THE INDEPENDENT LIVING RESOURCE CENTER NEWSLETTER

a non-profit corporation

of, by and for persons with disabilities

423 W.  Victoria Street•Santa Barbara, CA 93101

(805) 963-0595 V/TTY • (805) 963-1350 Fax

www.ilrc-trico.org

April June, 2005

Volume 16, No.  2

PUBLISHED FOUR TIMES ANNUALLY

Board of Directors

Sue Andrews, Carpinteria, President

Anna "Tina" Pedotti, Santa Barbara, Vice President

Marjorie Bastanchury, Santa Barbara, Secretary

Richard Donchak, Newbury Park, Treasurer

Edward "Bud" Girard, Carpinteria

Irene Gonzalez, Ventura

Dan Naretto, Carpinteria

Edward Perry, Sr., Santa Maria

ILRC Mission Statement

The Independent Living Resource Center, Inc., is an organization of, by and for persons with disabilities who reside or work in our service area.  Our purpose is to assist and encourage individuals to achieve their optimal level of self-sufficiency while eliminating the architectural, communication and attitudinal barriers which prevent them from full participation in the community. 

United Way Agency Ventura County, Santa Barbara and Central Coast

Supreme Court Rules for Lane!

A recent U.S. Supreme Court ruling in Tennessee v. Lane, No. 02-1667, making states potentially liable for damages for failing to make courthouses accessible to people with disabilities, will likely trigger litigation involving people with disabilities and higher education, social services and other public activities, as well as litigation over the complete definition of "access to the courts." The ruling affirmed that states had no 11th Amendment immunity from suits charging that they have violated Title II of the Americans with Disabilities Act when they fail to provide access to the courts.  Title II of the ADA bars discrimination against people with disabilities in public programs, services and activities.  The 5-4 majority, led by Justice John Paul Stevens, rejected Tennessee's argument that the Court should decide whether Title II, as a whole, was an invalid exercise of congressional power under Section 5 of the 14th Amendment.  The majority, instead, took an "as applied" approach, limiting its ruling to the category of cases in the underlying suit before it those involving access to the courts.  For states and the disability rights community, the decision was received as a "mixed bag."  Disability rights advocates won a rare victory in a court that generally has favored 11th Amendment sovereign immunity and has restricted the scope of the ADA.  But both sides claimed language in the ruling will bolster their arguments in the battles to come.  "While it's a narrow victory, it sends a message to lower courts that, on an issue-by-issue basis, there will be litigation involving what is a fundamental right, such as in the gray area of higher education, and there may be litigation difficult [for the disabled community] to defend when not involving a fundamental right, like access to state parks, stadiums, concert halls and the like," one expert predicted.  Although the Lane decision was limited to access to the courts, that category of cases is not necessarily limited to the physical structure of court buildings, say disability rights advocates and others.  It may apply to a broad range of court services, they explain, from interpreters for the deaf to jury service by the deaf and vision-impaired. 

(continued on page 6)

Page 2 April June, 2005

Locations and Staff

Santa Barbara Office

423 W.  Victoria Street

Santa Barbara, CA 93101

Voice/TTY: (805) 963-0595

Fax: (805) 963-1350

TTY/TDD: (805) 963-8265

CAP Advocate (Toll Free):

