Editor: The Supreme Court has agreed to hear a case involving the constitutionally of the ADA as it is currently applied to state governments. In a similar case involving the Federal Age Discrimination in Employment Act, the Supreme Court ruled that the Constitution prevents the application of this Federal law to state governments. A similar finding regarding the ADA would be a real blow to the hearing loss community.

Because this is a Supreme Court case, rather than a potential legislative initiative, I'm not sure there's much we can do to influence the decision. The following article mentions a couple of possible actions that may be beneficial.

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The Supreme Court will soon hear two disability discrimination cases question the constitutionality of Title II of the Americans with Disability Act (ADA). The crux of the matter is whether or not Congress exceeded its authority when it passed ADA in 1990.

This case is one of a series of cases that have begun to weaken protections offered by national law. Those opposing these laws argue that the Fourteenth Amendment to the US Constitution prevents the Federal Government from enacting legislation that regulates state conduct. This concept was most recently challenged in a case involving age discrimination on the part of the government of Florida. In this situation, the Supreme Court ruled that the Federal Age Discrimination in Employment Act does not apply to state governments.

The case will begin in April; a decision is expected by this summer. If the Supreme Court rules that ADA provisions cannot be applied to the states, we can expect a multitude of ramifications for people with hearing loss. State governments may be able to refuse to hire people with disabilities, may be able to fire current employees with disabilities, and may no longer be required to provide accommodations to people with disabilities.

Here are some things you can do to avert this potentially disastrous ruling:

1. Contact disability rights advocates in your state, and be sure they are informed about this impending decision. State briefs are due to the Supreme Court in March, so NOW is the time to contact these people.

2. Contact the disability rights organizations in your state and work with them. This was a very effective technique in the recent Olmstead situation.

3. Contact your state officials and inform them that you expect them to oppose any reduction in access requirements for people with disabilities. Ask them to file a brief supporting the constitutionality of ADA

While the current cases only address the applicability of ADA to state governments, a valid concern is that this is just part of an ongoing trend to attempt to weaken enabling legislation in all areas of American society.