NAD Responds To Barden Case

Submitted by admin [1] on Tue, 04/01/2003 - 04:00

The National Association of the Deaf (NAD) sent a letter along with other disability organizations to Mr. Theodore Olson, U.S. Solicitor General and Mr. Paul Clement, Principal Deputy Solicitor General in response to the U.S. Supreme Court case, Barden et al. v. City of Sacramento, et. al.The United States Supreme Court requested the opinion of the Solicitor General in the Barden case.

The Barden case addresses the question of whether cities and other local governments have an obligation under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act to take gradual steps over time to remove access barriers along public rights of way, separate from their obligation to install curb ramps at intersections. The specific question asked by Barden is whether a city that ensures the availability of sidewalks for safe transit by the general public is providing a "service, program, or activity" of a local government that is covered by Title II and the implementing regulations requiring program access.

The letter from the disability organizations to the Solicitor General explains that this is an issue of great importance to the disability community because sidewalks bind together all other activities of daily living. It also said that the ADA was intended to end discrimination in "such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services."

Furthermore, the letter cited President Bush's New Freedom Initiative goals that included transportation solutions for people with disabilities and an amicus curiae brief brought by the United States, which took the position that denying access to people with disabilities excludes them from the benefits of services, program, or activities. Given this Administration's support for and commitment to the rights of people with disabilities, the NAD, along with other disability organizations, hope and expect the Solicitor General will continue to defend disability rights before the United States Supreme Court.