ADA is 34 years old

Celebrating the 34th Anniversary of the Americans with Disabilities Act

On July 26, 1990, President George H.W. Bush signed the Americans with Disabilities Act (ADA) into law, marking a historic milestone for disability rights. The ADA has been instrumental in prohibiting discrimination against the disabled in all areas of public life, including jobs, schools, transportation, and public and private places open to the general public.

The journey to the ADA's signing was fueled by the relentless efforts of dedicated disability rights activists. One pivotal moment in this movement was the televised and widely viewed Capitol Crawl on March 12, 1990. Hundreds of disability rights activists gathered in Washington, D.C., to urge Congress to pass the ADA. As part of the protest, dozens of individuals with disabilities left their wheelchairs and crawled up the 83 stone steps of the U.S. Capitol building, dramatically demonstrating the barriers they faced in everyday life. Among them was an 8-year-old girl named Jennifer Keelan, whose participation powerfully symbolized the need for change. Her determination and courage, along with that of others, highlighted the urgent need for comprehensive legislation to protect the rights of people with disabilities.

Key figures in the disability rights movement played crucial roles in advocating for the ADA. The late Judith Heumann (we miss you Judy), a lifelong advocate for the rights of people with disabilities, was instrumental in the fight for the ADA. Her leadership and tireless advocacy helped bring disability rights to the forefront of national consciousness. Ed Roberts, known as the father of the independent living movement, also significantly influenced the disability rights movement, emphasizing the importance of self-determination and community-based support. There were countless others whose contributions were vital in making the ADA a reality, reflecting a broad and united effort toward equality and inclusion.

The ADA consists of five titles, each addressing different aspects of public life:

1. Title I – Employment: Prohibits discrimination against individuals with disabilities in employment and requires employers to provide reasonable accommodations.
2. Title II – Public Services: Ensures that people with disabilities have equal access to public services, programs, and activities, including public transportation.
3. Title III – Public Accommodations: Prohibits discrimination in public accommodations such as restaurants, hotels, and stores, and requires accessible facilities.
4. Title IV – Telecommunications: Mandates accessible telecommunications services, including relay services for individuals with hearing and speech impairments.
5. Title V – Miscellaneous Provisions: Contains various provisions, including protections against retaliation and coercion, and guidelines for the implementation of the ADA.

It's humbling that laws like the ADA enable disabled individuals like me to avail of opportunities such as getting into college or even embarking on a PhD journey. Such a thing would have been unimaginable earlier. The ADA's passage represents the collective effort and resilience of countless individuals who fought for equality and accessibility. As we commemorate the 34th anniversary of the ADA, we honor the legacy of those activists and reaffirm our commitment to advancing the rights and inclusion of people with disabilities. 

https://www.whitehouse.gov/briefing-room/presidential-actions/2024/07/25/a-proclamation-on-the-anniversary-of-the-americans-with-disabilities-act-2024/

Related Posts: [Disability Legislation], [Disability Rights], [Disability History] [Autism Cares], [ADA], [Capitol Crawl] [Olmstead Act], [Section 504], 

Celebrating 25 Years of the Olmstead Decision

 Celebrating 25 Years of the Olmstead v. L.C Decision

Today marks the 25th anniversary of the landmark 1999 Olmstead v. L.C. case, a pivotal moment that ignited the de-segregation and de-institutionalization of people with disabilities. This case paved the way for community-based supports and services, transforming the lives of countless individuals.

Two years ago, I had the honor of participating in a White House panel discussion commemorating the Olmstead Act's anniversary. The significance of the Olmstead Act cannot be overstated. Just a few decades ago, individuals with significant disabilities, including "higher-support" autistics, were often placed in institutions, hidden away from society.

Back then, families were still advised to send their autistic children away before they became too attached. Many "higher-support" autistics, unable to advocate for themselves, were at the mercy of "well-meaning" professionals who claimed institutionalization was best.

As a child, I didn't fully grasp what institutions were, my only reference being brief scenes from the movie Rain Man. It wasn't until college, during my Disability Studies courses with Professor Victor Pineda, that I truly understood the horrors of institutionalization. On the first day of class, we watched the documentary Lives Worth Living, which highlighted the disability rights movement. One of the most shocking segments featured Willowbrook, an institution in New York where children with disabilities lived in appalling conditions. The doctors at Willowbrook were so alarmed that they invited reporter Geraldo Rivera to expose the situation, shocking the world.