(888) 963-0595 V/TTY

Jo Black, Executive Director

Kathleen Riel, HR/Program Director

Jennifer Griffin, Business/Grants Mgr

Carol Baizer, ILS/BPAO Prog Coord

Diane Esparza, Information & Referral*/Outreach

Bernie Faulkner, Bookkeeper

Barry Gridley, Peer Support/Intake

Frank Lindstrom, Accounting Consultant

Petra Lowen, Community Living Advocate

Ken McLellan, ILS/Peer Support for the Deaf

Jennie Morales, Advocate/Interpreter Registry Coordinator

Patty Neumeyer, Assistive Technology Program Coordinator

Rabecca Serpa, Admin/CAP/Accounting Clerk

Kristin Watts, CAP Advocate

Ventura Office

1802 Eastman Av, Suite 112

Ventura, CA 93003

Voice/TTY: (805) 650-5993

Fax: (805) 650-9278

TTY/TDD: (805) 650-0669

BJ Legan-Adams, BPAO Specialist

Andrea Mendoza, Information & Referral*

Chera Minkler, Systems Change Advocate

Francisco Perez, Outreach/ Community Living Advocate

Christina Rahn, ILS/Peer Support for the Deaf

North Santa Barbara Co.  Office

327 E.  Plaza Drive, Suite 3A

Santa Maria, CA 93454

Voice/TDD: (805) 925-0015

Fax: (805) 349-2416

TTY/TDD: (805) 925-5892

Candace Ridenour, Community Living Advocate/ I&R

Laurie Colson-Young, BPAO Specialist

San Luis Obispo Office & CCATC

1150 Laurel Lane #184

San Luis Obispo, CA 93401

Voice/TTD: (805) 593-0667

Fax: (805) 549-7423

TTY/TDD: (805) 549-7424

Denise Martinez, Peer Support Advocate

Karen "Cary" McGill, Assistive Technology Advocate

Maria "Lisa" Rubio, Information & Referral*

Debra Souza, Community Living Advocate

StevenYoung, BPAO Specialist

* Bilingual English/Spanish

From the Desk of the Director:

This newsletter contains reports of successes and frustrations.  Our work is a sequence of efforts.  We make concerted attempts to reach our goals, regroup when success is not forthcoming, and retry.  Sometimes it feels as though we are running into a wall, and backing off bloodied, stubbornly running at it again.  Well, so be it.  We have a governor who seems intent on punishing those in our state least able to object.  We have a president who has never understood what it is to be poor or disadvantaged.  They are images-the weight-lifter and the cowboy.  Swaggering and blustering, they both use name-calling and arrogance to further their agendas.  But we were here before they arrived and we will be here after long after.  I urge you to continue to fight for the access and choice due us all.  It doesn't matter whether it is getting into a courthouse, out of a nursing home or into an x-ray machine.  Every time we speak up for barrier removal and independence, we strike a blow for our cause.  Keep fighting, and we will prevail.  Take up your pen, your telephone and your email and strike at the oppressors.  Tell them how you feel, how their poor decisions impact your lives, and how you will never again vote for them unless they truly represent you. 

Jo Black

Keith Newerla Wins 2004 NDSA Championship For Riders With Disabilities

For the second consecutive year, Keith Newerla of Seaford, NY won the National Disability Sports Alliance (NDSA) Equestrian Championship for rider with physical disabilities.  Riding Ballyshannon, Newerla won the Championship at Good Horseman's Dressage in the Horse Park at the Georgia International Horst Park in Conyers, GA May 1-2. 

With a score of 68.947%, Newerla and Ballyshannon sat in first place following the Individual Championship.  The pair turned in a score of 65.625% in the Musical Freestyle, the second phase of competition.  A fine performance in the Team Test earned Newerla and Ballyshannon a score of 67.105%, giving them a three-phase score of 67.249%, which could not be beaten. 

It was a close competition throughout the weekend with only about .8% separating the top four places overall.  Kathryn Groves of Winter Garden, FL finished in second place aboard Fleetwood with an overall

(continued on page 5)

April June, 2005 Page 3

Opera Training for Puppies

Guide Dogs for the Blind and Seattle Opera Join Forces; Puppies to Attend Rehearsal of Florencia-"A Good Opera for Beginners"

Seattle-Opera spokeswoman Tina Ryker announced today that Seattle Opera and Guide Dogs for the Blind plan to form an informal partnership by having puppies in training with the For Your Eyes Only program attend the Opera's Wednesday night dress rehearsals with their pups' trainers. 

Given access to the opera house, the puppies in training will have an opportunity to be in a situation simulating an actual performance: a good number of people will be in the auditorium, the house will be dark, there will be a full orchestra, and the opera onstage, with a full cast, will proceed like an actual performance. 

The opera-house training for the puppies begins Wednesday, February 23, at 7:00 p.m., at McCaw Hall.  The rehearsal is of Daniel Catán's Florencia en el Amazonas, an excellent opera for beginners: it is relatively short (just over two hours), easy on the ears with its lyrical music, and offers an array of stunning visual effects. 

Explaining her group's interest in attending the opera, Robynn Coulter, a puppy raiser and the treasurer of For Your Eyes Only, says: "As a puppy raiser, I need to teach the dog proper behavior and develop his social skills so that when he is returned to Guide Dogs for the Blind, he will have experienced a wide variety of situations and have an understanding of the world around him.  This allows him to focus on learning the guide work he must master to lead a blind person."

