Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)

Citation: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)
Parent Document: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-04-10
Original Source: https://www.courtlistener.com/opinion/7178223/adjartey-v-cent-div-of-the-hous... ↗

Full Text

1,474 chars

Article 114 of the Amendments to the Massachusetts Constitution provides that "[n]o otherwise qualified handicapped[24 ] individual shall, solely by reason of his [or her] handicap, be excluded from the participation in, denied the benefits of, or be subject to discrimination under any program or activity within the commonwealth." Relatedly, the Massachusetts Equal Rights Act (MERA) provides that "[a]ny person within the commonwealth, regardless of handicap ... shall, with reasonable *314accommodation, have the same rights as other persons to ... sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property, including, but not limited to, the rights secured under [art. 114] of the Amendments to the Constitution." G. L. c. 93, § 103 (a ). These laws exist to address the " 'pervasive unequal treatment' of individuals with disabilities," who "have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society." McDonough, 457 Mass. at 514, 528, 930 N.E.2d 1279, quoting Tennessee v. Lane, 541 U.S. 509, 516, 524, 124 S.Ct. 1978, 158 L.Ed.2d 820 (2004). It is therefore critically important that these laws be enforced in our courts, where "[e]very subject of the commonwealth" has a right to obtain justice (emphasis added). Art. 11 of the Massachusetts Declaration **848of Rights.

Other Sections in This Document (125)

Full Text