Do Civil Rights Not Apply to the Disabled?

This was very interesting not for the subject, but for the meaning.  Suppose a foreign owned company claimed African Americans could be charged higher fares or women had to be accompanied by men. Suppose all the public bathrooms were just for white men. And they had the right to do this because they were based in a foreign country?

 

Should equal rights apply to the disabled also?!  Why do people believe civil rights only apply to racial or gender differences? Apparently we sometimes need to be reminded of common sense.  I applaud the American Supreme Court for recognizing this simple and basic fact.  Too bad all of the lower courts and for the five judges did not...  Makes you wonder and I challenge you to think, how would you have ruled?

-Mark

Our Top Story: Supreme Court Rules Americans with Disabilities Act Covers Cruise Ships

By Mike Ervin

Last session, in a 5-4 decision in the case of Spector v. Norwegian Cruise Line, the US Supreme Court ruled that cruise ships are subject to disability discrimination lawsuits under the ADA.

Operators of cruise ships that depart from and return to US ports play this cute little capitalist game where they fly under flags of other countries to avoid paying US taxes and obeying certain US laws. It's funny how they love America and Americans when it's time to take our money, but not when it's time to give some back.

Douglas Spector was one of several disabled customers of Norwegian who filed the suit in 2000. They claimed in their suit, among other things, that they were required to pay significantly higher fares and to travel with nondisabled companions.

They also said their cabin options were limited by inaccessibility and there were no accessible public restrooms on the ship.Facts notwithstanding, Norwegian lawyers argued that they didn't have to obey ADA because of their convenient foreign status.

On the list of pressing accessibility concerns, access to cruise ships is not very high. With an unemployment rate of about 70 percent, disabled folk are more likely concerned with access to a loaf of bread.

But imagine if this was any other kind of discrimination case. Suppose African Americans were charged higher fares or women had to be accompanied by men. Suppose all the public bathrooms were just for white men.

Now suppose Norwegian had the gall to claim the defense that racial and gender discrimination laws don't apply to them. In oral arguments before the Supreme Court, Justices Ruth Bader Ginsberg and David Souter asked Norwegian's lawyer David Frederick if it was determined that the ADA did not apply to Norwegian and thus other cruise lines, could they then consider themselves to be exempt from other US civil rights laws too? After initially dodging the question, Frederick grudgingly answered yes.

But let's just suppose the wildly implausible scenario that Norwegian responded to a racial or gender discrimination suit with the defense that it had no obligation to treat African Americans or women equally. What are the odds of both lower courts agreeing with this position, as they did in the Spector case?

But Norwegian would never have risked such incredible bad publicity in the first place. Imagine the scorching editorials. They would have, as they should have, fixed the problem. But when it came to the treatment of people with disabilities, they thought they could get away with brazen defiance in the courts of law and public opinion. They were almost right.

Any victory for the ADA is good. But it's ridiculous that things even went that far. It's clear that the ADA has still not earned the reverence it deserves. Let's at least hope now it's a small step closer.

Stem Cells: SSSCR Press Release- Campaign to Cure Paralysis, Oct 10, Nationwide Candlelight Vigils

STUDENT SOCIETY FOR STEM CELL RESEARCH PRESS RELEASE: FOR IMMEDIATE RELEASE October 08, 2005

 

Media Contact: Marion J. Riggs 813.368.8937 mjriggs@ssscr.org

 

On Monday, October 10, 2005, at schools across the nation, members of the Student Society for Stem Cell Research will hold “Nothing is Impossible” candlelight vigils to honor the life of Christopher Reeve on the anniversary of his passing.

 

“It is very tempting to give up, yet we have to find the will to keep going.  But even when we discover what motivates us, we realize that we can’t go the distance alone.”  Christopher Reeve

 

On October 10, 2005, the Student Society for Stem Cell Research is launching the Campaign to Cure Paralysis (C2CP) from spinal cord injury and other disorders by holding Nothing Is Impossible candlelight vigils at campuses throughout the United Sates. The C2CP is a national effort involving SSSCR chapters at leading national universities such as Berkeley, Harvard, Dartmouth, Purdue, and Baylor College of Medicine.  The C2CP is a strategic alliance with national patient advocacy organizations, including the Daniel Heumann Fund for Spinal Cord Research, Cure Paralysis Now, Stem Cell Action Network and the Genetics Policy Institute, which promote a rational and ethical framework for stem cell research.

