WASHINGTON, Jan. 22 (AScribe Newswire) -- Leading national advocates for the rights of people with disabilities are urging grassroots action on an upcoming Supreme Court case that could have profound implications for people who are protected by the Americans with Disabilities Act (ADA).
"The ADA shields millions of Americans with disabilities from discrimination, but its protections are only as effective as the courts will allow," said Ira Burnim, legal director at the Bazelon Center for Mental Health Law. "A negative ruling in this case could hobble future efforts to protect their rights."
Michael Hason, M.D., was denied a medical license because he had a history of treatment for depression. Dr. Hason sued the California Medical Board under Title II of the ADA, which prohibits discrimination by state and local governments. The board, a state agency, argued that it is immune from suit under the 11th Amendment. Hason lost in U.S. District Court, but the U.S. Court of Appeals for the 9th Circuit overturned the decision.
The Supreme Court will probably hear Hason v. Medical Board of California in March and issue its decision by late June. At issue is whether Congress had the constitutional authority to subject states to suits for money damages under Title II of the ADA. A negative ruling might suggest that Congress did not have the power to enact many of the core protections in Title II.
"Our position in this case is simple," said Sharon Masling, director of legal services at the National Association of Protection and Advocacy Systems (NAPAS). "We believe Congress has the authority to pass laws that protect individuals with disabilities from discrimination."
"The stakes are high," continued Burnim. "The court is going to be considering the very constitutionality of the ADA."
Hason is the latest in a series of "states' rights" cases heard by the Supreme Court. In those decided to date, the court has found that Congress did not have the power to subject the states to damages suits under various civil rights statues.
In University of Alabama v. Garrett, the court ruled that state employees could not sue their employers for money damages under Title I of the ADA, which bans employment discrimination. In Kimel v. Florida Board of Regents, the court held that states are immune from suits for damages under the Age Discrimination in Employment Act. This term, in Nevada Dept. of Human Resources v. Hibbs, the court is considering whether states are immune from damages suits under the Family and Medical Leave Act.
NAPAS and the Bazelon Center are urging activists to ask their state lawmakers to support Hason's position in the suit. The national non-profit groups are also coordinating friend of the court briefs to be filed on Dr. Hason's behalf.
"We're counting on advocates to let their states know how important the ADA's protections are to people with disabilities," continued Masling. "Briefs from the states could have a big impact on the court's decision." The state of Minnesota has plans to file a brief in support of the ADA, but other states may join a brief in support of the states' rights position.
"We believe that Dr. Hason has demonstrated his ability to practice medicine responsibly and that the medical board's denial of a license constituted discrimination," added Burnim. "We're going to argue strenuously to ensure that his rights to legal recourse - and the rights of all people with disabilities - are protected."
Additional information on the case is available online at http://www.bazelon.org/hason
The Bazelon Center for Mental Health Law is the nation's leading legal advocate for people with mental disabilities. Since its founding in 1972, the nonprofit organization's precedent-setting litigation and public-policy advocacy has successfully challenged many barriers and expanded access to public schools, workplaces, housing and many other opportunities for community life.
The National Association of Protection and Advocacy
Systems, Inc. (NAPAS), is the voluntary national membership
association of protection & advocacy systems and client
assistance programs. It assumes leadership in promoting and
strengthening the role and performance of its members in
providing quality legally based advocacy services. NAPAS
has a vision of a society where people with disabilities
exercise self-determination and choice and have equality of
opportunity and full participation. NAPAS believes this
vision will be realized through the enactment and vigorous
enforcement of laws protecting civil and human rights.
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