1 / 18

Goodman and the United States government vs. Georgia

Explore the Americans with Disabilities Act (ADA) of 1990 and its impact on state rights, government budgets, and the division of power between federal and state governments. Learn about the Tony Goodman case, the 11th Amendment, and the Supreme Court's decisions on ADA enforcement.

danij
Download Presentation

Goodman and the United States government vs. Georgia

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Goodman and the United States government vs. Georgia

  2. By: Philip Sun & Hae Sung Kang

  3. What is American with Disabilities Act of 1990?? • The ADA (Americans with Disabilities Act) is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. • Enacted on July 26, 1990

  4. Components of ADA Title 1 – Employment : no discrimination against a qualified individual with a disability Title 2 – Public Services and Transportation : requires the public agencies to comply with regulations

  5. Components Continued Title 3 – Public Accommodations and Commercial Facilities: full and equal enjoyment of the services for the disabled Title 4 – Telecommunications : equivalent services for deaf or disabled people Title 5 – Miscellaneous Provisions

  6. ADA Enforcement • The Department of Justice may file lawsuits in federal court to enforce the ADA, and courts may order compensatory damages and pay back to remedy discrimination if the Department prevails. Order!! Order!!

  7. States don’t like ADA! • ADA is considered as threat to state right because ADA overrides state rights. The 11th Amendment supposedly protects the state, but it had been overridden by ADA for the last few years. The US Supreme Court favored ADA on few cases. The state right advocates are worried about ADA's title I and II. The reason is that states, cities, local government have to spend extra budget to meet the requirements. In addition, the federal government gets the power to put regulations on states. This will eventually affect government's budget planning.

  8. 11th Amendment of US Constitution • 11th amendment protects the states from law suits from the non-citizens. • Chisholm v. Georgia : cause of creation • Since the federal government is so strong, the state governments must have some sovereignty • The states' rights must be protected by this amendment.

  9. 11th Amendment vs. ADA • The 11th amendment to the Constitution provides states with protection from lawsuits filed in federal courts. • What if the states go against ADA rule? • Several controversial issues are rising in few states. versus

  10. What did Goodman do? • Goodman tried to shoot his girlfriend. He then somehow got off the wheelchair and beat her. • He got 30-year sentence in Georgia prison for aggravated assault, having a firearm by a felon, and intending to distribute cocaine.

  11. Tony Goodman’s Claim • In Georgia State Prison, he was in the special K-Building, because of his bad behavior and the special requirements related to his disability. • He claimed he was trapped in this K-building unit cell for many hours per day. K

  12. Tony Goodman Continued • Goodman also claimed the prison didn’t provide basic rights and adequate conditions for him. He says the officials handcuffed him in a van without any restraints to stop him from sliding down from the floor. He also couldn’t go to toilet. • Goodman used Title II of ADA against Georgia, the Georgia Department of Corrections and eight prison officials. He wanted $600,000 from each prison official.

  13. Does the federal government have control over the prisons? • Both the federal and state governments have the power under the Constitution You fool!

  14. The division of this power • Type of prison matters in terms of regulations. • County Jails : County run; misdemeanors are held here • “Lock-ups” : Cities run; short-term incarceration

  15. The division of this power continued • “unified” systems : states run; for country jail and lock-ups. • Detention centers : federal run; major urban areas or near federal courthouses to hold defendants appearing in federal court

  16. Finial Decision of the Supreme Court • The decision was that Congress can apply ADA to state prisons, at least so far as the conduct violates 14th amendment.

  17. In the case Board of Trustees of the University of Alabama v. Garrett, the Supreme Court ruled in favor of the states. In the case Tennessee v. Lane, the Supreme Court ruled in favor of the Congress. In this case, the Supreme Court continued the ruling in Tennessee v. Lane ruling and ruled in favor of Congress. All these involved the ADA. Similar Cases

  18. The End

More Related