Attorney General Eliot Spitzer
Defends Disability Rights
Albany, NY - July 12, 2000.
Attorney General Eliot Spitzer and
his Civil Rights Bureau have been proactive in their defense of disability
rights this year.
In July 2000, the Attorney General
signed on to the State of Minnesota's amicus brief that defends Title II of the
Americans with Disabilities Act (ADA) under the 14th Amendment in Alabama v.
Garrett. The Garrett case, currently before the U.S. Supreme Court, will
determine the constitutionality of the ADA. New York was one of fourteen states
that signed on to the brief. The Court will hear the case in October 2000 and
render a decision around April of 2001. Advocates from across the country will
assemble in Washington, DC on Tuesday, October 3, 2000 for a "March for
Justice," hoping to generate public support for the case.
In May of 2000, the Attorney General
reached a consent agreement with three New York City health-care providers that
require them to supply sign language interpreters for deaf patients within an
hour for emergencies or scheduled visits. "We expect these agreements to set
examples and models for all hospitals and doctors' groups throughout the
state," Attorney General Eliot Spitzer said in a statement. "The quality of a
patient's health care should not be compromised because of a disability. Not
only is it wrong, it is illegal." The investigation began after the Attorney
General's Office received complaints from deaf patients being denied
interpreters and subsequent communication about their symptoms, diagnosis and
treatment. In addition to requiring sign language interpreters, the agreement
demands the health-care providers install a Telecommunication Device for the
Deaf (TDD) at each site, train employees about the needs of the deaf and
accommodations, and keep records of requests for interpreters. ANY, January 3,
2001. |
In February of 2000, the Attorney
General's Office won a decision by a federal judge that requires two upstate
counties improve access to their polling places in order to comply with the New
York State Election Law and Americans with Disabilities Act prior to the
state's Presidential Primary on March 7, 2000. "This suit was brought because
the civil rights of New Yorkers with physical disabilities were being violated
and they were denied their right to vote. In addition, the elderly, and those
who use a walker, cane, or wheelchair were also being denied a fundamental
right of participation," said Spitzer. "This decision will ensure that their
rights are maintained."
The injunction, granted by Senior
Judge Howard G. Munson of the Northern District of New York, directs Delaware
and Schoharie counties to comply with the ADA Accessibility Guidelines for
Buildings and Facilities, and the New York State Uniform Fire and Building
Code. Judge Munson noted that failure of the counties to comply could result in
sanctions and monetary penalties. The lengthy and detailed decision rejected
each of the counties' arguments including that the Attorney General's demands
were unnecessary and "overly bureaucratic." Spitzer brought the suits in late
1999 following an extensive survey of polling places in Schoharie and Delaware
counties conducted with the assistance of the Catskill Center for Independence
in Oneonta.
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