DISABLED CIVIL RIGHTS UNDER ATTACK
by
Gray Norris Gray
______________

The basic needs and their living conditions for disabled Americans are being attacked in the courts by southern states. They are using the court to systematically dismantle the present Americans with Disabilities Act (ADA).

Twenty-nine years ago, the first civil rights bill for Americans with disabilities was passed, The 504 Regulations, in 1975. It now seems as if we are going backwards on the basic needs and living conditions for disabled Americans.

This year, a political backlash has hit the disabled community. The states of Alabama and Tennessee sent the first salvos over the disabled Americans' bow. The State of Alabama and the University of Alabama did not have to comply with the Americans with Disabilities Act, therefore, disabled teenagers could not matriculate to the university of their choice. The State of Alabama proved in court that undue hardship on the university's budget to provide access to one disabled child. Hence, they were denying him an opportunity to academically prepare for his future. This argument, concept, opinion, and mindset are being expressed all over the country, and, unfortunately, our American disabled citizens will be the losers.

Last week The Supreme Court heard oral arguments in the State of Tennessee vs. Lane and Jones. A few weeks ago an article was published under the pen name of The Gray Line concerning this case. It is interesting to note that all of the Court Justices reviewed arguments for two and one half-hours in favor and against Lane, who is a disabled citizen of Tennessee. Mr. Lane could not enter the Tennessee Court in 1996 because it was inaccessible. He had to pull himself up the two flights of stairs in order to make his personal appearance in Court. If Tennessee wins this case this fall, the green light will be on to discriminate against disabled Americans. All that disabled Americans have fought for in the last thirty years will be legally defeated in the court. The Bush Administration has sent numerous brief's to the highest court of the land citing many times (States Rights), which is a Republican stance, and fall on the side against Lane.

The disabled community may find themselves very long way from true civil rights if the Supreme Court acts upon the results of these briefs and enacts a law or laws that encompass laws adverse to the disabled. Unlike the other Civil Rights Movements of America, the Disabled Civil Rights movement is the most difficult to past. It cost everybody money to get the job done and most Americans don't want to spend their money on such a movement.

If small businesses cannot afford to make their places of business accessible, why can't the government assist these small businesses to accomplish this task? In past political movements all they had to do was pass laws, change minds and the will of Americans in the disabled movement, then a new ramps would be built. Many doors would be widened. Lower voting booths would appear on national Election Day. Telephone booths all over the city would be lowered so the disabled could use the phones on the street. To accomplish that employees and fellow workers attended awareness training or workshops. All of these above items cost money, but were done.

In the Sixties, African Americans wanted to have equal rights with equal access to stores, schools, movies, and federal places of business. In the Seventies American Women wanted equal rights to the same jobs, the same salaries as men, and American Gays and Lesbians wanted equal protection under the law and equal health benefits.

All that was needed for the African American to have access to public and government buildings was that the segregationist signs be removed and change the racist thinking of a percentage of other Americans. For American women, business executives had to ensure woman receive equal pay for equal job performance. Again, not requiring much money on the private sector of America.

The disabled community is now fighting the conservative political thoughts in America, and Justice Scalia is a classic example of the reactionary responses to disabled rights: "All you need is a rational basis to keeping them (disabled) out. ..It's enough that the cost would be excessive. So saying that so many handicapped students cant get into schools means nothing at all" "Well, your honor, you sir, are missing the point. If you do not educate young disabled Americans, America will be supporting them (disabled) the rest of their lives. With this kind of logic, America would rather pay for a teenager to go into a nursing home after graduating high school then to for them to be gainfully employed, working, at IBM, SBC, or GE…." Justice Scalia continued to state that America cannot afford equality for people with disabilities because it would not be profitable to everyone in America.

Yet, your Honor, we can go to war in Iraq and spend millions a day for American freedom. This action benefits the military industrial complex not the average American.

Many of the members of the high court spoke as one, when they said: "What do these handicapped people want?" Most disabled Americans just want a chance for freedom, liberty, and the pursuit of happiness.

George Lane of Tennessee just wants to enter the courtroom in his wheelchair without another human helping him get there. He only wants to enter the courthouse under his own power. Is that asking too much?

We desire a simple courtesy, such as entering a restaurant and having the choice of sitting at any table we choose and not be directed to sit at a designated table for disabled people, one of the many indignities the disabled have to endure.

We would lie for the Justices to stop calling Americans with disabilities "HANDICAPPED." It is just like calling a black person the "N" word. We are disabled, physically challenged, or handi-capable. These Justices are to protect the rights of disabled Americans not to add more barriers, while protecting big industries from making their business accessible.

Tennessee and Alabama will continue to have this disable-ist attitude that tells them they do not have to provide accessibility for the disabled because it cost too much and do it with the courts blessings. America will follow suit and the disabled will be shut out again.

These two cases will reach their conclusion this summer. This writer will continue to monitor any action the Supreme Court may take regarding both of these cases for The Disabled Americans' Freedom. THAT IS THE GRAYLINE