Tennessee v. Lane, George, et al. (05/17/2004)

Questions presented: Whether Title II of the Americans with Disabilitites Act of 1990 is a proper exercise of Congress' power under Section 5 of the 14th Amendment and thus validly abrogates state sovereign immunity?

BY DORI ROBAU, MEDILL NEWS SERVICE

When George Lane was scheduled to appear in court to answer to misdemeanor charges in September of 1997, he never thought that his court appearance would cause him more grief than his alleged crime.

Getting up the courthouse steps in order to attend a hearing is something most Americans might take for granted. After all, courthouses are government buildings and the events that take place within their walls are shaped by the Constitution and help to interpret it.

But for George Lane, Beverly Jones and several other people, a physical disability prevented them from taking part in a legal system that was designed to serve and protect them.

Lane and Jones, both paraplegic, could not get past the first floor of the Polk County courthouse in Tennessee since the building did not have a ramp or an elevator.

On the day of his initial appearance on misdemeanor charges in General Sessions Court, Lane, who is confined to a wheelchair, could not access his assigned courtroom on the second floor. According to his attorney, Lane was forced to crawl up a flight of stairs.

Feeling embarrassed and exhausted, Lane sent word to the judge on the day of his next scheduled appearance that he would not crawl up the stairs to the courtroom. Lane was arrested for not being present at his hearing. He "attended" further hearings by waiting downstairs and having his attorney shuttle information back and forth from the courtroom.

The court denied Lanes motion to continue his arraignment until the courthouse could conform to the requirements of the Americans with Disabilities Act of 1990 (ADA). After failed appeals to the Tennessee Court of Criminal Appeals and the Tennessee Supreme Court, a circuit court judge intervened and ordered a stay on all criminal proceedings in the courthouse until an elevator was installed there.

Beverly Jones, a certified court reporter who is also confined to a wheelchair, claims that she was prevented from working in the Polk County courthouse and in other courthouses in other counties because of its inaccessibility for disabled persons.

Lane, Jones, and several others brought suit in federal court against the state of Tennessee and several of its counties, claiming that they were discriminated against on account of their disabilities by not being able to access the higher level floors of the courthouse. Lane sought $100,000 in damages for humiliation and embarrassment, and Jones sought $250,000 in damages for humiliation, embarrassment and lost income. They also requested that the district court order the state of Tennessee to bring the courthouses in question into compliance with Title II of the ADA.

Title II of the Act in question states: "[N]o qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity."

While to Lane and Jones, this is a clear suggestion that the courthouse, being a public entity, should be fully accessible to handicapped people, the state of Tennessee moved to dismiss the claims against it, stating that the 11th Amendment protects it from private suits for money damages.

While the 11th Amendment says: "The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state," Lane and Jones claimed that it should not apply to this case.

Lane and Jones claim that their due process rights, as stated in the 14th Amendment, were violated because they did not have access to the court. This is of particular interest in the 6th Circuit, because the 6th Circuit Court of Appeals decided in 2002 in Popovich v. Cuyahoga County Court of Common Pleas that due process claims were not barred by the 11th Amendment.

Lane and Jones also noted that part of the ADA provides that "[a] state shall not be immune under the 11th amendment to the Constitution of the United States from an action in a Federal or State court of competent jurisdiction for a violation of this chapter."

In November 1998, the District Court for the Middle District of Tennessee denied Tennessees motion to dismiss and ordered that the case be heard. A 6th Circuit Court of Appeals panel unanimously affirmed, and an en banc panel of all the judges on the 6th Circuit agreed.

On June 23, 2003, the U.S. Supreme Court accepted review in the case and limited to Question 1 presented by Tennessee's petition; whether Title II of the ADA is a proper exercise of Congress' power under Section 5 of the 14th Amendment and thus validly abrogates state sovereign immunity? Lane and Jones hadn't argued against review, advising the Court that they too thought review was needed to resolve a conflict in the circuits.

"This case is about whether or not states can be held liable for money damages," said William J. Brown, attorney for the Lane and Jones.