The puppies attending the opera are 9 to 13 months old.  They are all Labrador Retrievers.  Among the handler-and-pup duos attending the Florencia rehearsal are Brandon Jones and Boise, Hannah Zorn and Spence, Carolyn Marck and Sparkle, Jackie Stowe and Sheila, Eero Jones and Festive, and Robynn Coulter and Palmer.

Coulter notes that most of the handlers in her group are involved in 4H programs: "In our region, guide dog puppy clubs operate in conjunction with Washington 4H programs to provide educational opportunities for both the teenagers and the dogs."

Dogs in the opera house?

"It's a natural," says Ryker, "most opera people are dog people.  They readily understand how important guide dogs are in giving those who might not otherwise be able to attend the opera an opportunity to attend.  We're eager to help with training the puppies by opening the doors to our dress rehearsals."

Seattle Opera's General Director Speight Jenkins is not worried about how the dogs will react in the opera house: "My dogs have heard opera since they were puppies and always seem to enjoy it.  Jaspar, who has been in an opera and is particularly positive, always tunes in to sopranos.  I think our experiment here with For Your Eyes Only should be a big success."

For Your Eyes Only is a Bellevue-based group that raises and socializes puppies for Guide Dogs for the Blind.  After their puppy training, the pups will return to Guide Dogs for the Blind to learn the work of guiding a blind person.  More information on puppy raising and Guide Dogs for the Blind can be found at their Web site, www.guidedogs.com. 

For the record: Speight Jenkins' immediate family includes a Wheaton Terrier (Jaspar) and two mixed breeds-both part chow, part shepherd, and "Lord knows what else." Tina Ryker's immediate family includes a Samoyed, a Collie, and an American Eskimo.  Administrative Director Kelly Tweeddale's family has a cat. 

••••••••••••••••

Autism Society of America Santa Barbara has a new office at the Tri-Counties Regional Center Annex, 505 East Montecito Street, Santa Barbara.  ASA Santa Barbara has monthly support group meetings and has a variety of interesting speakers.  We meet the 4th Wednesday of the month at 7:00 PM.  Check out our website at www.asasb.org The mission of the Autism Society of America Santa Barbara is to promote lifelong access and opportunity for all individuals within the autism spectrum, and their families, to be fully participating, included members of their community.  Support, education, advocacy, and an active public awareness form the cornerstones of ASA Santa Barbara's efforts to carry forth its mission. 

Page 4 April June, 2005

Save the date!!! The Ventura ILRC Office will be having an open house on Tuesday, July 26, 2005, a celebration of the 15th anniversary of the ADA.  Everyone is invited to attend.  Watch for upcoming details. 

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From ILRC's San Luis Obispo Office

The San Luis Obispo office is very busy with a stream of new consumers from our outreach efforts in the county.  Lisa Rubio is doing outreach in Spanish and working with Hispanic community leaders at the Latin Outreach Council, a group that advocates for Spanish speaking individuals in SLO.  Denise Martinez has just been awarded the Mary Wilson Self-Advocacy award.  Mary Wilson was a great advocate and unfortunately was killed while going to her job one day.  This award was created in her honor as she displayed a great example of a self-advocate.  She was also a member of People First of San Luis Obispo, which is a group of self-advocates with disabilities who are fighting for the rights of the disabled community.  Most appropriately the first year went to Mary, the second year to another and this year went to Denise.  Denise added, "It has always been a dream of mine to give back what I have been given as I was born with moderate Cerebral Palsy.  The fruits of all the services that I received were of great value.  I benefited greatly from them and I am physically better because of those services.  At present, I feel the need to give all that I have to others in gratitude.  As an example of this, this past month I met a consumer that needed my services as a Peer Support Advocate.  I was able to help her and in turn she educated me as well.  After meeting with her I had such an uplifting feeling.  It is so refreshing to know that she is so willing to help herself become more independent in her lifestyle." Cary has been very busy with her Assistive Technology; she is working with the Exploration Station placing computers in consumers homes.  Steve Young, BPAO Specialist has become very busy with referrals from the Department of Rehabilitation.  Steve divides his time between San Luis Obispo and Santa Maria.  Debra Souza, Community Living Advocate has been successfully advocating for consumers in various situations. 

