Texas and ADA part II

[Guest guest]

Disability act lawsuit sparks dissent

Some legislators say they'll ask attorney general to change his

position on the law

By Ball

AMERICAN-STATESMAN STAFF

Saturday, January 10, 2004

State legislators say they want Texas Attorney General Greg Abbott to

stop his office's efforts to strike down part of the Americans with

Disabilities Act.

Last month, Abbott came under fire for arguing that Title II of the

law, the section that requires public entities to provide equal

access to buildings and services, is unconstitutional. Advocates for

people with disabilities said they expected more from Abbott, who has

used a wheelchair since a 1984 accident.

Now several Texas legislators say they want to meet with Abbott to

ask him to change his position on the law.

" I think very highly of him personally, but he's wrong about this, "

said state Rep. Elliott Naishtat, D-Austin.

Abbott said he's doing exactly what he was elected to do.

" Personally, there is not a stronger supporter of the ADA than I, "

Abbott said. " Personally, there may not be a person who needs public

buildings to be accessible more than I. . . . As the attorney

general, I have the legal obligation to defend the State of Texas

when it is sued in court. "

The debate stems from a lawsuit mired in federal court.

In 2002, two advocacy groups sued the state, claiming that Texas is

violating the Americans with Disabilities Act by not providing help

to enough people with mental retardation and developmental

disabilities.

Abbott's lawyers defended the state, in part, by claiming that the

law is unconstitutional.

If Abbott wins in court, Texas no longer will have to follow the

federal law that requires states to provide equal access to buildings

and services. That includes making buildings accessible to people

with disabilities, providing sign language interpreters and providing

Braille ballots.

Critics call Abbott's stance hypocritical because he has personally

benefited from the disabilities act. On Friday, more than 40 people

gathered near the Texas Supreme Court building, holding signs and

chanting, " ADA today, ADA tomorrow, ADA forever. " Naishtat attended

the rally.

" People are very, very angry about this, " said Bob Kafka, an

organizer for the advocacy group ADAPT who uses a wheelchair. " This

hurts real people. "

Abbott said his disability has nothing to do with the way he does his

job.

" That's offensive, " he said. " They think that just because I'm in a

wheelchair, I should ignore the law and come down on their side. "

Rally organizers said they'll fight to preserve Title II. Advocates

are planning e-mail, telephone and letter writing campaigns. They

also said they might stage protests during Abbott's public

appearances.

Legislators said Abbott's office should pursue other legal options.

" To think we are regressing in how we treat each other, our brothers

and sisters, is just outrageous, " said state Sen. Gonzalo Barrientos,

D-Austin.

Texas is among a number of states challenging the constitutionality

of the law. On Tuesday, the U.S. Supreme Court will hear arguments in

Tennessee v. Lane, which also centers on whether Title II is

constitutional.