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Saturday, March 19, 2005

Ind. Decisions - ADA regulations at heart of state sovereignty battle

That is the headline of a story by Carole Carlson of the Gary Post-Tribune that reports today:

In what could become a landmark case, the U.S. Department of Justice is set to clash with the Indiana Attorney General’s office Thursday in a case that pits the Americans with Disabilities Act against state sovereignty.

U.S. District Judge Philip Simon will hear oral arguments from lawyers Department of Justice and the state’s Attorney General’s office at 1 p.m. in his Hammond courtroom.

The case stems from a class-action suit filed in 1998 by the Everybody Counts Center for Independent Living, a not-for-profit Merrillville advocacy agency, and eight local residents with disabilities.

Thursday’s court action is expected to draw several members of the disabled community to the federal courthouse. Interpreters for the deaf will be present in the courtroom.

The plaintiffs sued the Indiana Department of Transportation, the Northwestern Indiana Regional Planning Commission and a group of local transportation providers. They alleged multiple violations of the ADA law, passed by Congress 15 years ago. They complained about a denial of access, late pickups, a lack of adequate driver training or drug screening, and unsafe practices. They are seeking unspecified monetary damages.

Tom Fisher, special counsel for the Attorney General’s office, said the 11th Amendment or state sovereignty clause, excludes Indiana and other states from being liable for damages in private lawsuits. Fisher will argue the case for the Attorney General’s office. * * *

The government will argue that Indiana waived its immunity from lawsuits under Section 504 of the Rehabilitation Act by accepting federal money. In a written brief, it said although INDOT is not charged with providing public transportation, it is responsible for distributing federal transit funds to organizations and certifying that the money is used in compliance with the ADA and Section 504.

The federal government stepped into the lawsuit when the Attorney General’s office cited the 11th Amendment in its response in a motion for summary judgment.

“It sends a clear message to the defendants that the ADA isn’t a joke,” said Teresa Torres, director of the Everybody Counts Center for Independent Living. “It is a federal law. It is significant.”

The federal government is likely to base its argument on a 2004 Tennessee case in which a federal court ruled a disabled court reporter should have access to a state courthouse. Tennessee argued it was immune from legal action.

The Tennessee case, of course, is Tennessee v. Lane, decided May 17, 2004.

Posted by Marcia Oddi on March 19, 2005 07:47 PM
Posted to Ind Fed D.Ct. Decisions