Which event in the history of the Americans with Disabilities Act is an

example of a conflict between different levels and branches of government?

O

A. The Supreme Court ruled that agencies enforcing the act were

defining "disability" too broadly.

O

B. The National Council on Disability published a report showing a

need to reform federal law.

O

C. In 1990, the federal government spent more than $60 billion on

disability benefits and programs.

O

D. President George H. W. Bush signed the act into law on July 26,

1990

Answer: A. The Supreme Court ruled that agencies enforcing the act were

defining "disability" too broadly.

Explanation: During the 1980's, it became clear to the disability community that it should play a very active role in Supreme Court litigation under Section 504. The first Section 504 case which was decided by the Supreme Court in 1979, Southeastern Community College v. Davis, 442 U. S. 397, revealed at best, a lack of understanding, and also a hostility toward even applying the concept of discrimination to exclusion based on disability. In that case, a hearing impaired women was seeking admission to the nursing program of Southeastern Community College. The court found that Ms. Davis's hearing impairment disqualified her to participate in the program because she would not be able to fulfill all of the clinical requirements. However, the Court did not limit itself to the fate of Ms. Davis, but included within the decision several very broad negative interpretations of Section 504.