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Hearing Overview – Who Showed Up, What Went Down Members of the Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties who attended some or all of the hearing included: Chairman Jerrold Nadler (NY-8) Congressman Sensenbrenner, who is on the Judiciary Committee, also attended the hearing, although he is not on the Subcommittee. Chairman Nadler opened the hearing with a powerful statement articulating the need for and his support of ADA Restoration. Nadler remarked that any Member of Congress who has made a speech about returning troops should have a special interest in helping get this law passed. House Majority Leader, Steny Hoyer, started the witness testimony off with his testimony on the first panel, which we've included later in this email. As the first to present on the second panel of witnesses, Cheryl Sensenbrenner, AAPD's Board Chair, powerfully delivered her testimony from her perspective as a disabled woman and as a family member of people with disabilities. Stephen Orr, a pharmacist with diabetes who was fired because of his disability and then shut out of the ADA's protections by the courts, testified next and delivered a compelling account of his ordeal. Mike Collins, Executive Director of the National Council on Disability (NCD) then provided a historical account of NCD's role in the drafting of the original ADA as well as the language used to craft the ADA Restoration Act. Next on the second panel was Lawrence Lorber, Chairman, U.S. Chamber of Commerce, Equal Employment Opportunity Subcommittee, who several times referenced the ADA as a law for only the "truly disabled" and spent his five minutes of testimony offering criticism of the legislation. Chai Feldblum, a professor at the Georgetown University Law Center and a scholarly expert on the ADA, finished the panel with sharp rebuttals to the criticisms of ADA Restoration offered by Mr. Lorber. Questions from Members were brief and are expected to continue in written form to the witnesses in the next few days. Congressman Artur Davis offered final remarks before Chairman Nadler adjourned the hearing, noting the "activist tendency" of the Supreme Court in telling Congress that they "got [ADA] wrong" – a political question, he said, and not one for the Courts. SOURCE: AAPD Read the Testimony of Steny H. Hoyer House Majority Leader. Oral Testimony of Cheryl Sensenbrenner, AAPD Board Chair Chairman Nadler, Ranking Member Franks, and Members of the House Judiciary Subcommittee: Thank you for the invitation to discuss the topic of ADA Restoration an issue that affects the ability of literally millions of people with disabilities to enter and maintain our participation in the American workforce. My name is Cheryl Sensenbrenner, and I am pleased to offer my testimony today as the Board Chair of the American Association of People with Disabilities. AAPD is the largest national cross- disability membership organization in the country. I must start my testimony by saying I am so proud of my husband, Congressman Jim Sensenbrenner, as well as Majority Leader Hoyer, for their hard work and leadership in introducing this legislation. I, like them, will continue to work relentlessly on this bill until it's passed. In addition to my affiliation with AAPD, I offer my testimony today based on my own experiences as a disabled woman and as a family member of people with disabilities. I acquired my disability at age 22 when I was in a car accident. I remember the doctors telling me that because my back was crushed and in pieces, I'd spend my life in a bed from then on. I knew I was hurt but I wanted to be a full member of society, so I always tried hard and did the best I could. I have lived my life since that time using either a wheelchair, Canadian crutches, or walking with a cane and leg brace. And I am proud of my full life as a disabled woman as a wife, as a mom, and as a citizen. I acquired my spinal cord injury about the same time my sister, Tara, was born with Down's syndrome. Through her hard work and the support of our family, Tara graduated from high school, took college courses, has supported herself through various jobs, and bought and insured her own car. I am here today to tell you that if and when Tara or I experience employment discrimination based on our disabilities, we will not be protected by the ADA. As Majority Leader Hoyer said better than I could, the Supreme Court has substituted its own judgment for the judgment of Congress, and that is what has created the need for the restoration of the ADA we're discussing today. As a consequence of court-made law, we have an absurd Catch-22 If you manage your disability well, if you do your best in spite of your disability, the Courts take away your civil rights protections. If you don't manage your disability well, you have civil rights protections, but you probably won't be able to hold down a job! It's absurd! That means that because I worked hard in physical therapy, because I wear a leg brace and walk with a cane, the Courts would find me "not disabled enough" to have civil rights. But if I had given up after my spinal cord injury or if Tara had bought into the low expectations society often had for her if neither of us tried to live to our fullest potential, we would have been protected under the ADA! The lawyers and policy experts will explain all of this in greater depth. But it just seems to me that the last message we would want to send to Americans with disabilities particularly youth with disabilities and returning soldiers is the less you do to manage your disability, the less you try, the more likely you are to be protected under civil rights laws. It's just horrible policy, and it really makes no sense. We shouldn't be punishing people for successfully managing their disabilities and trying to work and pay taxes! ADA Restoration is really all about fairness. As a country, we should be focusing on disabled peoples' abilities and encouraging people to achieve to their full potential. But instead, the courts have been punishing people for trying too hard, for being too productive, for wanting to pay taxes. This makes no sense. Please help us clear up the mess the Courts have made. Help us restore Congressional intent. Please support and help us pass the ADA Restoration Act so that the ADA can open wide the doors of opportunity to all Americans. Thank you. Read Cheryl's written testimony. Other Testimony To read the testimony from the entire panel of witnesses, including: Stephen Orr, pharmacist and plaintiff in Orr v. Wal-Mart Go to: http://www.c-c-d.org/task_forces/rights/tf-rights-ada.htm SOURCE: Consortium for Citizens with Disabilities
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