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NCIL Action Alert from NCIL's ADA/Civil Rights Subcommittee:
Alito Supreme Court Hearings Next Week!!!
NCIL Urges Affiliates to Oppose Nominee Who Poses Serious Threat to ADA,
Fair Housing Laws and Olmstead Precedent
E-mail daniel@ncil.org to add your organization to our list of disability
groups opposing the Alito nomination
With hearings on Alito's nomination about to begin, the National Council
on Independent Living believes that the time has come for our community to
take a stand. Instead of the New Freedom that we've been promised, we have
faced the appointment of disability rights foes such as Jeffrey Sutton and
William Pryor. Increasingly, we are being confronted with new hurdles to
clear in our access to justice. The nomination of Samuel Alito to replace
Sandra Day O'Connor as Associate Justice to the US Supreme Court may
drastically impact the future of disability rights law for decades to come.
One more states' rights judge on the Supreme Court could effectively
insulate the states from accountability for compliance with Title II of the
ADA. The time has come when we need to make our voices heard clearly!!!
Based on a careful evaluation of Judge Alito's 15-year record on the Third
Circuit Court of Appeals, NCIL's ADA/Civil Rights Subcommittee decided to
vigorously oppose his nomination. As a Supreme Court Justice, Alito would
pose a grave threat to the ability of individuals with disabilities to
enforce their rights under the Americans with Disabilities Act, Section 504
of the Rehabilitation Act, fair housing laws and the Olmstead precedent. In
1999, Alito's ruling in ADAPT v. HUD gave HUD a free pass to fail to enforce
fair housing regulations to ensure that public housing authorities provide
accessible housing. See NCIL website for more details.
Yesterday, NCIL Vice President and PA SILC Executive Director Corey Rowley
was one of several organizational leaders who presented 1,145,000 petition
signatures in opposition to the Alito nomination. Also, Thomas Earle of
Liberty Resources joined with several other disability community leaders in
Philadelphia to highlight reasons why disability rights advocates are so
worried by the Alito nomination. See NCIL's press release (below and
attached) for more on how the disability rights community is making a
difference!
BUT WE NEED TO DO EVEN MORE.
TAKE ACTION:
Contact Daniel Davis at Daniel@ncil.org to announce your CIL, SILC,
association or other disability rights organization's opposition to the
Alito nomination. Please indicate if your organization is national, state or
local. So far, eight national and ten state and local disability rights
organizations have officially announced their opposition to the Alito
nomination. The full list of disability rights organizations that are
opposed to (or concerned about) the Alito nomination can be found below and
attached.
DEADLINE: The window for us to make our voices heard is rapidly closing
since the Senate Judiciary Committee could vote on Alito's nomination as
early as the week of January 17! So we urge all affiliates who are
considering opposing this nomination to take action ASAP!!!!
OTHER WAYS TO HELP:
Call your Senators, or FAX or e-mail letters to them opposing the Alito nomination.
Send letters to the editor opposing the Alito nomination to your local and
regional newspapers.
Be a presence at Alito's nomination hearings. Are you interested in
demonstrating the disability community's objections to the Alito nomination
by providing a visible presence on Capitol Hill? Are you in the Washington
D.C. Area or can you get to D.C. easily? If your answer to these two
questions is "YES," please e-mail Daniel Davis ASAP at Daniel@ncil.org.
TO LEARN ABOUT OTHER WAYS TO MAKE A DIFFERENCE, e-mail Daniel@ncil.org.
Attachment #1: PRESS RELEASE
For Immediate Release
Friday, January 6, 2006
Contact: Daniel Davis
National Council on Independent Living
(202) 207-0334 x 1001 (office)
National Council on Independent Living and Pennsylvania Disability Community
Mobilize in Opposition to Alito Nomination
With hearings on the nomination of Samuel Alito to the US Supreme Court only
days away, the National Council on Independent Living (NCIL) and
Pennsylvania disability rights advocates stepped up their campaign to
underscore the serious threat that Judge Alito poses to the civil rights of
persons with disabilities and called on Senate Judiciary Committee Chair
Arlen Specter to heed the concerns of a million Americans, including many
persons with disabilities, who signed petitions opposing the Alito
nomination..
At 11 AM yesterday, NCIL Vice President and Pennsylvania Statewide
Independent Living Council Executive Director Corey Rowley joined Julian
Bond of the NAACP, Lauren Townsend of Pennsylvanians for a Fair and
Independent Court and others in delivering 1,145,000 signatures of
anti-Alito petitions to Specter's Philadelphia office.
Only an hour later, civil rights attorney Thomas Earle, the Executive
Director of Liberty Resources, Inc, NCIL's Philadelphia affiliate, joined
representatives of the Disabilities Law Project, the Leadership Conference
on Civil Rights and the Mental Health Association of Southeastern
Pennsylvania in a forum at the Philadelphia Foundation on the nomination of
Samuel Alito to the U.S. Supreme Court, his record on civil rights and its
effects on the disability community.
In 1999 Judge Alito joined a ruling in ADAPT v. HUD that directly undermined
the rights of Pennsylvanians with disabilities to hold the Department of
Housing and Urban Development accountable for failure to enforce its own
regulations concerning accessible housing for people with disabilities. This
devastating decision deprived thousands of persons with disabilities in
Pennsylvania and the rest of the Third Circuit of the accessible, affordable
housing that they have been promised under the Fair Housing Act Amendments
and Section 504 of the Rehabilitation Act of 1973.
Rowley referenced this decision declaring, "Judge Alito should know that
rights without remedy are essentially broken promises. His willingness to
place additional legal hurdles for persons with disabilities to clear in
order to hold their government accountable for fulfilling its promises
strongly suggests that he is out of touch with the real world impact that
the decisions he makes have on the lives of individuals with disabilities."
ATTACHMENT #2: Disability Rights Organizations Opposed to Nomination of
Third Circuit Court of Appeals Judge Samuel Alito to the US Supreme Court (updated 1/05/06).
National Organizations:
- ADA Watch/ NCDR
- Association of Programs for Rural Independent Living (APRIL)
- Disability Rights Education & Defense Fund
- Judge David L. Bazelon Center for Mental Health Law
- National Association of People with AIDS
- National Association for Rights Protection and Advocacy
- National Council on Independent Living (NCIL)
- World Association of Persons with Disabilities (WAPD)
State and Local Organizations:
- Access Center for Independent Living (Dayton, OH)
- Alliance of Disability Advocates Center for Independent Living (Raleigh, NC)
- Center for Independent Living of S. Florida, Inc. (Miami, FL)
- California Foundation for Independent Living Centers
- Disability Rights Center of Maine
- HASL Independent Abilities Center (Grant's Pass, OR)
- Independent Living Resources Center of San Francisco (San Francisco, CA)
- Options for Independent Living (Green Bay, WI)
- Resources for Independent Living (New Orleans/ Baton Rouge, LA)
- Placer Independent Resource Services (Auburn, CA)
- Programs for Accessible Living (Charlotte, NC)
JOIN THE OPPOSITION TO ALITO:
To announce your CIL, SILC, Association or other disability rights
organization's opposition, please e-mail Daniel Davis at Daniel@ncil.org.
Please indicate if your organization is national, state or local.
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