Page 4 - Desert Oracle Nov 2018

PVA Legislative Summary
by Eric Lindsay
This is an excerpt from:
The Speedy Gazette
The PVA Texas Chapter

What is “sovereign immunity?”
The concept of “sovereign immunity” protects states from suits and legal liability by its
own citizens unless the state consents to be sued or the state is sued by one of its
citizens in a federal court as a result of violation of federal law. Sovereign immunity
originates from the 11th amendment of the United States Constitution. There have been

legal precedents supporting and opposing sovereign immunity.

Why is it important?
Governor Abbott in his former capacity as attorney general of the state of Texas, has
been reluctant to support ADA law suits against Texas siting sovereign immunity.
Currently, in Texas, individuals with disabilities who experience discrimination on the part

of a state entity or actor may have no legal recourse if a state entity or actor refuses to
make reasonable accommodations for them. A few states including Texas, assert that
the 11th amendment of the U.S. Constitution grants all states sovereign immunity from
suit under the ADA. Texas made this assertion in an amicus brief filed in Lane v.
Tennessee.

Who does it effect?
The entire disabled community is vulnerable to discrimination if the state of Texas
continues to apply the concept of sovereign community. Hypothetically, maintaining
sovereign immunity could mean that the disabled community is refused access to
government buildings diminishing their ability to redress legal grievances, advocate,
demonstrate and to hold the government accountable for protecting civil rights.

What can we do?
Contact your state senator and find out what their position is on sovereign immunity as it
relates to the Americans With Disabilities Act. Ask them if they support waiving sovereign
immunity to enable disabled access. Texas Senate Bill 296 (January 2017) introduced by

state senator Hinojosa seeks to waive sovereign immunity in Texas.
Encourage your state senator to support waiving sovereign immunity, at least as it
pertains to the Americans with disabilities act in order to enable freedom of access.
VOTE.IN.NOVEMBER.