Court Case Regarding the ABA
The following case directly relates to the Americans with Disabilities Act. . . in JAIL. Check it out.
Raymond W. Aswegan v. John Emmett
U.S. 8th Circuit Court of Appeals
Decided: May 2nd, 1997
Background (as cited from the case):
Raymond W. Aswegan, a life sentence inmate at the Iowa State Penitentiary (ISP), brought this lawsuit contending his prison infirmary cell lacks cable television reception in violation of the Americans with Disabilities Act of 1990 (ADA). Although general population inmates are permitted to purchase television sets that can be connected to the cable television outlets in their cells, infirmary inmates who own televisions lack this amenity because the infirmary cells were designed without cable television hookups. Instead, infirmary inmates entertain themselves by watching television in the infirmary's community room where two cable-equipped televisions (with ample headphones) are available on a daily basis. As the court understood the situation, "cable service is necessary for adequate television reception at the ISP." Under the ADA, no qualified individual with a disability can be denied "the benefits of the services, programs, or activities of a public entity." Aswegan is ambulatory and his cell is hardly fifty feet from the infirmary's communal television room.
The district court decided Aswegan was a qualified disabled person who was denied the benefits of cable television because he routinely lost petty disputes about channel selections with the other infirmary inmates. Believing the ADA applies to the ISP and entitles Aswegan to have unlimited access to the television programs of his choice, the district court ordered the installation of a cable television outlet in Aswegan's cell. Emmett appealed, claiming that cable television is not a basic right.
The verdict:The appeals court ruled that, contrary to the district court's view, Aswegan has no viable claim for relief because the cable television sought by Aswegan is not a public service, program, or activity within the contemplation of the ADA. Accordingly, the appeals court reversed the district court's holding that Aswegan was entitled to access to cable television beyond that already provided in the infirmary's television room. Because the relief Aswegan sought was not covered by the ADA, the court did not have to decide, and the district court should not have decided, whether correctional facilities are subject to the ADA.
Raymond W. Aswegan v. John Emmett
U.S. 8th Circuit Court of Appeals
Decided: May 2nd, 1997
Background (as cited from the case):
Raymond W. Aswegan, a life sentence inmate at the Iowa State Penitentiary (ISP), brought this lawsuit contending his prison infirmary cell lacks cable television reception in violation of the Americans with Disabilities Act of 1990 (ADA). Although general population inmates are permitted to purchase television sets that can be connected to the cable television outlets in their cells, infirmary inmates who own televisions lack this amenity because the infirmary cells were designed without cable television hookups. Instead, infirmary inmates entertain themselves by watching television in the infirmary's community room where two cable-equipped televisions (with ample headphones) are available on a daily basis. As the court understood the situation, "cable service is necessary for adequate television reception at the ISP." Under the ADA, no qualified individual with a disability can be denied "the benefits of the services, programs, or activities of a public entity." Aswegan is ambulatory and his cell is hardly fifty feet from the infirmary's communal television room.
The district court decided Aswegan was a qualified disabled person who was denied the benefits of cable television because he routinely lost petty disputes about channel selections with the other infirmary inmates. Believing the ADA applies to the ISP and entitles Aswegan to have unlimited access to the television programs of his choice, the district court ordered the installation of a cable television outlet in Aswegan's cell. Emmett appealed, claiming that cable television is not a basic right.
The verdict:The appeals court ruled that, contrary to the district court's view, Aswegan has no viable claim for relief because the cable television sought by Aswegan is not a public service, program, or activity within the contemplation of the ADA. Accordingly, the appeals court reversed the district court's holding that Aswegan was entitled to access to cable television beyond that already provided in the infirmary's television room. Because the relief Aswegan sought was not covered by the ADA, the court did not have to decide, and the district court should not have decided, whether correctional facilities are subject to the ADA.
posted by Anonymous at
8:26 PM
1 Comments:
This case seems pretty ridiculous. From what I understand the district court said Aswagen was a qualified disabled because he routinely lost petty disputes about channel selections with infirmary inmates? I know that the term “disability” is very roughly defined in our textbook but this seems a little over the top.
Also, I want to know who thinks that cable television is a basic right. Television should be a privilege for these criminals and to think that we are paying for each one of these criminal to have a cable TV hookup in their cell is unbelievable. Ultimately, I agree with the appeals court verdict because cable television is certainly not a public service nor a basic right (In fact it can be pretty expensive depending on what package you get!)
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