**ALERT**ALERT***ALERT***ALERT***

If anyone knows a consumer who has been contacted by a "Preacher Mike," who is offering to become their representative payee for their Social Security benefits, please contact United States Secret Service Agent Jacob Sinco at (805) 339-9313.  Preacher Mike has been posing as an "undercover US Secret Service Agent" for many years now up and down the coast of Washington, Oregon and California.  He typically goes into homeless

April June, 2005 Page 5

camps, befriends developmentally disabled individuals, and convinces them to let him be their Representative Payee for their Social Security benefits.  He is large and imposing man, wears black clothing (like an agent), is very charismatic and knowledgeable.  Preacher Mike has been known to drive a green van with the words Homeless Services on the side.  He has also been in and out of mental institutions for many years.  The FBI and the US Secret Service are hoping to be able to convict him this time. 

••••••••••••••••

My name is Francisco J.  Perez.  I am the Outreach/Community Living Advocate at the Ventura office.  I am a recent transplant from Orange County to the Ventura County area.  I reside in Oxnard. 

As a result of a physical trauma that I suffered to my lower back almost fifteen years ago in my work place, I grew frustrated and disillusioned with the Workers Compensation system of our beloved state.  It was then that I made a promise to myself that I would educate and empower myself, to better deal with and better utilize the system to my benefit.  I have now accumulated a great deal of information and knowledge regarding how the system works, and how to make it work for those of us who are physically challenged.  I continue to deal with the effects of this trauma.  I now know first hand what people go through when it comes to standing up for their rights, and when demanding the equality and justice that other people get from the same system. 

I want to share my knowledge and expertise with other people and join the continuing struggle that we find ourselves in.  I want to let the ILRC family know that I am ready and eager to embark in the endeavors to make sure that we continue to be a voice for those who need us the most.  I also want to thank the powers that be and those responsible for bringing me on board, and allowing me the chance to demonstrate my capabilities, and to assume the responsibilities and duties of this position.  I look forward to meeting you and working with you. 

Keith Newerla Wins 2004 NDSA Championship For Riders With Disabilities

(continued from page 2)

score of 66.649%.  In third was Robin Brueckmann of Summerfield, NC, who had a score of 66.639% riding Richmond. 

The NDSA Championship also served as the Dressage Selection Trial to determine the Short List of riders who will represent the United States at the 2004 Paralympic Games in Athens, Greece.  The Short List of riders comprises Newerla, Groves and Brueckmann, as well as Barbara Grassmyer of Placerville, CA, Rebecca Hart of Erie, PA, and Lynn Seidemann of Coppell, TX. 

Prior to May 23, these riders competed in one additional event that served as their final qualifier for the Paralympic Dressage Team.  The Team will comprise a four-member squad plus two alternates and will be named based on a combination of performance scores and subjective nomination. 

(continued on page 8)

Schedule for ILRC Newsletter Submissions Issue Deadline

July September, 2005 June 1, 2005

October December, 2005 September 1, 2005

January March, 2006 December 1, 2005

April June, 2006 March 1, 2006

Please send submissions (as MS Word attachments) to

Jennifer Griffin at jgriffin@ilrc-trico.org, or mail to:

ILRC Newsletter Submissions

423 W.  Victoria Street

Santa Barbara, CA 93101

General Information

Circulation Base: 2,700

Published four times yearly; mail submissions to ILRC NEWS LETTER at Santa Barbara office or e-mail to jgriffin@ilrc-trico.org; deadline is the first day of the month prior to publication date.  For more information, contact Jennifer at (805) 963-0595, extension 112.  Submit articles as MS Word attachments to jgriffin @ilrc-trico.org. 

Page 6 April June, 2005

Supreme Court Rules for Lane!

(continued from page 1)

There is little empirical data about the accessibility of courthouses to people with disabilities, but there is a strong belief within the disability rights community and among some academics who have studied the issue that a large problem exists. 

According to the American Bar Association, since the 1990 enactment of the ADA, courthouse and courtroom access has improved, but lack of access remains a serious problem in many communities. 

The ABA noted that every quarterly status report on ADA enforcement issued by the Department of Justice since 1994 identifies "numerous" cases and settlements involving states' failure to provide adequate access to judicial services. 

Since April 2002, the ABA told the Court, at least seven people who are deaf have sued the Minnesota state court system for its failure to provide interpreter services for their court appearances.  A 2000 study by a Washington governor's disability committee found 20 courthouses in that state with access problems under the ADA.  The ABA added that, thirteen years after passage of the ADA, many court systems remain seriously in default on even their most basic obligations under the law. 

