AG: Disability ruling on prisons will cost states

Tuesday, June 16, 1998 | 10:59 a.m.

CARSON CITY -- Attorney General Frankie Sue Del Papa says the state could be subject to millions of dollars in extra costs and more frivolous lawsuits because of a ruling by the U.S. Supreme Court that a federal law to help the disabled and handicapped applies to state prisons.

The court Monday ruled that the Americans with Disabilities Act covers state convicts. The ruling went against Pennsylvania, sued by an inmate who was denied admittance to a boot camp because he failed to pass the physical examination due to hypertension. The boot camp required all participants to engage in strenuous exercise.

Nevada and Ohio had filed a friend-of-the-court brief on behalf of 36 states and territories backing up Pennsylvania. Nevada said while the disabilities law is well-intentioned, it interferes with the rights of states to manage their inmates to ensure the safety and security of prison employees and inmates.

"For example, it may not be appropriate to supply a prosthetic device to a violent, but disabled inmate -- not because the state lacks sensitivity to the inmate's plight, but because a heavy prosthetic device may be used as a weapon and thereby pose security risks," Del Papa said.

In one case an inmate housed in an infirmary in Iowa won a judgment under the disabilities law that he was entitled to a personal television, including cable programming, despite the availability of one in the day room.

Del Papa said this law creates difficulties for correctional administrators and an expensive burden for states in cases where the inmates may abuse the law.

"States must already accommodate inmates with all types of physical and mental conditions under the Eighth Amendment," Del Papa said. "If abused, the ADA has the impact of enabling these inmates to obtain more benefits than any other type of inmate, and has the potential for costing state taxpayers millions of dollars for additional facilities and programs.

"If this does in fact happen, state Legislatures may feel compelled to completely eliminate some rehabilitative programs which are not constitutionally required," she said.

"Unfortunately, this decision will in all likelihood encourage additional frivolous litigation by inmates. I also believe prison administrators must be able to make programming, housing and classification decisions based first and foremost on safety and security, without being second-guessed by courts as to whether these decisions do not meet ADA standards."