SB 1760 Perata !!VETOED!! CDR Co-Sponsored "Soverign Immunity Waiver for the ADA"

!!VETOED!! Wednesday, September 29th
To the Members of the California State Senate:
I am returning Senate Bill 1760 without my signature.
The State of California provides civil and administrative protections against disability
discrimination that are as broad as those provided under federal law. In many instances,
California disability laws provide more extensive remedies than those contained in
federal law. It is, therefore, unnecessary to subject the State to suit under the Americans
with Disabilities Act. SB 1760 would expressly waive the State’s sovereign immunity
under the Eleventh Amendment of the United States Constitution and permit the State of
California to be sued for violations of the Americans with Disabilities Act.
For these reasons I am unable to support this measure.
Sincerely,
Arnold Schwarzenegger
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Passed both houses...on to the Governor's desk. Please send your letters of support!

SB1760 would provide that the State of California consents to be sued instate or federal court by any person seeking to enforce rights or obtainremedies afforded by the ADA.
Further, it prohibits any public agencyinvolved an action under the ADA to assert that they have any immunity fromsuit under the Eleventh Amendment to the United States Constitution.
Recent U.S. Supreme Court decisions have interpreted the Eleventh Amendmentas providing the state immunity from suits by individuals with disabilitieswho have been injured by discrimination in violation of the ADA.
However, the court has made clear that the states are free to waive theirimmunity and consent to be sued by statute.
It is the purpose of SB1760 to make it clear that the State of Californiawaives this immunity, to achieve the intention of Congress in enacting theADA. Congress intended to hold states accountable for discriminationagainst people with disabilities.
In addition, California has long been aleader in protecting the civil rights of persons with disabilities, and hasnot tried to immunize itself from responsibility under the ADA.
I ask that you pass SB 1760, and thereby reaffirm the State¹s commitment tothe civil rights of persons with disabilities. This is a very importantissue for all persons with disabilities. Without an effective enforcementmethod, the ADA is a hollow promise.
Thank you for the opportunity to present my views on this issue.