For the Media:
Disabilities Judgment Positive, But Too Limited, Advocates Maintain

Epilepsy Foundation Says ADA's Anti-discrimation Measures Not Sufficiently Addressed

Washington, D.C., May 18, 2004 -- The Epilepsy Foundation, representing 2.5 million Americans with seizures, hailed the U.S. Supreme Court's May 16 decision in Tennessee v. Lane to uphold the rights of persons with disabilities to sue states on the basis of disability-based discrimination. However, it viewed with alarm the Court's narrowed focus on access to courts and to rights guaranteed by the Due Process Clause of the Constitution rather than on the broader access to programs and services required by the Americans with Disabilities Act.

The case was brought by George Lane and Beverly Jones, who had been turned away at the door of a state courthouse because it lacked wheelchair access. The decision means that they can now sue the State of Tennessee for damages and also to force the state to make the courthouse accessible for other defendants and members of the public with disabilities.

George Lane had sued the State after being unable to attend his own criminal trial because there were no wheelchair ramps or elevators in the courthouse. Beverly Jones, a court reporter who also uses a wheelchair, sued the state after she could not access the courts to take transcription. In its defense, the State of Tennessee argued that Title II of the Americans with Disabilities Act, the federal law that prohibits states from discriminating on the basis of disability in the provision of services and programs, was unconstitutional since states are immune from private lawsuits under the federal Constitution, and thus, it could not be held liable.

The Supreme Court, however, rejected Tennessee's argument. In so doing, it explained that in enacting the Americans with Disabilities Act, Congress acted because citizens with disabilities continued to be deprived of their fundamental rights to a fair trial and to access the courts because of their disabilities and that other laws had been ineffective in preventing such discrimination. Access to the courts and the right to a fair trial are protected by the Due Process Clause of the Constitution

The Epilepsy Foundation regards the decision as a welcome development in a sea of disappointing decisions by the Court in which the rights of people with disabilities - particularly their employment rights - have been all but washed away. Still, in the opinion of the Foundation, it does not go far enough. The law itself prohibits a state from discriminating in the provision of any public service or program, whether it involves courts, police and emergency services, educational services, town sports and recreational programs, or the right to marry.

In announcing its opinion, the Supreme Court made clear that its decision applies only in cases where a fundamental right protected by the Due Process Clause, such as access to the courts, the right to marry and voting, are at issue. In its view, the range of activity restricted by Title II is too broad to decide in the abstract whether Congress acted within its Constitutional limits to prohibit discrimination. Thus, the question of whether states can discriminate without fear of repercussion in providing other public services and programs -- such as ensuring that public hospitals are accessible and prison staff properly trained in responding to seizures -- remains undecided. The fact that the Court did not make clear in today's decision that it is within Congress's authority to outlaw such discrimination, is not a positive sign.

Upon hearing of the Court's decision, Tony Coelho, Chair-Elect of the Epilepsy Foundation, commented:

"Though I’m very pleased with the outcome in this case, I am concerned about the future of the Americans with Disabilities Act. That four justices did not find that Congress had sufficient evidence of discrimination against people with disabilities is alarming.

As one of the members of Congress who spearheaded the passage of the Americans with Disabilities Act, I can assure you that Congress had before it voluminous evidence of discrimination against people with disabilities by the states, and we intended to provide people with disabilities with the same civil rights protections that others have under the Constitution and under federal laws barring discrimination based on race and gender. The ADA was designed to protect a person from being denied services and being discriminated against just because he happens to have a disability."

Though the Court's decision in Tennessee v. Lane keeps these protections in place for now, it is clear that people with epilepsy and other disabilities will have to have to keep fighting to ensure these protections are not taken away.

Eric R. Hargis, President and CEO of the Foundation said:

"The Epilepsy Foundation, which filed an amicus brief in this case along with other disability-rights organizations, will continue to speak out on behalf of people with epilepsy to ensure their rights and their right to coverage by the Americans with Disabilities Act. The fact that this case even went to the Supreme Court shows what a great need there is for better public recognition of the needs and issues facing people with disabilities."

The Epilepsy Foundation is a nonprofit organization with the goal of ensuring that people with seizures are able to participate in all life experiences; and which works to prevent, control and cure epilepsy through research, education, advocacy and services. Epilepsy, which is marked by recurrent seizures, is the most common neurological disorder in children and affects 350,000 people under the age of 17. Despite modern therapy, which includes daily medication that works for some, about 1 million people continue to have seizures or significant side effects from treatment. A study published in 2000 showed that epilepsy costs the nation more than $12.5 billion a year.

# # #

Contact Information:

Media Relations: (301) 918-3772/3773