In 1970, said William J.  Brown of William J.  Brown & Associates, counsel to Charles Lane and the five other disabled people who sued in the Supreme Court case, Tennessee adopted a public policy that public buildings should be accessible, and also adopted a North Carolina building code that was the leading standard for accessible buildings until the ADA.  Tennessee, he added, never performed the self-audits required by its own statute or by the ADA to identify problems and to develop a plan for addressing them. 

"We sued 25 counties," said Brown.  "After our lawsuit was filed, a number of these counties made some attempt to modify their courthouses.  But not one was ever inspected by the state fire marshal as required by law to ensure compliance either with the ADA or the North Carolina building code."

If the counties had done the self-audits and developed plans only to discover that modifications were cost prohibitive, Brown said he might have been sympathetic.  "But they didn't even do the self evaluation," he said.  "Fundamentally, what it is, is an unwillingness even to approach the problem."

Tennessee Attorney General Paul G.  Summers noted that the case will now go to trial to determine whether the plaintiffs' rights to courthouse access have been violated. 

There also has been litigation by disabled people, particularly those who are hearing or visually impaired, who want to serve on juries, one expert noted.  "I think Lane is broad enough to cover jury service as well," she said. 

But just how broad Lane is, is unclear.  In the majority decision, Stevens spoke of how Title II "seeks to enforce a variety of other basic constitutional guarantees, infringements of which are subject to more searching scrutiny." He listed some of those guarantees, including the public's right of access to criminal proceedings and a criminal defendant's right to be present at all stages of a trial where his absence might frustrate fairness. 

In a footnote, he added that because the Lane challenge implicated the fundamental right of access to the courts, it was not necessary to consider whether Title II's duty to accommodate is constitutional when applied to nonfundamental rights. 

This as-applied approach to the constitutionality of Title II was not the favored approach of disability advocates, except as a fallback position, said Arlene Mayerson, directing attorney of the Disability Rights Education and Defense Fund.  "It leaves disabled people uncertain of their rights and leaves advocates uncertain of the results of any particular case," she said.  "It's extremely cumbersome and cost and court-time inefficient to litigate every single issue.  In that sense, the decision is a setback."

But the outcome was "clearly better" than the alternative, from the perspective of the disability rights community.  Narrowing the ruling to court access appears to be what it took to get Sandra Day O'Connor's vote, which was key to the ruling in favor of Lane. 

Disability rights scholars, states and advocates also are watching for challenges to Title II based on the argument that Congress lacked power to enact it under the interstate commerce

(continued on page 8)

April June, 2005 Page 7

Assistive Technology News!

The Central Coast Assistive Technology Center (CCATC) is now operating as an independent nonprofit agency after having been a subsidiary of ILRC for over six years.  The ILRC continues to support the CCATC with in-kind services but due to the discontinuation of the Department of Rehabilitation (DOR) grant funding the CCATC is not currently providing services under ILRC.  Additional grant funding has been sought so look for additional updates regarding the CCATC services. 

The CCATC continues to help consumers learn to use assistive technology for computer access, augmentative communication, environmental control, low vision assistance, ergonomic workplace safety, and home, work-site and school access.  Current staff includes Paul J.  Mortola MS, OTR/ L, director, and John Lee, MS, OTR/L, both occupational therapists and rehabilitation technologists.  The CCATC serves consumers with disabilities in Santa Barbara and San Luis Obispo Counties.  With the lack of grant funding the CCATC relies on referrals from various local agencies with funding primarily from DOR. 

"We have written another grant for The California Endowment and are currently waiting for their response to our proposal," explains Mortola.  "We have asked them to fund a three-year program, Sensory Assistive Technology Demonstration Center & Loan Library, that will continue our work with people who have sensory-vision and hearing-disabilities." In addition, the CCATC has submitted funding for needed assistive technology devices like Closed Circuit Televisions that will be part of the assistive technology lending library. 

A grant request has also been submitted to the Christopher Reeve Foundation to fund a local television show on assistive technology called AssistiveTechTV. The proposed half-hour show will be produced for public access television in San Luis Obispo County and shared with other surrounding community public access channels.  This show will hopefully educate and inform all individuals about the power of assistive technology. 

