Mental Health Association in Hawai'i

Garrett v. Alabama: Effects on the ADA and Olmstead

Mar 30, 2001

(Washington, DC, February 21, 2001) The American Association of People with Disabilities (AAPD), a national non-partisan, non-profit membership association of children and adults with disabilities, their family members and supporters, today blasted a U.S. Supreme Court ruling limiting the scope of the Americans with Disabilities Act (ADA).

"Our highest court today has weakened a civil rights law that protects more than 56 million Americans from egregious discrimination at the hands of State employers," noted Andrew J. Imparato, AAPD's President and CEO.

"Today's decision is the latest in a series of rulings where a narrow majority of the Court is whittling away at the civil rights of all Americans in the name of States' rights," he continued.

The decision in Garrett v. The University of Alabama involved two Alabama State employees, one with breast cancer and one with severe asthma. The adverse ruling today affects not just these two individuals, but any State employee with any kind of disability. Under today's decision, State employees will no longer be able to sue their State employer for money damages under the ADA. The ruling does not prevent individual suits for injunctive relief from a State employer, and does not bar suits initiated by federal enforcement agencies for money damages. The ruling likewise does not bar individual suits for money damages against private employers or local governments. The Supreme Court also explicitly declined to rule on Title II of the ADA, which applies to state and local government services.

"The ADA was passed in part because of the history of egregious discrimination and exclusion of people with disabilities by the States," said Imparato. "With today's ruling, a narrow majority has undermined the civil rights of millions of Americans and thumbed its nose at the overwhelming bipartisan support for the legislation in the Congress and in the American public," he continued. "The immediate impact of today's decision is limited in scope, but the Court's callous indifference to the impressive evidence of discrimination that Congress compiled as it considered the ADA is very disturbing."

"Under today's ruling and other recent decisions limiting the ability of Congress to protect individual rights under the Constitution, the U.S. Supreme Court is sytematically turning the clock back on civil rights. The disability community is outraged that our hghest court has chosen to weaken a law that is our ticket to full citizenship," Imparato concluded.

While this decision marked a step backwards for the civil rights of people with disabilities across the nation, planning continues in Hawai'i to implement the Olmstead decision. The Olmstead decision, also handed down by the Supreme Court, requires states to administer services, programs and activities in the most integrated setting appropriate to the needs of individuals with disabilities. Olmstead promotes equal access and requires that States develop a comprehensive plan to ensure that these community based living options are available.

In a collaborative effort between the Hawai'i Centers for Independent Living, the Department of Human Services, the Department of Health, and representatives from across the diverse-abilities community, the Olmstead group has been working together since August 2000 to develop this statewide comprehensive plan. Goals, objectives, activities, timelines, and identification of resources are all in the development process.

The Olmstead collaboration is an exciting opportunity for people to work across disability groups and find the common bonds that exist between us. The Mental Health Association in Hawai'i hopes that future endeavors are undertaken in which a multi-disability group of people work together to ensure equal access and non-discriminatory practices for ALL people.