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Inici / Àlbums / Etiqueta campaign promise 2
- ADAPT (483)
HIGHLIGHTS OF THE COURT DECISION The following is a summary and explanation of the court's decision by Timothy M. Cook, the attorney who argued the case on behalf of ADAPT. The court: l. Struck down, as contrary to federal disability civil rights law, “local option,” the DOT policy that allows transit systems the option of providing transit to persons with disabilities only if we make advance reservations, sometimes several days in advance, and then only in segregated settings. 2. Required that every bus newly purchased with federal assistance must be accessible. No retrofitting is required; the ruling only applies to future purchases. The court said that because transit systems may phase in accessible buses, the ruling would not lead to any undue financial burdens for transit systems. 3. Required that transit systems provide both accessible mainline transportation for those who can use accessible buses, and adequate paratransit to serve those who cannot. 4. Struck down the 3 percent cost cap under which DOT deemed transit systems to be in compliance with federal disability civil rights laws once they spent 3 percent of their operating expenses on disability access. As important as the holdings in the case are the language and rationale used by the court in reaching its conclusions. The 73-page, decision is laced with integration-oriented statements and phrases derived from the corpus of race and gender discrimination cases. Thus, the case sets forth a new charter for interpreting laws like Section 504, stating that Congress’ plain intent was to eliminate the segregation of persons with disabilities. It’s good cause for celebrating. But neither too long nor too loudly, for the war is not yet won. We must press forward on two important fronts before that day comes: l. First and foremost, DOT has 90 days from the date of this decision to decide whether to seek an appeal to the U.S. Supreme Court. This decision will be made by DOT and the Department of Justice, but the White House will also be involved. It is important that we mobilize quickly and inundate DOT, Justice, and the White House with letters from all of us, urging them to embrace the Court of Appeals Decision. Remind President Bush of his campaign promises to integrate persons with disabilities into all aspects of American life. Without access to public transit, as we all know, that is impossible. And just last week President Bush, in his speech to the joint session of Congress, reiterated his commitment to bring persons with disabilities into "the economic mainstream." Letters should go to: William Skinner Secretary of Transportation 7th & Maryland Ave., SW Washington; D.C. Dick Thornburg Attorney General Dept. of Justice 9th & Penna. Ave. NW Washington, D.C. C. Boyden Gray Counsel to the President 1600 Pennsylvania Ave. Washington, D.C. And, of course, to President Bush at the White House. 2. We must move forward in support of the Americans with Disabilities Act (ADA), using the court decision as additional impetus. The ADA, which will be reintroduced in the Congress soon, will require that all new buses and transit facilities be accessible. Urge your Senators and Congressperson to climb onto the bandwagon and be a co-sponsor of the ADA when it is reintroduced. If we can get the ADA enacted, there will be no need for any additional court fights. - ADAPT (753)
TITLE: Statement of Governor Clinton on Personal Assistance Services October 16, 1992 I support efforts to make affordable personal assistance services available to Americans with disabilities. We must ensure that all people have the opportunity to live independent lives. People who have disabilities and have a need for personal assistance services should have maximum control over the care they receive. Personal assistance serves must be consumer driven- they must be met by the needs and desires of the user, not the dictates of the supplier. I believe that personal assistance services are of the utmost importance. I understand that every person has different needs. For this reason, I believe that every person has the right to personal assistance services. I believe that personal assistance services should be provided by a wide range of qualified individuals. In my proposal for a National Service Trust Fund, I have suggested that young men and women who go to college can pay for their education by spending two years working in jobs which serve our community - teaching our children, policing our streets, rebuilding our infrastructure. Employment in personal assistance services should be an option in this program, and I hope thousands of men and women choose it. This is only one of many ways in which we can expand the scope of available services. Personal assistance services should be a part of any comprehensive health care reform plan. For this reason, I intend to appoint a task force, including individuals with disabilities, on the role of personal assistance services and long term care in health care reform. Among other things, this task force should examine the role of federal regulations and funding which creates a presumption in favor of institutionalized care over home and community-based services. I have promised to submit a reform package to Congress in the first 100 days of my Administration. The task force will submit recommendations on reform in that time period. It is time for America to realize that silence on issues of concern to people with disabilities is as damaging as prejudice. As President, I will work with individuals with disabilities to empower people to live independently, I will bring people together and make this plan a reality.