Easter Seals Concerned About U.S. Supreme Court's Garrett Decision Scaling Back Disability Rights

Easter Seals (National Easter Seal Society)
Wednesday, 28 February 2001

Premier Disability Organization vows to continue campaign to promote equality, dignity and independence for people with disabilities.

WASHINGTON, DC (Feb.28, 2001)—Easter Seals today expressed concern that the U.S. Supreme Court has scaled back protections for people with disabilities under the Americans with Disabilities Act (ADA). Easter Seals has been helping individuals with disabilities and special needs, and their families, live better lives for more than 80 years. Easter Seals promotes the passage and enforcement of federal legislation, including the ADA, that enables people with disabilities to achieve greater independence. The ADA prohibits discrimination against people with disabilities in all facets of public life.

Congress enacted the ADA with widespread bipartisan support in 1990 after a nationwide series of hearings outlining the compelling need for the establishment and enforcement of federal civil rights protections for people with disabilities. Former President George H.W. Bush signed the law on July 26, 1990, saying, "let the shameful wall of exclusion" that has separated people with disabilities come tumbling down.

On February 21, 2001, the U.S. Supreme Court held that the Eleventh Amendment protected states from liability for money damages under Title I (employment provisions) of the ADA. Chief Justice Rehnquist wrote the majority opinion in this 5-4 decision (University of Alabama v. Garrett). The ruling represents an erosion of the progress we have made as a nation in promoting the employment of people with disabilities. The Supreme Court's decision gave short shrift to the volumes of evidence of discrimination against people with disabilities that Congress uncovered in the dozen hearings around the country in the two years leading up to the enactment of the ADA. The unemployment rate of people with disabilities is nearly 70%. Faced with this staggering figure, we must expand, not erode, our nation's efforts to promote community inclusion and economic independence for people with disabilities.

Easter Seals participated in a friend of the court brief with other disability organizations urging the Supreme Court to uphold the ADA. President George H.W. Bush also submitted a brief supporting the ADA. Easter Seals is disappointed that five members of the Supreme Court believed that Congress overreached its constitutional authority in making state governments liable for monetary damages under the ADA. As one of the key organizations working with Congress to enact the law in 1990, Easter Seals believes that there was sufficient evidence to support this Congressional action. Easter Seals agrees with the four Justices in the dissent who felt that Congress acted properly based on an extensive history of discrimination against people with disabilities.

Easter Seals affiliates have invested many years educating citizens and public officials about ADA requirements. Community leaders across the nation have embraced the ADA and found cost-effective ways to comply with the law. Easter Seals affiliates will continue to educate the public in the wake of the Garrett decision. Absent the threat of economic consequences, some entities may choose to disregard the law. Though the Court scaled back the awarding of monetary damages, it is important that state government officials understand that discrimination against disabled workers remains illegal.

Easter Seals will continue to work with Congress and the Bush Administration to promote policies and programs that guarantee people with disabilities are included in all aspects of public life. Easter Seals believes it is important for state governments to understand that they are still accountable under the ADA. This ruling leaves intact the obligation of state governments to operate under the ADA's nondiscrimination provisions. It only limits the awarding of monetary damages in employment cases brought by individuals. All provisions requiring state and local governments to make their services accessible to people with disabilities under Title II of the ADA are in full effect. Individuals can still sue to stop discrimination and the federal government can also continue to sue states on behalf of people with disabilities in employment cases.

For more than 80 years, Easter Seals has been providing services that help children and adults with disabilities gain greater independence. Our primary services—medical rehabilitation, job training and employment, inclusive child care, adult day services, and camping and recreation—benefit more than one million individuals and their families each year through its 400 centers nationwide.

For more information, or to contact Easter Seals (National Easter Seal Society), see their website at: www.easter-seals.org