Summary: Access Ready, Inc. voices deep concern over recent Supreme Court rulings that impact disability rights. The overturning of Chevron reduces agency discretion, complicating enforcement of disability laws. The Grants Pass decision upholds criminalizing homelessness, affecting those with mental health disabilities. The article calls for political engagement, advocacy, and community-based solutions.
Access Ready, Inc. joins the rest of the disability community in expressing deep concern over two recent Supreme Court rulings, both of which have significant implications for individuals with disabilities.
Supreme Court Overturns Chevron
On June 28th, 2024, the Supreme Court of the United States overturned the Chevron decision in a 6-3 ruling. The original Chevron case, decided in 1984, mandated that courts defer to federal agencies when interpreting ambiguous laws. This deference allowed agencies to create detailed and robust regulations, benefiting many communities, including people with disabilities.
Implications of Overturning Chevron
➜︎ Reduced Agency Discretion: Without Chevron, agencies like CMS, HUD, DOT, and DOJ lose the flexibility to create detailed rules. This will likely make it harder to enforce disability rights under laws such as Title II of the ADA.
➜︎ Impact on ICT Accessibility: Robust rulemaking around digital accessibility, such as rules for accessible websites, was facilitated under Chevron. The lack of deference to agencies might slow down or complicate enforcement of these accessibility standards.
➜︎ Broader Consequences: Enforcement of the ADA, Medicaid, public health, and housing regulations will become more challenging, affecting nearly every aspect of life for people with disabilities.
Response and Next Steps
Access Ready, Inc. and other disability rights organizations are evaluating potential actions to mitigate the impact of this decision. Grassroots efforts and political advocacy will be crucial moving forward. Electing candidates who support civil rights and are willing to codify robust regulations into law will be essential.
Supreme Court Decision on Homelessness
In a subsequent ruling on the same day, the Supreme Court upheld laws criminalizing homelessness in the Grants Pass decision. This ruling allows governments to impose criminal penalties on those camping in public spaces, even when no safe and accessible shelter options are available. The Court declared that such criminalization does not constitute cruel and unusual punishment under the 8th Amendment.
Implications of the Grants Pass Decision:
➜︎ Criminalization of Homelessness: This decision disproportionately impacts individuals experiencing homelessness, including those with mental health disabilities.
➜︎ Increased Vulnerability: People with mental health disabilities are significantly more likely to be harmed or killed during interactions with law enforcement. Criminal citations and incarceration exacerbate financial instability and create barriers to employment and housing.
Community-Based Solutions
Leading mental health organizations advocate for community-based services such as supportive housing, assertive community treatment, mobile crisis services, supported employment, and peer support services. These interventions are more effective and cost-efficient compared to criminal enforcement.
Call to Action
Access Ready, Inc. urges the disability community and allies to remain vigilant and proactive in light of these rulings. Here are some recommended actions:
➜︎ Political Engagement: Engage with and support candidates who prioritize civil rights and the protection of individuals with disabilities. Voting in November’s election is crucial.
➜︎ Advocacy: Share personal stories and experiences with candidates to highlight the importance of robust accessibility laws.
➜︎ Local and State Advocacy: With the fight against homelessness now at the local and state levels, advocacy efforts must focus on promoting community-based solutions and opposing criminalization policies.
Contact Information
Douglas George Towne, Chair and Chief Executive Officer
Website: https://accessready.org
Phone: +1 (727) 452-8132 📱️
Email: chair-ceo@accessready.org 📧️
Conclusion
Access Ready, Inc. remains committed to advocating for the rights of people with disabilities and ensuring accessibility and inclusion in all aspects of society. The recent Supreme Court rulings highlight the importance of continued advocacy, political engagement, and the implementation of effective community-based solutions to address these challenges.