 

In America, there are 400,000 people with spinal cord injury, 400,000 individuals living with multiple sclerosis, 1 million people with Parkinson’s, and over 5,000 annual diagnosis of ALS.  Stem cell research is casting new light on these conditions as potentially treatable.  Recent research at the University of California at Irvine has proven the amazing potential of stem cells in regenerating motor skills in spinal cord injured mice.  The striking advances in the lab used to make Christopher Reeve wistfully ponder, “Oh to be a rat.”

 

Just as President John F. Kennedy challenged the nation to go to the moon, we must now challenge our country to recognize the urgency to make paralysis a treatable condition that needs a cure.

 

“On behalf of the Christopher Reeve Foundation, we are delighted to hear students across the country are honoring Chris today by launching a Campaign to Cure Paralysis,” said Kathy Lewis, President and CEO of the Christopher Reeve Foundation.  “Emboldened by Christopher’s determination, inspired by his courage, impassioned by his vision, and in his honor I say to you, Go Forward.”

 

The Christopher Reeve Foundation joins the Student Society for Stem Cell Research in support of The Stem Cell Research Enhancement Act of 2005, advancing all avenues of research at the National Institutes of Health, and actively working to pass the Christopher Reeve Paralysis Act in this Congress.

 

Our generation is ready to carry the flame of Christopher Reeve’s dream for a cure to paralysis.

 

The Student Society for Stem Cell Research is a U.S. based international organization that is dedicated to advancing scientific research for cures. The SSSCR network spans over 100 institutions, 35 states, and 10 countries. SSSCR is a special project of the Genetics Policy Institute and a member of the Coalition for the Advancement of Medical Research.

 

For more information or to become involved in stem cell advocacy please visit the Student Society for Stem Cell Research at www.ssscr.org, call 813.368.8937, or email info@ssscr.org.

 

Our future…our world…our responsibility…

Political Advocacy: Access to Mobility Call-In Day

To say that people with disabilities should remain prisoners in their own home, is to say that society would rather not see people with disabilities.  Out of site, out of mind is the message being sent.

 

Criminals, convicts, and other convicted offenders on parole are put on house arrest.  The Centers for Medicare and Medicaid Services "in the home" restriction policy effectively puts individuals with disabilities on "house arrest"!  Where is the justice in that?!  Take action and make a phone call, otherwise if something happens to you tomorrow to limit your mobility, it may truly be a "sentence" not handed down by a judge, but by yourself in your complacency as a member of society.

-Mark Felling

Access to Mobility Call-In Day Ask Your Members of Congress to Support Access to Mobility Devices on Thursday, October 6th, 2005 1-877-224-0041 Over the last several months, the Centers for Medicare and Medicaid Services (CMS)  has issued a series of Medicare policies that severely restrict access to mobility devices.  We need to let Members of Congress know that CMS's actions are impacting the health and independence of people with disabilities!   As a member of the ITEM Coalition (Independence Through Enhancement of Medicare and Medicaid) , we at the Christopher Reeve Foundation encourage you to support the efforts to protect and improve access to mobility devices for people with disabilities. At the heart of the problem is CMS's commitment to the "in the home" restriction which prevents beneficiaries from receiving devices they need to move past their front doors.  Earlier this year, as CMS revised it's wheelchair coverage policy, the agency had the opportunity to reconsider this restriction.  However, CMS chose to maintain the "in the home" rule, making it clear that Medicare will not cover wheelchairs that many beneficiaries need to live independently and access their communities. Thus, on Thursday, October 6th, 2005, the ITEM Coalition is encouraging all members and friends to participate in the "Access to Mobility Call-In Day."  Throughout the day, individuals are encouraged to call their Senators and Representatives  and ask them to support efforts to improve access to mobility devices for people with disabilities.  Specifically request that your Members of Congress: Support all efforts to maintain appropriate access to mobility and other assistive devices. Contact CMS  and encourage the agency to remove the "in the home" restriction on mobility devices which confines people in need of wheelchairs to their homes. Support any potential legislation to remove the "in the home" restriction should it prove necessary. A toll-free number has been established for October 6th to connect you to the Capitol switchboard: Call 1-877-224-0041  and ask the Capitol Operator to connect you to your Senators and Representative. Thank you for your advocacy efforts!  If you have any questions or to learn more, please contact the ITEM Coalition at 202-349-4260 or visit www.itemcoalition.org . Christopher Reeve Foundation Go Forward     Christopher Reeve imagined living in a world where politics would never get in the way of hope! Have Questions? Click here for more information on the ITEM Coalition     Christopher Reeve Foundation 636 Morris Turnpike, Suite 3A, Short Hills, NJ 07078 (800) 225-0292 www.ChristopherReeve.org