Laws

 

Capitol Photo

                                                                                                            Photo Credit “Architect of the Capitol.”

Laws, Regulations, Pending Legislation and other Legal Resources.

United States

Federal Laws Governing The Rights Of Individuals With Disabilities

The American with Disabilities Act (the “ADA”)

http://www.ada.gov/statute.html

The Rehabilitation Act of 1973 http://www.dotcr.ost.dot.gov/documents/ycr/

REHABACT.HTM

Recently Enacted Regulations

2010 ADA Standards for Accessible Design – Revised Regulations for Titles II and III of the ADA

http://www.ada.gov/2010ADAstandards_index.htm

Other Legislation

Public Law No. 110-325 ADA Amendments Act of 2008, approved September 25, 2008

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi dbname= 110_cong_public_laws&docid=f:publ325.110

Thanks to our Connector for bringing the University of Louisiana in Lafayette, Louisiana into the We Connect Now (“WCN”) Disability Rights Campaign.

University of Louisiana at Lafayette Disability Rights Campaign Poster Photo

Pending Legislation

Join Us In:

in Supporting Legislation

Opposing Legislation

Other Legal Resources

College Students with Disabilities: Litigation Trends

http://codi.buffalo.edu/archives/colleges/.rothstein.htm

International Laws Governing The Rights Of Individuals With Disabilities

The Syracuse University College of Law Disability Law and Policy Program, in conjunction with the H. Douglas Barclay Law Library, has developed a comprehensive bibliographic web resource on International and Comparative Disability Law. This resource is available at:

http://www.law.syr.edu/lawlibrary/electronic/humanrights.aspx

Disability Law: An Overview

http://topics.law.cornell.edu/wex/disability_law

Legal Resources on Rights to Vote in National Elections of People with Disabilities

U.S. Department of Justice, Civil Rights Division, Disability Rights Section A Guide to Disability Rights Laws http://www.ada.gov/cguide.htm

National Council on Disability Fact sheet on Inclusive Federal Election Reform http://www.ncd.gov/newsroom/publications/2001/electionreform.htm

Special Education Advocacy – Legal resources

http://www.wrightslaw.com/

Legal Resources on the Rights of People with Disabilities to Vote in State Elections

Illinois

Illinois Legal Aid Voting Rights for People with Disabilities http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=2719

Caselaw

The Olmstead decision.

The Access Iowa City TV show, which is sponsored by Access 2 Independence (A2I) of Iowa City, IA and airs on Public Access Television Channel 18, in its September 6, 2010 program focused on the significance of the U.S. Supreme Court opinion in Olmstead v. L.C. http://access2independence.org/2010/09/02/access-iowa-city-todays-guest-a2i-intern-alena-vazquez-862010/ The September 6th program featured the two hosts Keith Ruff and Scott Gill interviewing Alena Vazquez who is interning with A2I after having recently finished law school and is completing her last year in the MSW program. The Olmstead decision was important in expanding the Americans with Disabilities Act (“ADA”) to increase the ability of individuals with disabilities to live fuller lives in less restrictive environments in the community rather than just being relegated to institutions.

In Olmstead, the U.S. Supreme Court interpreted the obligation under the ADA, to provide services and to integrate qualified individuals with disabilities appropriate to their needs. The Supreme Court concluded in Olmstead that, “Under Title II of the ADA, States are required to provide community-based treatment for persons with mental disabilities when the State’s treatment professionals determine that such placement is appropriate, the affected persons do not oppose such treatment, and the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities.”  Olmstead, 527 U.S. at 607.

The Supreme Court opinion in Olmstead v. L.C.,  is reported at 527 U.S. 581 (1999)http://www.law.cornell.edu/supct/html/98-536.ZS.html

A summary of the Olmstead decision and its context which was prepared by the Center for An Accessible Society can be found at http://www.accessiblesociety.org/topics/ada/olmsteadoverview.htm

International Law

Australia

Disability Discrimination Act (DDA)

http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/

Summary of DDA

http://pubsites.uws.edu.au/ndco/disclosure/legislative/dda.htm#dda

Canada

Ontario

Accessibility for Ontarians with Disabilities Act, 2005 (English version)

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_05a11_e.htm

Loi de 2005 sur l’accessibilité pour les personnes handicapées de l’Ontario (French version of Accessibility for Ontarians with Disabilities Act, 2005)

http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_05a11_f.htm

Japan

http://www.independentliving.org/standardrules/UN_Answers/Japan.html

United Kingdom

The primary law protecting persons with disabilities in the United Kingdom had been the Disability Discrimination Act of 1995 (the “DDA”). A new law, the Equality Act 2010 (the “Equality Act”), went into effect on October 1, 2010 for many provisions of the new law and replaced most of the DDA. However, the Disability Equality Duty in the DDA continues to apply under the Equality Act. Other provisions of the Equality Act, such as the duty of schools to provide auxiliary aids or services for disabled children, are to implemented at a later date which has not yet been specified. The text of the Equality Act  is at http://www.legislation.gov.uk/ukpga/2010/15/pdfs/ukpga_20100015_en.pdf and summaries of the new Equality Act’s provisions regarding disabled people can be found at http://www.equalities.gov.uk/equality_act_2010.aspx and at  http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001068.

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