civil Rights of Air Travelers with Disabilities, contains recommendations on how to improve the enforcement of civil rights of air travelers with disabilities, including changes to the law and improvements for the Department of Transportation.
At the news conference, NCD chairperson Marca Bristo said, "The negative experiences of disabled travelers go beyond the typical hassles all air travelers encounter. When you are dropped or mishandled by poorly trained staff who treat you like an inconvenient piece of luggage, when you can't get critical information because it is not provided in an accessible format, you are left with the feeling that you don't count, that your dignity as a human being has been violated."
"Unfortunately, NCD has found that although things have improved since ACAA was passed in 1986, people with disabilities continue to encounter frequent, significant violations of their civil rights. When they complain, they encounter an enforcement effort that is both inconsistent and limited in scope," Bristo added.
The report is available at NCD's award-winning Web site (http://www.ncd.gov), and will have serious implications for ACAA, the Federal Aviation Act, and passenger bill of rights legislation sponsored by the President and Congress. It is the first in NCD's "Unequal Protection Under Law" series of independent analyses of federal civil rights enforcement for Americans with disabilities.