Michimich.com - Physician Calls for States Nationwide to Ensure ADA Compliance in Independent Commissions

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Advocate urges Virginia to establish clear ADA accommodation procedures in independent commissions to guarantee fair access for people with disabilities.

DALLAS - Michimich -- Dr. Sharisse Stephenson, a neurologist and disability-rights advocate, is calling on states across the country to strengthen ADA compliance in independent commissions — beginning with Virginia, where no published policies or ADA coordinators exist in commissions such as Virginia Workers' Compensation.

"The ADA requires every public entity to have a coordinator and a published process. Independent commissions should be no exception." — Dr. Sharisse Stephenson

"Virginia's courts have a defined process and a named ADA coordinator," said Dr. Stephenson. "But in many independent commissions, there's no published policy, no coordinator, and no clear way to request accommodations."

Similar gaps in ADA implementation exist in other states. "These commissions function as part of the state, but without the same transparency or accountability," Dr. Stephenson said.

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The ADA's Civic Mandate Under Title II

The Americans with Disabilities Act (ADA), enacted in 1990, is the nation's landmark civil-rights law for people with disabilities.

Title II covers all state and local governments — every agency, commission, and department.

As the U.S. Department of Justice explains, "Title II of the ADA applies to all state and local governments, their departments and agencies, and any other instrumentalities or special-purpose districts of state or local governments."

The DOJ further clarifies that state and local entities must:

Make all programs, services, and activities accessible to individuals with disabilities.

Yet many independent commissions in multiple states operate with no public ADA coordinator listing, no written accommodation policy, and no posted grievance process. Without these safeguards, people with disabilities — may be effectively excluded from civic participation.

Dr. Stephenson explained:

"People often think of the ADA as just a 'ramp law' — something that's only about buildings or parking spaces. But it's really an access law. It protects the right to participate safely and equally in the decisions that affect your life, from courtrooms to commission hearings."

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Legal Foundation: Tennessee v. Lane

The Supreme Court underscored this principle in Tennessee v. Lane (541 U.S. 509 [2004]), holding that Title II validly enforces the constitutional right of access to the courts.

George Lane, a paraplegic man, was forced to crawl up courthouse steps to attend his hearing; the Court ruled that such barriers violate both the ADA and the Fourteenth Amendment's Due Process Clause.

Dr. Stephenson noted:

"Access to justice is not optional — it's a constitutional guarantee. Every state should ensure that people with disabilities can participate fully in both courts and commissions."

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