Jump to full article: AP, 2000-10-11
Author: LAURIE ASSEO / Associated Press Writer -
Intro: The Supreme Court is using the case of a nurse with breast cancer and a security guard with severe asthma to hear a major states' rights challenge to the 10-year-old federal ban on discrimination against the disabled.
Alabama is trying to fend off lawsuits by the two state employees, arguing that individuals cannot sue states for financial damages under the Americans With Disabilities Act.
The Supreme Court's decision, expected by next summer, could sweep broadly enough to affect all ADA lawsuits that accuse states of bias against the disabled in a variety of services, including employment, education, transportation and health care.
Alabama's lawyers contend Congress lacked authority to subject the states to money-damage lawsuits under the ADA. . .
Ash, a security guard for the Alabama Department of Youth Services, says his severe asthma has been aggravated by the agency's refusal to enforce its no-smoking policy or repair exhaust problems on a vehicle he had to drive.
``They have a no-smoking policy, and all I've asked for is to enforce the no-smoking policy,'' Ash said Tuesday.
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