I recently received an email from one of my list serves, on behalf of the Coalition of Citizens with Disabilities, that SB 1523 is under consideration in the Texas Senate, and if passed, would "release Texas of its claim of sovereign immunity of the ADA." (Americans with Disabilities Act)
I had never heard of sovereign immunity, and learned that some states are able declare themselves immune from being sued either civilly or criminally. The saying is "The queen/king can do no wrong", according to Wikipedia. Other organizations, groups and individuals can be sued for violating the ADA. Even cities and counties in the State of Texas are able to be sued, but the Texas government cannot. Ironically, our attorney general Greg Abbott is a man with a disability, and I would expect him to be ardently opposed to any piece of legislature that would prevent access and civil rights to all persons with disabilities.
I have issue with people in power who feel they are above the regulations they enforce. This is in essence a political version of the school yard bully. To be in a position of being untouchable needs to be addressed, because if a person with a disability has no real recourse, then their civil rights have been violated.
If this bill is not passed, I foresee people who sue going after blameless cities and counties who may not have the resources to handle a legal issue that should have been tried at a state level.
The notion of sovereign immunity is another indicator that politicians in Texas do what will protect themselves, instead of doing what is in the best interest of their constituents.
http://www.cotwd.org/ada_page.html
I agree with you 100% regarding the issue of sovereign immunity that you have written about Christie. The fact that our state legislators are even considering this bill is absurd. You bring up an interesting point about our Attorney General, Greg Abbott, being an individual with a disability. As the top attorney in our state, I would hope that he would review this purposed bill and be vehemently opposed to it. Our state government should be held accountable for any wrongdoings or discrimination regarding individuals with disabilities. These issues should be addressed by our state government and addressed accordingly at that level.
ReplyDeleteThe ADA (Americans with Disabilities Act) was enacted at the federal level specifically to protect individuals with disabilities from any type of discrimination. Why should local city and county municipalities be held accountable in the form of lawsuits if this is an issue that should be addressed at the state level? This purposed bill would most definitely be considered an instance where state government politicians are only looking out for their best interest, when the interests of their constituents, especially individuals with disabilities, should be considered first and foremost. This is an example of the state government not wanting to be held accountable, and passing the responsibility of possible litigation to local municipalities. If this purposed bill passes, it will not be in the best interest of constituents, particularly those with disabilities, and hopefully there will be members of our legislation that agree with the way you and I view this particular issue of possible sovereign immunity that would release the state from any liability regarding discriminatory actions against individuals with disabilities.