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THE NEWSPAPER POSITIVELY FOR, BY & ABOUT THE DISABLED

JUNE 1999 VOL. 5, NO. 1

[Headline] THOUSANDS RALLY IN DC
[Subheading] Activists Gather as Supreme Court Examines ADA
By T.K. Small

A rally of more than 3,000 people with disabilities, committed to preserving the scope of the American with Disabilities Act, descended upon Washington in the shadow of the U.S. Capital on May 12.

The rally was organized by American Disabled for Attendant Programs Today (ADAPT) and a broad coalition of national and local disability rights groups, including New York's Disabled in Action, who had 39 members travel down to Washington.

The experience was empowering and eye opening for many members in our group," said Anthony Trocchia, an organizer of the New York City" contingent.

The rally featured two noted politicians: Governor Richard Thornburg (R) of Pennsylvania and U.S. Senator Tom Harkins (D) Governor Thornburg began his re-marks by quoting what former President George Bush said as he signed , the American with Dis-abilities Act (ADA) "Let L3 the shameful wall of dis- i crimination come tum-bling down."

Other speakers included Justin Dart, Bob Y. Kafka, Mike Auberger and civil rights leader Wade Henderson.

"People have rights, not states," said Dart. "America stands for freedom — for all people...Distinguished Justices, listen to the heart of America. Free our people."

The rally was prompted by a number of cases before the Supreme Court, most notably Olmstead v. L C. & E. W. The Supreme Court has been particularly active this term, reflecting the fact that the full dimensions of the ADA remain uncharted after nearly 10 years on the books. There have been five cases heard in all four of in which the court is being asked to determine the basic scope of how far the ADA can be used in protecting people from discrimination in employment.

In the Olmstead case, the Supreme Court will address the _ states' responsibility for providing treatment in the most integrated setting, as required by Title II of the ADA, for two women from Georgia with mental retardation and mental illness. The case is seen as a potentially defining point in disability law because the State of Georgia is arguing they can simply ignore the integration requirements of the ADA because it is too expensive.

"If the court can't recognize these basic human rights, we must continue to fight," said Stephanie Thomas, national Adapt organizer. "Victory will be ours."

The case is part of the continuing struggle over the meaning of the sweeping yet vague dis-ability law Arguments given for the State of Georgia describes the Justice Department regulation as an unwelcome and unauthorized Federal intrusion into state prerogatives. People with disabilities have described the case as the Brown v. Board of Education of the disability rights movement.

In addition to rallying in support of the ADA, the gathering marked the beginning phase of ADAPTs effort in getting the Medicaid Community Attendant Services & Supports Act (MiCASSA) introduced into the current session of Congress. The legislation, if approved, would give the individual the right to choose whether financial aid would be spent in an institution or unity-based set-ting. Copies of the revised legislation were given to everyone, and they were encouraged to speak to their elected officials.

[image]
[image caption] Disability advocates march in a
"Don't Tread on the ADA" protest.

[text continues] Sen. Harkin, who began his speech in sign language, inspired the audience with the message that the "time for MiCASSA is now! Don't take "No" for an answer."

"The 'Don't Tread on the ADA' rally concluded with all participants marching in single file from the Capital building over the Supreme Court. Six people wearing black hats and carrying a coffin led the march. There was also a large wooden cross with a wheelchair hanging from it.

When the thousands assembled at the Supreme Court, there was chanting and cheering for equal rights. Next came a heartfelt rendition of "We Shall Overcome," followed by a moment of silence for the 467 who die each day in institutions.

Created on

Thursday 18 July 2013

Posted on

Monday 9 September 2019

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• The Olmstead v. LC & EW Supreme Court Decision, June 22 1999

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