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Home » Proposition 1 on the Ballot in November — Protects People with Disability from Discrimination

Proposition 1 on the Ballot in November — Protects People with Disability from Discrimination

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IMPORTANT! In addition to voting for President, Vice President, Senator and other offices, depending where you live, on November 5 (plus early voting) there will be a ballot proposal known as the NYS Equal Rights Amendment (NYS ERA) to amend the New York State Constitution (NYS Constitution) that is favorable to people with disabilities: It is also known as Proposition 1, the NY Equal Rights Amendment or “Prop 1” 

Prop 1 will protect people with disabilities and other New Yorkers from many more types of discrimination than are currently covered under the New York State Constitution (NYS Constitution). As it currently exists, the NYS Constitution protects us only from discrimination based on race or religion. Prop 1 will include protection from discrimination based on disability (plus age, ethnicity, national origin, sex, including sexual orientation, gender identity and gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy). 

Prop 1 benefits people with disabilities by:

  1. allowing aggrieved people with disabilities to use a constitutional argument when no statute exists,
  2. raising many arguments to a higher level when those who would discriminate present defenses to present laws, and 
  3.  establishing a broad foundation for further legislation to implement constitutional protection.

For example, it will provide people with disabilities a basis for challenges to state action/inaction where their rights are now defined by arbitrary bureaucratic policies that prevent people with disabilities from accessing housing of their choice or informal “classroom” settings with Medicaid monies. 

To vote for Prop 1, YOU MUST TURN OVER THE BALLOT. Including this protection for people with disabilities in the NYS Constitution is critical.

 For further information about Prop 1 and to become involved in advocating for its passage, please contact Leslie Chervokas, [email protected].

(Note in some locations there may be other ballot proposals to consider- in Westchester there will be a proposal to change the terms of the Westchester County Board of Legislators from 2 years to four years).

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