I used to think my low-expectation special education classrooms were degrading enough, but the thought of living in such inhumane institutions is truly chilling. The 2020 documentary Crip Camp mentions a camper from Willowbrook who would overeat to the point of sickness because he never got enough food there.

This history underscores the profound significance of the Olmstead Act for people like me. While we have made significant strides in disability rights, there is still much work to be done. I am deeply grateful to the disability rights icons who have paved the way, making it possible for many of us to enjoy the freedoms we often take for granted.

Though challenges remain, we continue to move forward, inspired by the resilience and determination of those who fought for our rights. Here's to 25 years of progress and many more to come.

Related posts: #Disability_History, #Disability_Legislation #Disability_Rights,  #Olmstead_Act #Policy_Law

The Story of Autism CARES Act.

A Plain Langauge Version

Once upon a time in Washington, D.C., a group of people got together to help kids and adults with autism. These people wanted to make sure that everyone with autism could get the help they needed to lead the best lives they could.

How It All Began

The story starts back in 2006 with something called the Combating Autism Act. This was a big, important rule that said, "Let's find out more about autism and help people who have it." Later, this rule got a new name: the Autism CARES Act. "CARES" stands for Collaboration, Accountability, Research, Education, and Support. That’s a lot of big words, but they all mean good things for helping people with autism!

Here’s how the Autism CARES Act helps:

• Learning More About Autism: The Act gives money to scientists so they can study autism. They try to understand what causes it, how to spot it early, and the best ways to help autistics.
• Teaching Everyone: It helps teach everyone about autism, like what signs to look for and how to help. This means doctors, teachers, and even friends can understand and support autistics better.
• Helping with Services: It gives money to places like schools and hospitals to make sure kids with autism get the help they need. This could be special classes, therapists, or even fun activities that make learning easier and more enjoyable.
• Working Together: It makes sure that different groups, like schools, doctors, and scientists, all work together. This way, they can share what they know and make even better plans to help autistic people.
• Support for a Lifetime: The Act doesn’t just think about kids but also grown-ups with autism. It helps make sure they can find jobs, live on their own, and do all the cool things they want to do.

The Heroes Behind the Act

A lot of people worked really hard to make the Autism CARES Act happen. There were senators, representatives, autistics and many groups who care about people with autism. They listened to stories from autistics and families to understand what help was needed the most.

The Capitol Crawl

In the annals of history, there are moments that define the strength of the human spirit and ignite a spark of change. One such moment that will forever be etched in the hearts of millions is the remarkable "Capitol Crawl." On a day that exuded courage, hope, and determination, 150 passionate activists, including a young and incredibly brave 8-year-old girl, converged upon Capitol Hill to demand justice and the passage of the Americans with Disabilities Act (ADA).

Wheelchairs and mobility aids were cast aside, not in surrender, but in a powerful symbol of defiance against a society that had overlooked the rights and dignity of persons with disabilities for far too long. Crawling up the monumental steps of Capitol Hill, these extraordinary individuals weren't just making a physical journey; they were forging a path towards societal inclusivity, equality, and respect.
 

ADA 33

"It is hard for younger generations to imagine a world without the ADA, but before it existed, if you were disabled, stores could turn you away and employers could refuse to hire you. Transit was largely inaccessible. America simply was not built for all Americans, but courageous activists pushed to change that. In 1973, the Congress passed the landmark Rehabilitation Act, banning discrimination by any federally funded entity. Then, 17 years later, a bipartisan group of legislators persevered in passing the ADA, banning discrimination against people with disabilities in most areas of public life, from the workplace and public schools to public transit and telecommunications.

The ADA has had a profound impact, but we still have much more work to do...."

 https://www.whitehouse.gov/briefing-room/presidential-actions/2023/07/25/a-proclamation-on-anniversary-of-the-americans-with-disabilities-act-2023/

Happy ADA 33

 

Disability Rights Movement

The disability rights movement (DRM) refers to a social and political movement advocating for equal rights, inclusion, and improved quality of life for people with disabilities. The movement seeks to challenge and eliminate discrimination, stigmatization, and barriers that prevent disabled folks from fully participating in society.

DRM emerged in the late 1960s and gained significant momentum in the 1970s and 1980s. One of the key milestones was the passage of the Rehabilitation Act of 1973 in the United States, which prohibited discrimination on the basis of disability in programs receiving federal funding. This was followed by the Americans with Disabilities Act (ADA) in 1990, which further strengthened protections and rights for individuals with disabilities in various aspects of life, including employment, transportation, public accommodations, and telecommunications.

