Tuesday, January 13, 2004

Supreme Court to Hear Key Disability Rights Case; Advocates Call for 'Access to Justice' in Tennessee vs. Lane and Jones
US Newswire story at PsycPORT - "The Supreme Court will hear oral arguments tomorrow in State of Tennessee vs. George Lane and Beverly Jones, a case that could severely limit enforcement of key provisions in the Americans with Disabilities Act (ADA) that protect millions of people with disabilities from discrimination by public entities in courtrooms, schools, health care and other areas. ... At issue in the case is whether Congress had the authority to allow state and local governments to be sued for money damages for violating Title II of the ADA. Title II protects millions of Americans with disabilities from discrimination in access to public facilities and the provision of public services. Advocates fear that a negative ruling might diminish the ability of people with disabilities to enforce their civil rights in court and that the Court's ruling might further weaken the ADA, which has faced numerous challenges in recent years."  
  

Funding for boards at issue in suit (Alaska)
Anchorage Daily News story - "Just as lawmakers opened their annual session in Juneau on Monday, the state was sued to ensure oversight of services for people with mental illness and other conditions. The Law Project for Psychiatric Rights, an Anchorage-based private organization, sued in Anchorage Superior Court concerning a key provision of the 1994 Mental Health Lands Trust settlement. The settlement ended a divisive and complicated lawsuit that stretched over a dozen years and clouded title to 1 million acres in Alaska. That lawsuit contended the state had botched the original mental health trust set up in territorial days to pay for mental health programs. ... If it is, and if lawmakers then fail to provide adequate funding, that would be a breach of the settlement and would reopen the whole thorny issue..."