Beyond the proposed programs funded by grants, the CCATC continues to contract with DOR and provide their consumers with assistive technology evaluations and trainings.  Please feel free to contact the CCATC with any questions by visiting our website at www.ccatc.org. 

Paul J.  Mortola MS, OTR/L
Director, CCATC
805.549.7420 ph
805.549.7424 TDD
805.549.7423 FAX
www.ccatc.org
P.O.  BOX 4310
San Luis Obispo, CA 93403

Calendar 2005

April

3 Daylight Savings Time Begins!

22 Earth Day

23 Passover Begins at Sundown

24 Passover

26 ILRC Board Meeting Ventura

29 National Arbor Day

May

1 May Day

5 Cinco De Mayo

8 Mothers Day

21 Armed Forces Day

30 Memorial Day ILRC Closed

31 ILRC Board Meeting Santa Barbara

June

14 Flag Day

19 Fathers Day

21 First Day of Summer (Solstice)

28 ILRC Board Meeting Ventura

April June, 2005 Page 8

 JUSTICE DEPARTMENT REACHES SETTLEMENT REGARDING CONDITIONS AT NEW JERSEY COUNTY NURSING HOME

The Justice Department recently nnounced that it has reached a settlement agreement with Mercer County, New Jersey resolving the Department's investigation of conditions and services at the Mercer County Geriatric Center, a 240-bed nursing home operated by Mercer County. 

"Nursing home residents deserve dignity and respect for their rights," said R.  Alexander Acosta, Assistant Attorney General for the Justice Department's Civil Rights Division.  "When a county takes responsibility for the care of nursing home residents, it accepts responsibility to ensure that those residents' constitutional rights are protected.  We are confident that today's agreement will accomplish swift and meaningful reforms."

The three-year agreement, filed with the U.S.  District Court for New Jersey, requires the county to overhaul its resident care and services.  In addition, the agreement ensures that each resident is served in the most integrated setting appropriate to his or her needs, as required by the Supreme Court's 1999 decision in Olmstead v. L.C.  The Department's focus on this area targets unnecessary institutionalization of individuals with disabilities. 

The settlement agreement resulted from a findings letter issued by the Justice Department on October 9, 2002, describing unconstitutional conditions at the nursing home.  The Justice Department found that the Mercer County nursing home exposed residents to unsafe living conditions and undue restraints, failed to provide adequate medical and mental health care, failed to provide residents with adequate nutrition and hydration, and failed to protect residents from unnecessary institutionalization. 

The Department commends County Executive Brian Hughes for his willingness to work aggressively to address the conditions at the Mercer County nursing home. 

Protecting the rights of institutionalized persons is a priority of the Department of Justice.  Since 2001, the Civil Rights Division has opened 46 investigations-affecting 53 facilities-concerning the terms and conditions of confinement in nursing homes, mental health facilities, residences for persons with developmental disabilities, juvenile justice facilities, prisons, and jails.  These figures represent a more than 30 percent increase in such investigations when compared to those initiated over the preceding four years. 

The text of the settlement agreement and additional information about the Special Litigation Section of the Justice Department's Civil Rights Division can be found at www.usdoj.gov/crt/split/index.html.  http://www.usdoj.gov.

Keith Newerla Wins 2004 NDSA

(continued from page 5)

The National Disability Sports Alliance is the national governing body for equestrian sport for riders with disabilities.  The non-profit organization is responsible for the development and selection of riders for national championships and international competitions, including World Championships and the Paralympic Games, and provides training, competition and advocacy for riders of all levels with physical disabilities. 

For information about NDSA and opportunities to support the programs, visit their website at www.ndsaequestrian.org, or contact Denise Avolio at (914) 949 8166 or diavolio@ndsaonline.org. 

Lane!

(continued from page 6)

clause another source, like Section 5, of lawmaking authority. 

Early in May, the 8th U.S.  Circuit Court of Appeals held that there was no commerce clause basis for Title II in a challenge to Missouri's $2 annual fee for windshield placards authorizing physically disabled people to use reserved accessible parking spaces.  Klinger v. Director, Dept. of Revenue, No. 03-2345.  The 8th Circuit had previously held that Title II was not an appropriate exercise of Congress' Section 5 power (now overruled by Lane). 

One expert observed, "That's the importance of Lane.  It's not just about money damages, but it provides one of the fundamental bases for the law."

END Second Quarter 2005 ILRC NEWSLETTER