DRM focuses on promoting the principles of accessibility, independence, self-determination, and inclusion. It advocates for reasonable accommodations, accessibility in the built environment, educational opportunities, employment opportunities, healthcare access, and overall social acceptance and support for people with disabilities.

DRM has made significant advancements in raising awareness, changing societal attitudes, and implementing legal protections for people with disabilities. However, there are still ongoing challenges and areas for improvement to ensure full inclusion and equal opportunities across all aspects of life.

The Ugly face of Ugly Laws

The Ugly Laws, also known as the unsightly beggar ordinances, were a series of laws that were enforced in the United States and other countries in the late 19th and early 20th centuries.

These laws criminalized people with disabilities, deformities, or any physical characteristic that was deemed "unsightly" or "disgusting" in public spaces.

The origins of the Ugly Laws can be traced back to the mid-19th century when cities began to grow rapidly, and industrialization led to an increase in poverty and homelessness. In response to these societal changes, city officials sought to regulate public spaces, including streets and sidewalks, and restrict the presence of certain groups of people, including disabled folks.

The first Ugly Law was enacted in San Francisco in 1867, and similar laws were subsequently passed in other cities, including Chicago, New York, and Denver.  

The punishment under the Ugly Laws varied depending on the specific city or state in which the law was enforced. However, common forms of punishment included fines, imprisonment, or forced institutionalization in a hospital or asylum.

So the disabled could be arrested simply for appearing in public spaces, including streets, sidewalks, and public buildings. In some cases, police officers or other authorities would use their own discretion in determining who should be arrested or fined, based on their personal biases or prejudices.The Ugly Laws were often enforced without regard for the civil rights or dignity of the disabled, and many people who were arrested or institutionalized under these laws experienced great hardship and abuse.

The Ugly Laws were justified under the guise of public health and safety, with proponents claiming that people with disabilities were a threat to public health and morality. However, the laws were also a means of social control and discrimination against the disabled, who were seen as undesirable and unworthy of inclusion in public life.

The Ugly Laws persisted until the mid-20th century, when disability rights activists began to challenge these discriminatory practices. Disability rights groups, including the League of the Physically Handicapped and the National Association of the Deaf, organized protests and legal challenges to the Ugly Laws, arguing that they violated the civil rights of the disabled.

The Ugly Laws were repealed at different times in different states and cities, and it's unclear which state was the last to repeal them. However, it's known that the Ugly Laws were still in effect in some cities as late as the 1970s.

For example, in Chicago, the Ugly Laws were repealed in 1974 after years of activism by disability rights advocates, including a high-profile protest in which activists chained themselves to buses to draw attention to the issue. In Omaha, Nebraska, the Ugly Law was repealed in 1974, after a lawsuit was filed on behalf of a man with cerebral palsy who was arrested for appearing in public.

In many cases, the repeal of the Ugly Laws was not the result of a single event or action but rather a gradual shift in attitudes towards the disabled and a growing recognition of their civil rights. Today, while the Ugly Laws are no longer enforced, people with disabilities continue to face discrimination and barriers to full participation in society. Disability rights advocates work to challenge ableism and promote greater inclusion and accessibility for all.

(Written Oct '21)

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Plain Language Version

The Ugly Laws: A Shameful Part of History

The Ugly Laws, also known as the "unsightly beggar ordinances," were laws in the United States and other countries during the late 1800s and early 1900s. These laws made it illegal for people with disabilities or any physical differences to be seen in public during the daytime.

Why They Were Made

In the mid-1800s, cities grew quickly, and there was more poverty and homelessness because of industrialization. City officials wanted to clean up the streets and decided to keep people with disabilities out of public spaces.

Where They Were Enforced

• First Law: The first Ugly Law was passed in San Francisco in 1867.
• Other Cities: Similar laws were made in places like Chicago, New York, and Denver.

What the Laws Did

These laws allowed the police to arrest, fine, or send to institutions people who were considered "unsightly" just for being in public places like streets and buildings. The decisions were often based on the personal biases of the officers.

Justifications and Reality

The Ugly Laws were said to be for public health and safety, but they were really about controlling and discriminating against people with disabilities. These laws treated disabled people as if they were a threat or unwanted in society.

End of the Ugly Laws

• Disability Rights Movement: In the mid-1900s, disability rights activists started fighting against these unfair laws.
• Protests and Legal Actions: Groups like the League of the Physically Handicapped and the National Association of the Deaf protested and challenged the laws in court.
• Repeal: The laws were repealed at different times in different places, but some were still in effect until the 1970s.

