ADA Paves The Way!

The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, by President George H.W. Bush. The ADA is one of America’s most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life — to enjoy employment opportunities, to purchase goods and services, and to participate in State and local government programs and services. Modeled after the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, sex, or national origin – and Section 504 of the Rehabilitation Act of 1973.
To be protected by the ADA, one must have a disability, which is defined by the ADA as a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

ADA Amendments Act was signed in 2008. Congress stated in it’s introduction to the ADA that those decisions in the ADA limited the rights of persons with disabilities, so the ADA reversed those decisions by broadening the law. Specifically, the ADA changed the definition of the term “disability” by clarifying and broadening it – which, in turn, increased the number and types of persons protected under the ADA and other federal nondiscrimination laws.

The ADA is a hero to so many people and gives everyone a voice. People have a very hard time living with a disability already. Years ago, it was like life was over if you were disabled. Now, thanks to the ADA, there is so much available to people who have disabilities. The ADA makes it possible for my “why not” attitude to thrive. I know it’s like an invisible hug that so many people always need. Like a parent watching to make sure people do the right thing. It’s sad that so many people wouldn’t alter many things unless there were consequences.
Imagine how it feels having to fight for basic rights that everyone else has. Some of us enjoyed those rights for years and suddenly not having them overnight is rough. I think that is what sparked the disability movement – outrage and despair.

The disability rights movement grew from the civil rights movement of the 1960s, but had been developing for longer. In the 1800s, people with disabilities were often treated poorly, viewed as burdens to society, or ridiculed.

Senators Tom Harkin and Lowell Weicker introduced the ADA as S. 2345 in April 1988. I was already in elementary school. If I had a disability back then, being the type of person I am, I would’ve ended up in trouble a lot. I know a lot of people who had disabilities back then. I applaud and thank them. You might think “I didn’t do anything” but you did! Just going anywhere, your daily struggles brought awareness to the needs of others. Your “doing nothing” made it possible for me to do so many things easier and other things possible at all. So thank you!

The bill had broad bipartisan support, but faced opposition from conservative evangelicals and various businesses. Some parts of the ADA didn’t take effect immediately to allow entities time to comply.Small businesses have expressed concerns about how accommodating people with disabilities could impact their growth. Not as bad as all of the patrons watching people struggle to get into your establishment because you won’t provide accessibility. All of the family and friends that don’t go to that establishment because everyone wouldn’t be able to come. I know the adjustments have a big effect but probably not as much as not doing anything. Being accessible makes you seem caring and somewhere people love to be.

The 1999 U.S. Supreme Court case Olmstead v. L.C. helped enact significant positive change.

Spurred by a draft bill prepared by the National Council on Disability, an independent federal agency whose members were appointed by President Reagan, Senator Weicker and Representative Coelho introduced the first version of the ADA in April 1988 in Congress.

Disability Rights Timeline-
1964: Civil Rights Act Bypasses Persons with Disabilities
1972: Rehabilitation Act – Congress Passes, Nixon Vetos
1973: Rehabilitation Act Regulations in Section 504 are written, but not implemented
1977: Sit ins at Federal Offices of Health, Education & Welfare and protests across America
1977: Regulations from 504 are signed and implemented as a result of sit ins & protests
1990: ADA Signed by George H.W. Bush
2008: ADA Amendments Act (ADAA)

The regulations for Section 504 of the Rehabilitation Act of 1973 were written but not implemented. In 1977, the disability rights community was tired of waiting, and demanded that President Carter sign the regulations. Instead, a task force was appointed to review them. Afraid that the review would weaken the protections of the Act, the American Coalition of Citizens with Disabilities insisted they be enacted as written by 5 April 1977, or the coalition would take action. When the date arrived and the regulations remained unsigned, people across the country protested by sitting-in at federal offices of Health, Education, and Welfare (the agency responsible for the review). In San Francisco, the sit-in at the Federal Building lasted until April 28, when the regulations were finally signed, unchanged. This was, according to organizer Kitty Cone, the first time that “disability really was looked at as an issue of civil rights rather than an issue of charity and rehabilitation at best, pity at worst.”

Section 504 of the Rehabilitation Act was the first federal civil rights law for people with disabilities, prohibiting discrimination in federally funded programs and activities.
Despite being passed in 1973, Section 504 lacked enforcement regulations for four years, leading to the protests.

The sit-ins received support from various groups, including the Black Panther Party, which provided food and supplies to the protesters in San Francisco.

While the San Francisco sit-in was the most notable, protests and sit-ins also occurred in other cities like New York, Washington D.C., Atlanta, Boston, and Chicago.

The 504 sit-ins are considered a pivotal moment in the disability rights movement and paved the way for the Americans with Disabilities Act (ADA) of 1990.
The 504 sit-ins demonstrated the power of collective action and the importance of fighting for equal rights, leaving a lasting impact on disability rights and inclusion in the United States.

