Assemblymember Cahill's Able Column - Reinforcing the Americans with Disabilities Act in New York State - November 2003

As this year draws to a close, the New York State Assembly Task Force on People with Disabilities is preparing for the new legislative session. While a great deal of work is already on our plate, we are also carefully watching developments in the courts. The scope of the federal Americans with Disabilities Act (ADA) has been under scrutiny for quite some time through such U.S. Supreme Court cases as the Board of Trustees v. Garrett and, more recently, in Tennessee vs. Lane. That's why for the past few years, New York's disabilities advocates have been working closely with the Assembly Task Force on People with Disabilities to ensure protections originally secured under the ADA are enforceable on the state level as well as under federal laws and rules. Some of these legal attacks may have weakened the ADA, yet protections against disability discrimination need to be increased, not decreased. While as state representatives we have no jurisdiction over federal acts, we can attempt to replicate some of the federal protections.

The Assembly Task Force on People with Disabilities remains strong in its commitment to the following measures:

• A.5468/Cahill - Clarifies the scope of protections against discrimination on the basis of disability under the New York State Human Rights Law in the area of government services to be consistent with the ADA and current policies and practices of the Division of Human Rights.
• A.5469/Cahill - Clarifies the scope of protections against discrimination on the basis of disability under the New York State Human Rights Law in the area of public accommodations to be consistent with the ADA and current policies and practices of the Division of Human Rights. Given the minimal resources the federal government has devoted to ADA enforcement, the availability of state enforcement mechanisms through the Human Rights Law is essential to assure adequate protections against discrimination on the basis of disability in the areas of government services and public accommodations.
• A.5511/Lifton - Waives state's sovereign immunity to liability under the ADA. This bill will restore the rights of state employees to sue New York for damages due to violations of the ADA's access and accommodation standards. This includes failure to accommodate state employees with disabilities and failure to provide access for people with disabilities to government services, programs and activities.

I write this column now hoping we can garner as much support and advocacy as possible for these key issues even before the 2004 Legislative Session begins. The Assembly has proven its commitment to people with disabilities through, among other things, passage of these measures for several consecutive years. Now we must direct our efforts at gaining endorsement from the Senate and the Governor. I look forward to working with many of you on this mission.

Assemblymember Kevin A. Cahill, Chair
New York State Assembly Task Force on People with Disabilities
Agency Building 4, 13th Floor, Albany, NY 12248
518-455-4592
cahillk@assembly.state.ny.us