The solution to the first problem: Make your attorneys do their homework! You can almost always posture a case so that it avoids the pitfalls of standing, mootness, and class certification. Do this and you will save people with disabilities from the effects of bad decisions. If you don’t have the resources or experience, network with other ADA lawyers or organizations. I love what I do and enjoy nothing more than sharing ideas and resources with other activists and lawyers. We also put many sample pleadings on our website, feel free to download: www.foxrob.com/pleadings/pleadings.htm.
The solution to the second problem: Vote for Democratic candidates for senator and president. I realize that’s partisan; it’s also reality. Federal judges—who make most of the ADA and other civil rights decisions—are nominated by the president and confirmed by the Senate. President Bush, despite his rather moderate record on Disability rights, has consistently appointed judges with an express hostility toward civil rights. Republican senators, no matter how admirable their views in other areas, have voted along their party line to confirm these judges. Decisions handed down by these judges are the ones that, day-to-day, chip away at the ADA and other civil rights protections.
Even if you are a Republican and/or your political views tend to the conservative, if you believe in disability rights, consider voting for a Democrat for president and in your local Senate elections in 2004. If you are an independent or a Green and find yourself with qualms about both parties, consider exercising your independence or giving voice to your qualms at the local level, and voting Democratic for senator and president. Most importantly, if you are a Democrat, just get out and vote.
In the long run, the appointment of federal judges who understand civil rights is the only hope for the future of the ADA.
The above is solely the opinion of the author . The NSCIA is not a partisan group. Ed.
FOR SALE!!!!***
*2003 Ford F-250 lift-equipped green/gray van; leather seats, TV, DVD player. Playstation hookup, am-fm radio. Rick Miller, 937-2245.
*2002 Dodge Caravan “Entervan” (Braun modification); app 18,000 mi; remote operated oil recently changed; mechanic confirms excellent condition; used only a little more than 2 mos.; $34,000. Call 859-492-7971.
*Ford 1997 Econoline Van; 100,140 mi; $16,000. Hunter Green-gray; new tires & brakes; “loaded”; call 270-786-4547; ask for Dale.
*1994 Dodge Caravan, equipped with lock down for driving; cruise control; tinted windows; 56,000 miles; good condition; $14,000; contact Ina Hogan at 241-7849.
*Hoveround MPV4; used only one year; 36” long; 23 1/2” wide; load capacity 300 lbs.; two direct drive motors; turning radius 17”; speed 5 mph. Asking $5,000 or best offer. Call 671-7656.
*Jazzy Electric Wheelchair; $2,000; 812-867-0137.
*1985 Komfort Koach Van with Power Lift; V-8; 350 BB; 5 liter engine; wheelchair safety straps; hook; television; power window and door locks; 127,000 mi; excellent condition; new tires; AC/front and rear vents; cruise control; AM/FM radio; tape deck; CB radio; game table and window shades; trailer hitch. Asking $2,995. Call 425-0314.
*Heavy Duty Scooter; used less than 50 hours/2 new batteries; $1200. Call (502) 348-9305.
*Liberty Stairlift/Set for 13 steps; $1500 soft; 937-9492
*Video tapes for sale. Various topics related to spinal cord injuries. Call David Allgood or Buddy Lawson.
***If assistance is needed to pay for any of the above items, contact Kentucky Assistive Technology Loan Corporation atfor information on loans at 5% interest to qualified candidates.
