ADA Amendment to Exclude Prisoners/Prison Activists Resource

Tom Boland (wgcp@earthlink.net)
Tue, 16 Feb 1999 07:33:51 -0800 (PST)


FWD  Prison Activist Resource Center http://www.prisonactivist.org

     AMERICANS WITH DISABILITIES ACT
     AMENDMENT TO EXCLUDE PRISONERS

     Mon, 15 Feb 1999

A Federal bill introduced this session by Strom Thurmond (co-sponsored by
Jesse Helms and Wayne Allard) would amend the Americans with Disabilities
Act to exclude prisoners.

The Supreme Court found last year (in Pennsylvania DOC v. Yeskey) that the
ADA did apply to prisons, and (in Bragdon v. Abbott) that persons with HIV
should be covered by the ADA.  Thurmond's bill would cut off access for all
disabled prisoners (including prisoners with HIV) from the law's protection.

Does anyone know what chances this bill has?  Or if anyone is mobilising
either for or against it?  Any info appreciated.

Text of the bill follows.  I've also got the text of Thurmond's
introductory speech if anyone wants it.

Thanks,
Rachel Maddow
rachel.maddow@lincoln.ox.ac.uk

                                        106th CONGRESS

                                            1st Session

                                              S. 33

To amend title II of the Americans with Disabilities Act of 1990 and
section 504 of the Rehabilitation Act of 1973 to
exclude prisoners from the requirements of that title and section.

                           IN THE SENATE OF THE UNITED STATES

                                       January 19, 1999

Mr. THURMOND (for himself and Mr. HELMS) introduced the following bill;
which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions



                                             A BILL

To amend title II of the Americans with Disabilities Act of 1990 and
section 504 of the Rehabilitation Act of 1973 to
exclude prisoners from the requirements of that title and section.

       Be it enacted by the Senate and House of Representatives of the
United States of America in Congress
       assembled,

SECTION 1. EXCLUSION OF PRISONERS.

       (a) AMERICANS WITH DISABILITIES ACT OF 1990- Section 201(2) of the
Americans with Disabilities Act
       of 1990 (42 U.S.C. 12131(2)) is amended by adding at the end the
following: `The term shall not include a
       prisoner in a prison, as such terms are defined in section 3626(g)
of title 18, United States Code, with respect to
       services, programs, activities, and treatment (including
accommodations) relating to the prison.'.

       (b) REHABILITATION ACT OF 1973- Paragraph (20) of section 7 of the
Rehabilitation Act of 1973 (as
       redesignated in section 402(a)(1) of the Departments of Labor,
Health and Human Services, and Education, and
       Related Agencies Appropriations Act, 1999) is amended--

              (1) by redesignating subparagraph (G) as subparagraph (H); and

              (2) by inserting after subparagraph (F) the following:

                    `(G) PRISON PROGRAMS AND ACTIVITIES; EXCLUSION OF
PRISONERS- For
                    purposes of section 504, the term `individual with a
disability' shall not include a prisoner in a
                    prison, as such terms are defined in section 3626(g) of
title 18, United States Code, with
                    respect to programs and activities (including
accommodations) relating to the prison.'.

END

_______________
http://www.javanet.com/~maddow/


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