Saturday, April 30, 2011

Sovereign Immunity for the State of Texas

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