From Gloria–good interesting, helpful case law & this blog gives Pro Se’ers preference

Posted on by

from Gloria

http://www.ada.gov/5yearadarpt/iii_constitionality.html

III. PROTECTING THE CONSTITUTIONALITY OF THE ADA

Another good post is Tenn, v. Lane,
http://biotech.law.lsu.edu/cases/ADA/lane.htm
Gloria asks also why she knows of these case but not the lawyers.  First of all, I have read Tenn v. Lane and have used it.  I just don’t have a brief for it at the moment and if I used it I would see if there are more recent cases
favorite quote:
The historical experience that Title II reflects is also documented in the decisions of this and other courts, which have identified unconstitutional treatment of disabled persons by state agencies in a variety of public programs and services. With respect to the particular services at issue, Congress learned that many individuals, in many States, were being excluded from courthouses and court proceedings by reason of their disabilities. A Civil Rights Commission report before Congress showed that some 76% of public services and programs housed in state-owned buildings were inaccessible to and unusable by such persons. Congress also heard testimony from those persons describing the physical inaccessibility of local courthouses. And its appointed task force heard numerous examples of their exclusion from state judicial services and programs, including failure to make courtrooms accessible to witnesses with physical disabilities.
So if you pro ser’s out there send and read cases, send them along to me because you DO have preference.  The courts should be equal access to justice.
Another good resource because ADA cases are so hard to find.  Most litigants are poor and cannot afford to get them even to the Fed. District. Court level, let alone to the Federal App. Circuits where they can be cited and make a difference, try:

Leave a comment