In Victory for Civil Rights, Supreme Court Rules in Favor of People with Disabilities
Feature Story by Civilrights.org staff - 5/17/2004
In a narrow 5 to 4 decision, the U.S. Supreme Court held, in Tennessee v. Lane, that citizens have the right to sue state governments that fail to provide adequate access for disabled persons.The case involved the denial of access to, and the services of, the Tennessee court system. George Lane had refused to crawl up a Tennessee courthouse's steps when attending a hearing for misdemeanor traffic charges, and subsequently was arrested for failing to appear in court. Beverly Jones, a court reporter relying on a wheelchair for mobility, repeatedly requested accommodations for wheelchairs. Her requests were denied.
"Today's decision is a huge win at a critical time for millions of Americans with disabilities," said Ira Burnim, legal director for the Judge David J. Bazelon Center for Mental Health Law. "The Supreme Court today narrowly rejected a radical interpretation of states' rights that would have robbed millions of a vital means of protecting their civil rights."
Title II of 1990's Americans with Disabilities Act mandates equal treatment for disabled persons in public "services, programs, and activities." The historic piece of legislation served as a central argument for Lane's and Jones' legal team.
At issue was whether Title II was a valid use of Congress' power to define and prevent unconstitutional behavior by states. Justice Sandra Day O'Connor surprised some by joining with Justice John Paul Stevens and others in a majority opinion affirming the lower court's decision in favor of Lane and Jones. Chief Justice William Rehnquist was among the dissenters.
"We now must call on Congress and the White House to address the damage done by previous court decisions that have weakened the Americans with Disabilities Act," said Jim Ward, president of ADA Watch and the National Coalition for Disability Rights. "While the ruling was disturbingly close, the disability rights community must take this decision as an indication that we can and will win in our efforts to promote a fair and just society for all Americans."
Tennessee Attorney General Paul Summers admitted there were no elevators for Lane, but argued that the state was immune from a lawsuit for damages.
Andrew J. Imparato, president of the American Association of People with Disabilities, celebrated the victory but insisted that the battle for disabled rights would continue.
"Four justices still do not understand the connection between Brown v. Board of Education, the Constitution's protection of individual rights, and the right to be present at your own trial if you use a wheelchair."



