Statement of Senator Tom Harkin (D-IA) on the Supreme Court's Decision in Goodman vs. Georgia

STATEMENT OF SENATOR TOM HARKIN (D-IA) ON THE SUPREME COURT'S DECISION IN GOODMAN VS. GEORGIA

The Supreme Court today announced their decision in the case of Goodman v. Georgia. Tony Goodman, the plaintiff in the case, is an inmate with paraplegia who uses a wheelchair for mobility. He was held in the Georgia State Prison for more than 23 hours a day in a cell so narrow he could not turn his wheelchair. Further, the state prison failed to make toilet and bathing facilities accessible to him, denied him needed medical care and excluded him from programs and activities because of his disability.

Senator Tom Harkin (D-IA) was the lead sponsor of the Americans with Disabilities Act (ADA) in the Senate and chair of the Senate Subcommittee on the Handicapped when the law was passed in 1990.

"Today the Supreme Court spoke with a united voice in stating that the ADA does provide a remedy against state operated facilities.

"This is an important step forward but I remain very concerned that disabled plaintiffs might need to prove independent Constitutional violations, in addition to discrimination based on a disability, in order to sue under the ADA.

"This decision still leaves open the possibility that the ADA will end up a patchwork solution to discrimination and place a very high burden on those who have been victims of discrimination which was not the intention of Congress in passing this law."

http://harkin.senate.gov/news.cfm?id=250349