Disability Rights Defeated!

Submitted by admin [1] on Thu, 05/01/2003 - 03:00

The entire disability and deaf and hard of hearing community suffered a devastating loss on April 29, 2003 when the Senate narrowly voted to approve Jeffery Sutton’s nomination to the Sixth Circuit Appeals Court by only 52 votes (51 votes is necessary for approval). The National Association of the Deaf (NAD) was very active in its opposition of Sutton, along with other disability organizations. The NAD opposed Sutton’s nomination because he has aggressively fought against the ADA, Olmstead, and many other civil rights laws that protect Americans with disabilities. The Sixth Circuit Court of Appeals is just one step away from the Supreme Court.

Despite this setback, disability rights advocates saw the slim victory as evidence of the disability community’s influence on the vote. The Chicago Sun-Times reported that the 52 votes Sutton got are the fewest for any confirmed federal judge since 1986.

NAD Law and Advocacy Center Director, Kelby Brick, expresses his opinion on the Sutton nomination.

More than 150 disabled Americans, over 75 deaf and hard of hearing people, crowded in a Capitol Hill room the day of the Sutton vote in a rally opposing his nomination. Senator Tom Harkin (IA), ADA Watch President Jim Ward, NAD Law and Advocacy Center Director Kelby Brick, and other disability leaders led the rally to preserve the ADA and disability civil rights. During his speech, Harkin warned the Senate that, "A vote for Jeffrey Sutton is a vote to undo the Americans with Disabilities Act."

Senator Tom Harkins speaks against the Sutton nomination.

Eighteen students from the National Technical Institute for the Deaf (NTID) traveled nearly seven hours to join Gallaudet University students in protesting against Sutton’s nomination. Many deaf and hard of hearing community leaders and advocates joined the students to unite against Sutton.

"The law exists because people were irresponsible in the past. The law exists to make sure we are being treated equally. We are here today to make sure the government commits to their part of the responsibility by not confirming Sutton,” said Lindsay Darnall, Jr. Gallaudet Student Body Government president.

"We need the ADA to provide the full access for our education through services such as interpreting, note taking, and more. These services help prepare deaf and hard of hearing students enter the competitive job market. Jeffrey Sutton will remove our rights,” said Chamroeun Dee, past NTID Student Congress (NSC) president.

Past NSC president Chamroeun Dee calls for equality.

“We should not give up after hearing the result. Sutton is not the only leader that we should watch out to protect our civil rights -- there are other leaders as well. We need to protect the American with Disabilities Act to make sure that we enjoy our freedom with equality,” said new NSC president Chris Samp.

The rally crowded the lobby leading to the Senate floor, encouraging Senators to vote against Sutton and cheering on proponents with the deaf applause. Unfortunately, the effort fell short when Sutton prevailed.

The NAD appreciates all of the community members and students who helped support the rights of over 28 million deaf and hard of hearing Americans at the rally. We must continue to fight against efforts to weaken the ADA.

“Although we lost the battle today, we still have to fight the war. There are people who wish to eliminate the ADA within the next two to three years. The NAD and other disability organizations will not tolerate this attempt to segregate and oppress us. Our rights are our life. If we do not fight back, they will make us second class citizens again,” said Brick, “we must continue our struggle for equality!”