US Appeals Court Strikes Blow Against ADA

U.S. Court of Appeals Declares State and Local Governments Exempt from ADA
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Yep! You read that right. A three judge panel of the 6th Circuit Court of Appeals recently declared that the Americans with Disabilities Act (ADA) provides disabled citizens no protection against abuse by the states.

The case involved a 72-year-old man with hearing loss who sued the county Domestic Relations Court for violating the ADA. He had requested real time captioning to enable him to understand the court proceedings. The court refused to provide this accommodation, and offered a FM headset. The man sued the county in U.S. District Court and won a $400,000 settlement in a jury trial.

The 6th Circuit Court of Appeals threw out that decision on appeal, arguing that states' rights exempt state and local governments from Federal rulings such as the ADA. The ruling is especially interesting in light of a similar case currently being argued by the U.S. Supreme Court.

Entitled Garrett vs. Alabama, the Supreme Court case also hinges on the question of states' rights vs. Federal authority. Given the increasingly conservative disposition of the Supreme Court, a ruling in favor of the states is no longer out of the question. As unthinkable as it may be to the 50 million Americans with disabilities, their protection against discrimination by state and local governments may disappear with the stroke of a pen when the Supreme Court rules on this case.

Sigh.