The sit in that took place in the San Francisco office of Health, Education & Welfare building became the longest demonstration in a federal building in the history of the US (28 days) with 150 people sitting in including several individuals who had attended Camp Jened.

The Capitol Crawl in Washington, D.C., occurred in 1990 as members of ADAPT pushed out of their wheelchairs and struggled up the steps of the United States Capitol. With this dramatic action they demonstrated the inaccessibility of one of the defining monuments of American equality and justice. With no access ramps, this public building was essentially closed to them, as were many other buildings.
These pictures always give me chills and bring me to tears. Think of the desperation they must’ve felt to do something so extremely difficult!

We owe everyone there a great debt that can never be repaid but can be paid forward. From the people pulling themselves up those steps, the people helping them, the journalists who documented it so it became national news, the people in government who paid attention…..
We owe them all so much! That’s one reason I like to go everywhere. Not to make sure stores are accommodating but I want others to see that it’ll be ok for them and their loved ones too. When I struggle with anything, it’s a love/hate situation. Of course I hate the hassle but I also like that it brings awareness to certain accommodations that are still needed. A formal complaint is a nuisance that people forget but a visual makes a lasting memory.

The ADA covers five titles:

Title I: Employment: Prohibits discrimination in employment and requires reasonable accommodations for qualified individuals with disabilities.

Title II: Public Services: Ensures accessibility of public transportation and other government services.

Title III: Public Accommodations: Requires places of public accommodation, like restaurants and stores, to be accessible.

Title IV: Telecommunications: Requires telephone and internet companies to provide services for individuals with hearing and speech disabilities.

Title V: Miscellaneous Provisions: Addresses other aspects of the law, including retaliation and attorney’s fees.

The ADA has significantly improved the lives of people with disabilities, but challenges remain in areas like employment, enforcement, and accessibility.

Imagine that you get sick or have a terrible accident that takes away your ability to function as usual. That is extremely difficult to adjust to. Then imagine that in that flash of time, you also have to come to terms with the fact that your rights are taken away like you’re some disposable, broken toy. Defective and unworthy. This isn’t a quick stab, that knife stays in and twists every time you are unable to get in somewhere because there’s no ramp, someone has to carry you up and down stairs, the doors aren’t big enough, you can’t fit down certain store aisles, family and friends houses are suddenly unable to accommodate you, you can’t participate in so many things, not being able to reach a million things, not having a bathroom available to you, people treating you like you don’t even exist or like you REALLY REALLY exist and they want everyone to know that….. Now imagine people telling you that you don’t deserve to have those rights anymore because you’re injured. You didn’t choose it but you’re punished anyway. Imagine how hurtful it is to hear people arguing against things that would make your life so much easier.

July is also disability pride month. I post the disability pride flag in my Facebook support groups and every year, there are one or two that yell at me and say how they are not proud to be disabled and how I shouldn’t be either. I try to explain that it’s not about being happy to be disabled, it’s pride in everything I have conquered and everything I have seen other people overcome when they could easily give up. It’s especially pride in all who participated in the disability movement in any way.

Here is the meaning of each color of the flag:

The Disability Pride Flag, designed by Ann Magill, features a charcoal gray background with five diagonal stripes: red, gold, white, blue, and green. Each color represents different types of disabilities: red for physical disabilities, gold for neurodivergence, white for invisible and undiagnosed disabilities, blue for psychiatric disabilities, and green for sensory disabilities. The diagonal band is meant to symbolize “cutting across” barriers that separate disabled people from society. The black background represents mourning for victims of ableist violence and abuse, as well as the rage and protest against the mistreatment of the disabled community.

Charcoal Gray Background:
A symbol of mourning for those lost to ableist violence, neglect, and eugenics, as well as a representation of rage and protest against ableist mistreatment.

Red Stripe:
Represents physical disabilities.

Gold Stripe:
Represents neurodivergence, including autism, ADHD, and other cognitive differences.

White Stripe:

Represents invisible and undiagnosed disabilities, meaning conditions that are not readily apparent to others.

Blue Stripe:
Represents psychiatric disabilities, encompassing mental health conditions like anxiety, depression, and bipolar disorder.

Green Stripe:
Represents sensory disabilities, including blindness, deafness, and other conditions affecting the senses.

But people are still on edge about the pending Medicaid cuts in the major tax and spending bill passed by Congress and signed into law by President trump. Referencing the tougher requirements for Medicaid eligibility.

Some may assume that people with disabilities are a small percentage of the community but there are so many more than you see in everyday life. Most are often stuck at home because, even though the ADA is wonderful, we still have so far to go.

I think it’s so important for people to know these historic events and how much work was already done. How sitting around, doing nothing, can make us slide back into complacency. Please don’t let their suffering be for nothing. Think of the young children trying to navigate this world. You have the power to make the future easier for them.

Speak up! Everyone has the right to talk to their legislators. There’s nothing like helping a person with a disability see that they can have their own voice. You can open a door to someone else that they never knew was there.