Spring 2005

• A Message from the Chairperson
• Jury awards teacher in "perceived as" disabled case
• Legal Update
• A Message from Eugene Rubin
• Celebrating the holidays
• Interview with George Fesko
• In Memoriam

Legal Update: Settlement near in groundbreaking court
access case in Tennessee

In the landmark case of Tennessee v. Lane, two citizens who use wheelchairs sued the state of Tennessee when they were denied physical access to the state courts. The U.S. Supreme Court held in this historic 2004 case that individuals with disabilities can sue states for monetary damages under Title II of the Americans with Disabilities Act for failure to provide access to judicial services. In this 5-4 decision, the Court held that the 11th Amendment does not grant the states immunity from lawsuits involving the basic right of access to courts.

Now, seven years after these two individuals first began their legal case against the state courts of Tennessee and 25 counties, a settlement appears imminent.

Each of the state counties must approve the proposed “agreement in principle” according to U.S. Magistrate Judge Juliet Griffin. But it appears that the sides are very close to a settlement.

One of the plaintiffs, George Lane, had to crawl up two flights of steps at the Polk County courthouse to answer drug and traffic charges against him. In his second court date, he refused to crawl up or be carried up stairs, and he was arrested for failing to appear.

Beverly Jones, the second plaintiff, was a court stenographer could not enter several county courthouses because she used a wheelchair.

It has been reported that the state has agreed to revise its ADA access policy for public buildings, but its plan is awaiting approval by the state Supreme Court. Also, a financial settlement for the plaintiff must be agreed to by the governor and state legislature.

The state’s courthouses must develop some structural renovations to comply with the ADA, with exemptions for some poorer counties. They will be allowed to conduct court business on alternate sites to accommodate citizens with disabilities.

Unresolved so far is how to award lawyers’ fees and damages to be paid by the individual counties.

National Disability Law Review, Feb. 3, 2005

Carolyn Herbst, Committee Chairperson • Abbe Nosoff, Editor/Writer • Eugene Rubin, UFT Committee Liaison