Dr. Sharisse Stephenson Advocates for Stronger ADA Compliance in Independent Commissions Nationwide

Ensuring Accessibility: A Call to Action for ADA Compliance in Independent Commissions

Dr. Sharisse Stephenson, a dedicated neurologist and staunch advocate for disability rights, is making a compelling case for states to reinforce their adherence to the Americans with Disabilities Act (ADA) within independent commissions. Her recent initiative aims to spark a nationwide movement, beginning with Virginia, where glaring gaps in ADA compliance pose significant barriers to individuals with disabilities.

In her advocacy, Dr. Stephenson highlights that many independent commissions lack essential elements such as published ADA policies and designated coordinators, resulting in an environment where accessibility is compromised. She asserts, "The ADA mandates that every public entity must have a coordinator and a transparent process. This requirement should extend to independent commissions as well."

In Virginia, the absence of structured ADA accommodation procedures in independent organizations like the Virginia Workers' Compensation Commission illustrates a broader trend seen across various states. Dr. Stephenson points out, "While Virginia's courts have established processes and ADA coordinators, many independent bodies operate without similar transparency or commitment to accountability."

The Civic Mandate of the ADA

The ADA, enacted in 1990, stands as a significant milestone in civil rights legislation, specifically aimed at protecting the rights of those with disabilities. Title II of the act applies universally to state and local governments, encompassing all agencies, commissions, and departments. According to the U.S. Department of Justice, this title ensures an obligation to make all programs, services, and activities easily accessible to individuals with disabilities.

However, the reality is stark—numerous independent commissions across the country function without a clearly defined ADA coordinator, lack a written policy for accommodations, and miss out on having a public grievance process. This absence of fundamental safeguards effectively alienates people with disabilities from civic engagement and participation.

Dr. Stephenson emphasizes that the common misconception of the ADA as merely pertaining to physical access—like ramps or parking spaces—misses the broader intent of the law. "The ADA is fundamentally an access law; it guarantees the right for individuals to engage fully in governance and institutional processes that shape their lives," she explains. This includes everything from courtroom procedures to public hearing processes.

Legal Precedence: Tennessee v. Lane

A landmark case that reinforces this principle is Tennessee v. Lane (541 U.S. 509 [2004]), in which the Supreme Court affirmed that Title II of the ADA enforces the constitutional right to access the courts. The case revolved around George Lane, a paraplegic man who was required to crawl up courthouse steps to attend his hearing. The Court ruled that such barriers infringed upon both the ADA’s protections and the Due Process Clause of the Fourteenth Amendment.

In light of this, Dr. Stephenson argues that the availability of justice is a constitutional right and not merely a privilege. "Every state is responsible for ensuring that individuals with disabilities are granted full access in their interactions with both courts and independent commissions," she states.

Advocacy on Behalf of People with Disabilities

The Phoenix Advocacy Network (PAN), co-founded by Dr. Stephenson, plays a crucial role in amplifying voices of physicians and patients to ensure accountability and inclusiveness within public institutions. Through PAN, she aims to foster a culture of accessibility and awareness, urging legislators to recognize and rectify the shortcomings in ADA compliance across various levels of government.

Dr. Stephenson is resolute in her commitment to advancing disability rights and calls upon other advocacy groups to rally alongside her in this mission. "Accessibility is not just a legal obligation; it embodies the richness of our society when every voice has an opportunity to be heard," she insists.

As this advocacy gains momentum, it is clear that the path to complete ADA compliance is fraught with challenges, yet it is a journey worth pursuing to ensure that the voices and rights of individuals with disabilities are upheld and respected throughout every layer of governance. With advocates like Dr. Sharisse Stephenson leading the charge, there is hope for significant progress toward an inclusive society for all.