Press Release

In Oneonta, NY, New York's disability community has denounced Governor Paterson's recent
veto of two critical pieces of civil rights legislation. Both bills, passed by a vast majority in both
houses of the state legislature, would simply require state law to conform with existing federal
requirements under the Americans with Disabilities Act (ADA). Outraged disability advocates
are calling on the state legislature to override the governor's vetoes to ensure the civil rights of
people with disabilities in New York are upheld.

One bill, A. 584 (Cahill)/S.1058 (Addabbo), would require all polling sites to comply with the
accessibility guidelines of the ADA. Across the state, polling sites are rife with ADA violations
disenfranchising people with disabilities in their right to accessible voting. The new law will
update state election law to be consistent with long-existing federal requirements, eliminate
outdated waiver language, provide clear instructions for compliance, and finally create a means
for oversight and enforcement in the state. Inaccessible sites can either be moved,
consolidated, or modified using pre-existing state and federal HAVA funds for costs
incurred.

In his veto message regarding the polling site access bill, the Governor asserts, "The time frame
that would be imposed by this bill is simply too onerous. It is not possible ...that it be achieved in
the period contemplated by the legislation..." His rationalization is ridiculous in the face of long established legislation still in the process of being implemented. The purpose of the 36 year-old
Rehabilitation Act (1973) is to "empower individuals with disabilities to maximize ...
independence, and inclusion and integration into society, through the guarantee of equal
opportunity." Title II of the ADA (1990) itself almost twenty years old, also "requires that State
and local governments give people with disabilities an equal opportunity to benefit from all of
their programs, services, and activities" including voting. "Neither law is flawlessly and
thoroughly adhered to; it has taken years of committed effort to see them recognized let alone
implemented," said Chris Zachmeyer, Chair of the New York State Independent Living Council
(NYSILC). "The ADA lacks weight here in New York because our state laws do not adequately
reflect the federal mandates. Saying there isn't enough time is preposterous. Claiming fiscal
constraints as an additional reason to veto is absurd when right now in the state's coffers are
several million dollars in HAVA funds specifically reserved for making polling sites accessible.
Time is relative and money is available. The Governor's veto makes no sense."

The other bill vetoed, A.781-B (Paulin)/S.5396 (Huntley), adds federal ADA Title II language into
state statute, clarifying the obligations of government officials and strengthening the civil rights
protections for people with disabilities. Title II of the ADA protects people with disabilities from
discrimination on the basis of disability in services provided by public entities, including state
and local governments. In the proposed bill, public entities would be required under state law to
make reasonable accommodations-the same accommodations already required by federal
law-and individuals with disabilities would gain critical access to the administrative
enforcement mechanisms through the State Division of Human Rights. This bill imposes no
new or additional requirements upon local governments or businesses. Governor
Paterson's opposition to this bill rest on definitions that do or do not appear in the legislation's
text and he fears a possible "broader interpretation" might expose the State to lawsuits.

"In effect," said Frank Pennisi, Chair of the A.D.A. Committee of NY, "Governor Paterson is reminding New Yorkers with disabilities they will remain disenfranchised, marginalized and discriminated against. This is unconscionable and cannot be allowed to continue. For more information, please contact: 1-888-NYS-HAVA begin_of_the_skype_highlighting              1-888-NYS-HAVA      end_of_the_skype_highlighting or nyshava@ccfi.us.

The WNYIL is Western New York's largest cross-disability, consumer-directed, non-residential organization for persons with disabilities. At the WNYIL, individuals of all ages and all types of disabilities learn to exercise their freedom of choice to take control of their own lives in order to live more productively in, and contribute to, the community.

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