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Civil Rights “Lite” – It’s Not What You Think [1]
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Date: 2022-08-14
Any day is a good day to fight for civil rights.
Attorneys for the State of Wisconsin are failing to protect civil rights.
The state of Wisconsin is granting what staff calls “ADA exemptions” to municipalities. Municipalities, in turn, can grant that exemption to a local business.
John Bjelajac, City of Burlington, Wisconsin, Attorney, advises the Burlington Common Council on the law. In writing and at videotaped meetings of the Council, Mr. Bjelajac told the Council that it has the “legal right” to approve the illegal “ADA exemption”. He cited the State of Wisconsin as the authority to overturn federal civil rights law. He ignored the public comments at meetings about federal civil rights law.
The civil rights law is the Americans with Disabilities Act (ADA). Are the civil rights of people with disabilities different from the civil rights guaranteed to everyone? The point of the ADA is that people with disabilities have the same rights as everyone else. Inclusion is required.
The Supremacy Clause of the US Constitution establishes federal law is the law of the land. No state or local government has the legal authority to cancel federal law. What is going on? How can a licensed practicing attorney not understand this fundamental fact? The vote by the Burlington Common Council was unconstitutional, no matter what City Attorney Bjelajac told the members.
The Wisconsin Legislature approved the illegal “ADA exemption”. The Governor, at that time, signed the unconstitutional action of the Legislature. Why didn't anyone employed by the State of Wisconsin notice? A constituent recognition of the illegality is ignored.
Elected Officials violate their oaths of office
Every elected official and higher-level appointee takes an oath of office. They swear to uphold the Wisconsin Constitution and the US Constitution. Officials are violating their oaths to follow the rule of law by voting to subvert federal law. They are breaking faith with the people of Wisconsin.
The single reply came from the Department of Safety andProfessional Services overseeing the illegal “ADA exemption” contained nothing but a promise to dismiss federal civil rights law when convenient. Signed by Daniel Hereth, AssistantDeputy Secretary, Department of Safety and Professional Services, the letter states that the federal law will be met “differently”. Separate but equal? That is illegal. Mr. Hereth assures me that the department has applied the exemption in the past. His comment on the future is clear the illegal “ADA exemption” will continue to be granted.
Disability Justice is a nonprofit public policy organization to promote political power by and for people with disabilities.
The state of Wisconsin has no advance review of bills before going to the legislature for a vote. There is no ongoing review of departmental policies and procedures to conform to current science and law. There are inadequate records kept on the illegal “ADA exemption”. No one knows where it came from. There are no records on which municipalities asked for the illegal exemption.
Numerous questions pop up now about the state’s support for the US Constitution. Why are documents handed to the legislature for a vote without proper advance review? Where are the experts on civil rights law? What other departments have procedures or policies that violate federal law?
The Department of Transportation is a good example of careless attention to federal law. The counter clerks in the Department of Motor Vehicles are granted the authority to watch for signs of “Bi-Polar[sic] disorder”, depression, and stimming in applicants for a new or renewal driver’s license. The counter clerks are not any kind of health professionals. Yet, they have tremendous power over who can and cannot get a license based on a 3-minute “examination” of the applicant’s mental health.
So, if it is in writing – in a policy, a procedure, a code, or statutes, it must be legal. If it is writing — it must be non-discriminatory. What a way to run a government!
long COVID too
Now with long COVID survivors, there are millions more people in this country who come under the protection of the Americans with Disabilities Act. The best thing for all of us is to start pressuring all state and local governments in the United States to adopt an umbrella policy embracing civil rights law and Congress's intent in passing the ADA.
We have filed civil rights complaints with the US Department of Justice against both the City of Burlington and the state of Wisconsin. In the meantime, we are looking at other state of Wisconsin departments and careless ignorance of federal civil rights law.
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