NCD #04-451
February 23, 2004
Contact: Mark S. Quigley
202-272-2004
202-272-2074 TTY
mquigley@ncd.gov

National Council on Disability Commends Bush Administration for ADA Support

WASHINGTON--The National Council on Disability (NCD) commends the Administration's on-going support for the Americans with Disabilities Act (ADA). Millions of Americans with disabilities achieve increased productivity and independence as a result of the access provided by ADA enforcement. In response to recent cases involving the ADA, the U.S. Department of Justice (DOJ) has been consistent in actively defending the constitutionality of the ADA and the civil rights of individuals with disabilities.

On January 13, the U.S. Supreme Court heard oral argument in the case of Tennessee v. Lane--a case in which a person who uses a wheelchair was jailed for failing to appear for a second-floor court proceeding to which there was no elevator. The State of Tennessee argued that it cannot be sued by the individual under the ADA because it is protected from suit by the Eleventh Amendment of the U.S. Constitution. Paul D. Clement, DOJ deputy solicitor general, vigorously defended the constitutionality of the ADA and the right of individuals with disabilities to sue states that engage in such discriminatory conduct.

DOJ has played a pivotal role in the implementation and effective enforcement of the ADA since its inception. Should the Supreme Court rule in favor of states' rights at the expense of the civil rights of individuals with disabilities in the Tennessee v. Lane case, the role of DOJ in protecting the rights of Americans with disabilities will be even more critical, and NCD will actively seek the assistance of Congress to bolster DOJ's resources to meet this need.

For more information, contact Mark Quigley at 202-272-2004 or 202-272-2074 (TTY).