Examples of Repeal

• Chicago: Repealed in 1974 after protests, including activists chaining themselves to buses.
• Omaha, Nebraska: Repealed in 1974 after a lawsuit for a man with cerebral palsy who was arrested for being in public.

Ongoing Issues

Even though the Ugly Laws are no longer in place, people with disabilities still face discrimination today. Disability rights advocates continue to work for greater inclusion and accessibility for all.

References

Baynton, D. C. (2001). Disability and the justification of inequality in American history. In P. K. Longmore & L. Umansky (Eds.), The New Disability History: American Perspectives (pp. 33-57). New York: NYU Press.

Kudlick, C. (2003). Reflections on freaks. In M. Corker & T. Shakespeare (Eds.), Disability/Postmodernity: Embodying Disability Theory (pp. 33-47). London: Continuum.

McRuer, R. (2006). Crip theory: Cultural signs of queerness and disability. New York: NYU Press.

Norton, R. (2016). Ugly laws: Disability in public. New York: NYU Press.

"The 'Ugly Laws': When Being Disabled Was A Crime" (NPR, 2014): https://www.npr.org/2014/12/18/371437472/the-ugly-laws-when-being-disabled-was-a-crime

"Chicago's Ugly Laws Repealed: A Look Back" (Chicago Tribune, 2014): https://www.chicagotribune.com/news/ct-ugly-laws-chicago-history-flashback-20141020-story.html

"The Law That Made It Legal to Ban People With Disabilities From Restaurants" (Smithsonian Magazine, 2017): https://www.smithsonianmag.com/history/law-made-it-legal-ban-people-with-disabilities-restaurants-180962121/

Thank you Lois Curtis

Today Lois Curtis passed away. She along with Elaine Wilson were the plaintiffs in the landmark 1999 Olmstead v. L.C case, which jumpstarted de-segregation and de-institutionalization of the disabled. It paved the way for community based supports for the disabled. 

Over the summer I also had the opportunity to be part of a White House panel discussion on the occasion of the anniversary of the Olmstead Act. The Olmstead Act is more significant than we can even think. Imagine, just a few decades ago, people with more significant disabilities (which would have included "higher-support" autistics like me) were simply put into institutions. 

Problem solved for society with the disabled tucked out of sight!! Case closed!! 

In fact, when I was young, families were still being advised to send their autistic child away before they grew too attached to that child. 

Folks like Lois did not get to choose. She had to fight to get out of an institution. 

What if you did not even have a "voice" (like many "higher-support" autistics) to protest even as your family was told that this was what was "best" for you by all the "well-meaning" professionals. 

Thank you Lois for speaking up. 

As a child I don't think I quite understood what institutions were. The closest I came to seeing a visual was was whatever was shown briefly in the movie, Rainman. 

It was not until I got into college and began my Disability Studies courses, that I began to understand how horrifying institutions and the idea of institutionalization was for the disabled. My very first disability studies course had been with Victor Pineda. 

On the very first day of class he screened a documentary called "Lives Worth Living" on the disability rights movement. One of the most shocking and horrifying scenes in that documentary had been Willowbrook, one such institution in New York housing the disabled. It showed the disabled children living in degrading and filthy conditions. The doctors at Willowbrook themselves had grown so alarmed that they had invited reporter Geraldo Rivera's to do an expose which shocked the world. 

I used to think my low expectation special education classrooms were degrading enough, but I shudder to think of what living in those inhumane institutions would have been like. In fact, in the 2020 documentary Crip Camp, there is a mention of a camper from Willowbrook "who would stuff himself with food till he got sick" as he would not get adequate food at Willowbrook. 

Such history makes the Olmstead Act all that more significant, and meaningful to folks like me. 

"The Olmstead decision has led the government to make more opportunities for people with disabilities to get services outside of institutions. Advocates and the government use the Olmstead decision to fight for disabled students’ rights to learn in the same classroom as non-disabled students. Advocates and the government use Olmstead to fight for disabled workers’ rights to work in the same workplace as non-disabled workers, and earn a competitive wage." (ASAN Remembers Lois Curtis)

Though we still have miles to go on disability rights on multiple fronts, I am so deeply appreciative of such disability rights icons who have hewn out the path that many of us now almost take for granted. 

Thank you Lois 

Related posts: #Disability_History, #Disability_Legislation #Disability_Rights,  #Olmstead_Act #Policy_Law