August 10, 2002
Inside ■ State Fair Fun — p. 3 ■ Book Review — p. 4
Reader Survey — Page 13
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“I feel a more positive feeling emanating from the community and I think it has a unifying aspect.” - Charlie Smith, June 1996 Non-profit Org. U.S. Postage PAID Mpls. MN Permit No. 4766
Volume 13, Number 8
SOURCES
RESOURCES
August 10, 2002
ELECTION 2002 Roger Moe, Democrat
Tim Penny, Independent Party
Tim Pawlenty, Republican
Ken Pentel, Green Party
GUBERNATORIAL CANDIDATES RESPOND TO ACCESS PRESS A ccess Press posed three questions to each candidate for governor of Minnesota. Below, we have compiled their responses for you. Their answers are printed as received—only basic formatting was done by us. Each question is followed by each candidate’s response—in alphabetical order by last name. Candidate Pawlenty used an alternate format, so his responses will
U.S. Supreme Court And The ADA In 2002 by Kathleen Hagen
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f people with disabilities just reviewed the 2002 Supreme Court decisions involving the Americans with Disabilities Act (ADA), the conclusion would be that, from the point of view of plaintiffs, the ADA took quite a hit this year. Before I review two cases already reported on in Access Press this year, and analyze three new decisions, I want to take the opportunity to list some benefits brought about by the ADA. These benefits, for the most part, have not come about from filing or winning lawsuits. The main benefit brought about by passage of the ADA continues to be the number of businesses that have become accessible to persons with disabilities. The public has also become more aware of the benefits brought about by access for persons who do not consider themselves disabled. Where there are buildings with many steps and a ramp leading to a door, more and more walkers will use the ramp as an easier means of
entering the building. Anyone who enters a public restroom knows that the stall most in use is the one made larger to accommodate persons in wheelchairs because it is the stall providing the most comfort and convenience to nondisabled persons as well. The Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) have both done a very good job of issuing materials meant to educate small businesses regarding their duty to provide access under the ADA. The DOJ in the Clinton Administration carried on a Public Access Project where it brought complaints against several dozen cities across the United States. Those complaints have been settled with agreements that provide access to all the public services in these cities. If the ADA were being considered by Congress today, it might be much more difficult to pass the legisla-
tion. However, persons with disabilities still have friends in both parties who support the ADA and fight against limiting those protections. The last three presidents, including George W. Bush, have supported continued protections under the ADA. Moreover, Minnesota is fortunate to be one of a few states with very strong civil rights protections under its Minnesota Human Rights Act. Therefore, even with the Supreme Court decisions discussed below, most of which were disappointing from the point of view of plaintiffs, the ADA is alive and strong and still providing major benefits for persons with disabilities. Supreme Court Cases Already Reviewed Readers will remember discussion in the February 2002 Access Press of the Supreme Court decision in Williams vs. Toyota Manufacturing, the first decision involving the ADA this year. The Supreme Court held in that ADA - cont. on p. 12
be printed in their entirety at the end. We thank all the candidates for their participation.
Question 1: Please summarize your political efforts, to date, on behalf of the disability community. Roger Moe, Democrat: As a legislator and as Senate Majority Leader, my public policy efforts have touched most public policy issues, including those issues promoted and supported by people with disabilities. Health & Human Services: I was a Senate author of the Medical Assistance for Employed Persons with Disabilities (MA-EPD) program, which has allowed thousands of Minnesotans with disabilities to become employed without fear of losing needed health care through Medical Assistance. I have supported increases to COLAs and tuition waivers for health care workers. I supported expanding the Minnesota Prescription Drug Program to persons with disabilities on Medicare, patient protection measures, and the extension of the sunset for the disability council. I authored legislation in the early 1970s establishing what then was called the Minnesota Commission for the Handicapped. I have a long record of support for efforts promoting alternatives to institutionalization. Housing: I have been a strong proponent for increased investments in affordable housing. My running mate, Julie Sabo, was author of the 2001 “visitability” amendment, which promotes integrating basic accessibility features into state-financed afford-
able housing units.
Transit & Transportation: I have a strong record supporting transportation and transit. I voted for Light Rail Transit and the North Star Commuter Rail project. I have supported funding for PCA transportation in all areas of the state—especially in rural Minnesota where PCA’s must travel long distances. Education: As a former teacher, I have worked throughout my public service career to provide adequate and stable funding for our public schools. The State Senate, under my leadership, has made significant efforts to close the special education funding gap. Access: I’ve been a strong supporter of efforts to remove architectural barriers and improve accessibility in our public buildings. I’ve supported the Library Access Fund and I have supported efforts spearheaded by Wilderness Inquiry to improve accessibility in our state parks. Tim Penny, Independent Party: I have always had a good working relationship with the disability community throughout my elected years. My youngest brother has had multiple disabilities since birth so many Penny family members have personal connections to the disability community. In Congress, I supported the Americans with Disabilities Act. I was also actively involved in the creation of the Southeastern Minnesota Center for Independent Living. As many of your readers know, this center has been successful in providing hous-
ing, living support, and work support for many people with disabilities in the Rochester area. Ken Pentel, Green Party: In my 16 years as an activist working on political, economic and environmental issues, I have never directly worked on issues that address the specific concerns of the disability community. Of course, I haven’t avoided working on such issues, but my work has heretofore led me down other political paths.
Question 2: What do you consider to be the issues of greatest importance, statewide, to the disability community—and how would you rank their importance? Moe: Affordable accessible housing, transit and transportation, adequately funded schools, access to affordable health care and prescription medications, and adequately compensated health care workers are certainly issues of importance to persons with disabilities. Persons with disabilities, like all workers, need good jobs at good wages. Penny: 1. Because of the current budget deficit, state lawmakers will be grappling with how to balance the budget. I believe we must have a balanced approach that solves the deficit through a combination of tax increases and spending cuts. Throughout this process, it is more important than ever that we ensure vital services to disabilities are maintained within the context of a balanced budget. 2. Another important issue is Candidates - cont. on p. 14