Equal Access for the Disabled

The county’s tentative settlement of a lawsuit filed by a man in a wheelchair seeking to serve on a jury was welcome news.

Arthur Blaser is a political science professor at Chapman University in Orange. He alleged that the county violated the Americans With Disabilities Act by depriving him of his right to serve as a juror because court facilities were not accessible for those in wheelchairs.

The Americans With Disabilities Act, passed in 1990, was designed to remedy discrimination against disabled people by requiring public agencies and private companies to provide the disabled with equal access to facilities and programs.

Unfortunately, as too often happens, the federal government provided no funds to help carry out the actions needed to comply with a worthwhile law. To his credit, Blaser did not seek damages from the county. He just wanted it to conform to federal law. So the proposed agreement reached last week calls for Orange County only to pay legal fees to the Center for Law in the Public Interest, which represented Blaser.

Orange County was to have complied with the Americans With Disabilities Act four years ago. However, officials said the bankruptcy of December 1994 prevented them from solving the problems of ensuring access for those with disabilities. That was a reasonable excuse, for a while. But after three years with no access, Blaser filed suit. Another year passed before the tentative settlement.

An attorney for Blaser praised the county for admitting its fault and working to find a solution. Under the proposed settlement, the county will devise a plan to make all its buildings and facilities accessible to the disabled within four years.

It was refreshing to hear of Blaser’s desire to serve on a jury, a task many seek to avoid. After suffering a stroke six years ago that left him in a wheelchair, he received two summonses for jury duty. At Harbor Court, a restroom could not accommodate his wheelchair. Summoned again, he notified the court of his disability and was excused from service, which he did not want.

Giving the disabled access to the jury box will be another positive step in integrating them into society.