For the Media:
Epilepsy Foundation Supports Right of People with Epilepsy and Other Disabilities to Access State Government Programs, Services

Washington, D.C., February 2, 2004 -- The Epilepsy Foundation has filed an amicus curiae (friend of the court) brief in a pivotal case before the U.S. Supreme Court that will determine whether states are immune from suits for money damages that are covered under the Americans with Disabilities Act (ADA) Title II.

The Epilepsy Foundation and other disability advocates are concerned that the Americans with Disabilities Act will no longer provide effective protection against discrimination by states and local governments if the Supreme Court decides that an individual who has been discriminated against by a state or local government agency cannot sue the agency for money damages.

ADA Title II prohibits states and local governments from discrimination on the basis of disability in their programs, services or activities. Prior to ADA Title II, people had no protection should there be discrimination. The brief demonstrates Title II is a necessary response to historical discriminatory practices by states.

The case in question is State of Tennessee v. George Lane and Beverly Jones, in which the Attorney General of Tennessee is arguing that Title II of the ADA is unconstitutional because it violates "states' rights."

"Other Supreme Court decisions in the recent past have narrowed the scope of the ADA. We are making every effort to preserve the ADA, protect it from further erosion and keep its original intent of preventing discrimination on the basis of disability," said Eric R. Hargis, president and CEO of the Epilepsy Foundation.

Plaintiffs George Lane and Beverly Jones, both of whom use wheelchairs, sued the state of Tennessee for failing to ensure that its courthouses are accessible to individuals with disabilities. Both plaintiffs were denied access to courtrooms on the second floors of buildings, lacking elevators. One plaintiff, Beverly Jones, worked as a court reporter. The other, George Lane, was a defendant in a criminal case. The state arrested Lane for failure to appear when he refused to crawl or be carried up the stairs. Lane and Jones filed suit under Title II of the ADA.

Since the Supreme Court's decision in University of Alabama v. Garrett, which held that individuals could not sue the state for money damages under the employment provisions (Title I) of the ADA, the federal appellate courts have been split over whether private individuals can sue the state for money damages under Title II of the ADA.

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 works to prevent, control and cure epilepsy through research, education, advocacy and services.

Media Relations: (301) 918-3772/3773.