December/January 2001

Long-Term Rehab News

Alabama Takes the ADA to Court

Questioning the constitutionality of the Americans with Disabilities Act (ADA) may seem strange after its 10th anniversary celebration, but the United States Supreme Court is expected to decide whether or not the ADA is legal by January. University of Alabama vs Garrett rekindles the federal-vs-state power argument that has fueled the country since its inception. The ruling will have an impact not only on disability rights but also on the role of the federal government in state civil rights enforcement.

The case brings together two plaintiffs who sued Alabama for violating the ADA. Patricia Garrett, 61, was the director of obstetrics and gynecology neonatal services for the University of Alabama until her breast cancer treatments caused her to take a leave of absence. Upon her return, she was demoted and eventually transferred from her position. The second suit involves Milton Ash, an asthmatic corrections officer, who sued the Alabama Department of Youth Services for not enforcing the agency's no-smoking rule and failing to service the cars he was required to drive, which emitted noxious fumes.

The heart of the issue is whether or not states can be sued for monetary damages for not enforcing a federal law, in this case the ADA. Lawsuits of this nature are allowable under the 14th Amendment only if discrimination in the state is sufficiently documented by Congress, which revokes the state's immunity against lawsuits. A ruling in favor of the state would have far-reaching implications, including affecting the legality of similar lawsuits against an employer. In addition, such a ruling potentially could eliminate Title II of the ADA, which bans discrimination in access to public services.

The Supreme Court heard opening arguments in October. The Alabama Attorney General argued that the "Civil Rights Act for people with disabilities" violates state rights. Lawyers for disabled advocates said that Congress had the right to intervene because of the state's history of discrimination based on disability.

The ruling will affect at least two other cases. In Idaho, US District Judge Edward Lodge put a field-burning case on hold because the suit hinges on the Supreme Court ruling. Lawyers contend that the burning affects asthmatic children in a nearby school. In northern California, a school district filed a suit challenging the constitutionality of the ADA, mirroring University of Alabama vs Garrett.

According to the Bazelon Center for Mental Health Law, the ruling is anticipated to be a close decision. In the recent Kimel vs Florida Board of Regents case, the Supreme Court decided 5-4 that states are not required to pay damages for violations of the Age Discrimination in Employment Act.

Teleconference Highlights Home Modification Options

The National Resource Center on Supportive Housing and Home Modification at the University of Southern California Andrus Gerontology Center, Los Angeles, recently sponsored a national audio-teleconference featuring two home modification programs. Representatives from Christmas in April USA, Washington, DC, and the National Association of Home Builders (NAHB) Research Center, Upper Marlboro, Md, discussed their efforts to bring education to seniors and others who require changes, ranging from grab bars to new roofs, to make continued living at home possible. Richard Duncan, MRP, director of training at the Center for Universal Design, North Carolina State University, Raleigh, facilitated the discussion.

Anne Fothergill, director of affiliate operations at Christmas in April USA, said that the nonprofit organization will focus its attention on home modification this year thanks to a grant for the Administration on Aging (AOA). Christmas in April, which has 245 affiliates around the country, sends skilled and unskilled volunteers to repair and modify houses one day a year, generally the last Saturday in April. Because some affiliates choose a day in another month, the organization announced its name change to Rebuilding Together.

For its 1-year project entitled "Advancing the Role of Volunteerism in Delivering Home Modification Services to an Aging Population," Christmas in April will increase education and awareness for hundreds of volunteers in home modification through standardized information volunteer pamphlets and educational seminars in major cities. Christmas in April will track its 250,000 volunteers to determine how many people are helped.

Fothergill says that homeowners often overlook details like grab bars in favor of larger projects like fixing a roof. "[The project] is raising awareness about the need to evaluate volunteers and to look beyond what the home owner names as priority. We need to look beyond to see what else needs to be done," she says. "Hopefully, it will continue on an even greater level than I can imagine."

Deborah S. Adler is the project director of the National Center for Seniors' Housing Research, which was established by the NAHB in conjunction with the AOA. The research center will focus on compiling the types of products and services that home owners have purchased. Eventually, it plans to have a certificate program for contractors because home owners often worry about workers who are unskilled or who overcharge.

"Home owners are wary of work that needs to be done on their house," Adler says. "The more education brought to remodelers, the better."

The center will also host educational sessions and a competition for design students that involves 120 participants. The research center hopes to disseminate its findings to help home owners make informed decisions about modification s.

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