Vos violated the ADA

Respect is optional; the ADA isn’t

Vos flouts Americans with Disabilities Act in dust-up with Anderson

Wisconsin state Rep. Jimmy Anderson, D-Fitchburg, has substantial physical disabilities and is confined to a wheelchair. He is still able to speak, think and act as the representative of his constituents. In order to carry out his legislative duties, Anderson has repeatedly asked Assembly Speaker Robin Vos, R-Rochester, to allow reasonable accommodations for his disabilities such as being able to participate in those legislative committee meetings where he is a member by phone instead of in person. Vos repeatedly denied Anderson’s requests until last week, even though the Americans with Disabilities Act requires the requested accommodations.

Vos offered Anderson a watered-down affirmative answer last week, but coupled it with changes to Assembly rules consolidating more power in the Republican majority, providing less input from the Democratic minority and increased opportunities to limit Gov. Tony Evers’ veto power. Anderson rejected the accommodations offered to him because they were coupled with these new rules.

Under the new rules, the Assembly now can take unlimited votes to try to override an Evers veto. The old rule only allowed one override vote. The new rules also prevent the Democratic minority from caucusing when surprise bills or amendments are introduced on the Assembly floor. In addition, the speaker now has the power to limit the time allowed for debate and to convene a surprise floor session to vote on bills even when a number of lawmakers are absent.

Needless to say, the response from Democratic Assembly members was quick and scathing.

Rep. Greta Neubauer, D-Racine, released a statement in response.

“It is disappointing, but not surprising, that the Speaker would pass on the chance to do the right thing for the right reasons. The effort to tie accommodations for Rep. Anderson to rule changes that silence the minority and undermine the governor is an insult to every single voter. It means that voters aren’t represented equally in the legislature, because some representatives are allowed less of a voice,” Neubauer said.

“Disability accommodations should never be a political process and changing the rules in the Assembly to water down the Governor’s veto and silence the minority — these changes undermine our democracy and each person’s right to equal representation in Wisconsin, regardless of party or ability,” she noted.

Assembly Democratic Leader Gordon Hintz, D-Oshkosh, also criticized Vos’ actions.

“The decision to not allow these basic accommodations without attaching an unrelated power grab is unnecessarily cruel, anti-democratic, and leaves a permanent stain on this legislature. Not every decision has to be political, but it is to Robin Vos. No single legislator has been more damaging to this institution and to our democracy,” Hintz stated. “It’s clear Republicans don’t want us to debate the issues. They don’t want to address the challenges facing our state. Instead, Republicans are solely focused on ways to consolidate their own power and stick it to Governor Evers.”

“Apparently Republicans are not capable of the simple decency of accommodating their colleague without attaching rule changes that have literally nothing to do with the Americans with Disabilities Act. The fact that throughout this process none of Rep. Anderson’s GOP colleagues reached out to him to offer even their minimal support tells you everything you need to know,” Hintz concluded.

Rep. Lisa Subeck, D-Madison, also weighed in on the controversy.

“AR 12 ties disabilities accommodations for a member of the Assembly to other rule changes that consolidate power of the majority party, including allowing unlimited attempts to override a veto and giving sweeping new powers to the Speaker.

“Accommodating individuals with disabilities serving in the Legislature is an issue of basic respect and should not be treated as a political matter up for debate. Yet, Speaker Vos has spent months denying our colleague, Rep. Jimmy Anderson, and his constituents the respect they deserve.

“Speaker Vos’ petty refusal to provide the same reasonable accommodations to our colleague that we would expect and require of any employer under the Americans with Disabilities Act has been a mind-boggling embarrassment to himself and our entire institution. Now his motive is clear — He was unwilling to do the right thing unless there was something to be gained for himself and his caucus.

“Republicans have treated what should be nonnegotiable — accommodating the full participation of individuals with disabilities — as a negotiation. Their refusal to act on Rep. Anderson’s request for reasonable accommodation without getting something for themselves in return is nothing short of shameful.

“Instead of holding ourselves accountable to the same standards under the Americans for Disabilities Act that we require of all other employers in the state, Republicans have used this as an opportunity to hide their naked power grab and change the rules for their own benefit. Speaker Vos and Assembly Republicans shamefully put themselves first in a flagrant act of disrespect for our colleague and other individuals with disabilities,” Subeck said.

When we thought that our society was better for the contributions of those less physically able, Speaker Vos shows we still have miles to go before we have a truly inclusive democracy where the contributions of all are welcomed and honored.