Landmark Disability Rights Cases
On the 28th anniversary of the Americans with Disabilities Act, it seems appropriate to look back to some of the critical disability rights cases that the Supreme Court has ruled on since the ADA became law. If anyone tries to say that the rights for access and equality for disabled people over the last 50-60 years are permanent, immune to legal challenges or regulatory rollbacks, don't believe them because it is just not true.
Take, for example, the most recent passage of HR 620 in the U.S. House of Representatives. The legislation is called the 2017 ADA Education and Reform Act. The law's purpose is to amend the 1990 ADA law, requiring a "notice and cure" period whereby a person asserting that their civil rights are being infringed upon would have to provide a written notice to business owners.
Pro-business (mostly) Republicans love this because they say it will cut down on "frivolous" lawsuits. Disability rights activists and (mostly) Democrats contend that the ADA has been the law for 28 years. There needs to be no reason or relief for business owners not to comply with the ADA access requirements. The bill has yet to come up for a vote in a much more closely divided Senate. I hope that the Senate is successful in killing the legislation.
The legislation of HR 620, regardless of its probability of being passed into law, is a real and recent example of how our civil rights are frequently at risk. The legislation is just a timestamp of where our society and culture are at concerning equal rights for disabled people. And as times change and political winds shift, so can the laws that we thought were unchangeable. Like it or not, it is just a messy by-product of our system called representative democracy.
Enter the Supreme Court. The cases listed below became landmark decisions that ensured rights to equality and access for disabled people. They are a reminder that the rule of law can check the legislative branch's powers, but they aren't guaranteed. Therefore, the disability rights movement must remain politically engaged to ensure that our civil rights are not put in jeopardy, potentially halting our progress of societal integration, freedoms, and equality.
Consolidated Rail Corporation v. Darron
After the Supreme Court ruled in the first Section 504 case in 1979 that a hard-of-hearing woman's disability made her unqualified for the nursing program at Southeastern Community College, disability rights activists realized they needed to educate the Court on the issue of disability-based discrimination. In Consolidated Rail Corp. v. Darron, the Court ruled that firing a worker who had his hand amputated was employment discrimination prohibited by Section 504.
Tennessee v. Lane
In Tennessee v. Lane, the Supreme Court ruled that states have an obligation under Title II of the ADA to make reasonable modifications to ensure access to courts and courtrooms. George Lane, who uses a wheelchair, was unable to appear at his own trial without having to crawl up two flights of stairs or be carried.
PGA Tour v. Martin
In PGA Tour v. Martin, the Supreme Court upheld Title III of the ADA, which prohibits discrimination based on disability in places of public accommodation. Golfer Casey Martin needed to use a golf cart to compete in the PGA Tour, which had a walking-only policy. The Court ruled the PGA denied Martin equal access to its tour based on his disability.
Olmstead v. L.C. and E.W.
The Supreme Court affirmed in Olmstead v. L.C. and E.W. the right of individuals with disabilities to live in their own community under Title II of the ADA. The case involved two women in Georgia who were kept in a state psychiatric hospital long after mental health professionals had recommended their transfer to community care. The Court ruled that the ADA's "integration mandate" requires states to place people with mental disabilities in community settings when possible.