Celebrating Our Victories as we Move Forward for More - Part 1
Posted December 11, 2012 at 7:00 pm
By Osiris Gomez, ContributorJuly 26, 2012 marked the 22nd anniversary of the passage of the Americans with Disabilities Act, (ADA). President George H.W. Bush signed the act into law in 1990, which proved to be one of the most far-reaching civil rights bills in the U.S. history. Understandably, it also marked a huge step in the long struggle for disability civil rights. Thanks to the bill, individuals with disabilities are more protected. To name a few of the provisions in the ADA, employers now face serious consequences for discriminating against qualified persons with disabilities in the labor market. It also prohibits discrimination in regards to the full and equal enjoyment of goods and services, such as education, access to stores, and transportation.
Since the passing of the bill into law, the world of disability has gained so much through subsequent ADA case law rulings. In Barden v. Sacramento (1999), the public street improvements by the City of Sacramento did not make sidewalks accessible to persons with disabilities. The court ruled that this was unlawful and accommodations were made, with many cities and municipalities around the nation following suit.
In what is now considered a landmark case, Lois Curtis and her friend Elaine Wilson were unnecessarily and unjustly segregated in a state hospital in Georgia when they could have lived in a more normal, integrated, community-based setting. They lived most of their adult life confined in state institutions, until Curtis and Wilson sued the state of Georgia in 1999 after repeated requests to be permitted to live in a community home. In the end, Olmstead v. L.C. ruled in favor of Curtis and Wilson, establishing that under the ADA, the institutional isolation of people with disabilities was a form of illegal discrimination. After moving into a community home, it was reported that Elaine said she felt loved and cared for where she lived. In the state institution, she “had felt like she was sitting in a little box with no way out.” Being outdoors and making Kool Aid were simple things that meant so much to both of them. Elaine decorated her own room, loved to organize picture albums, shopped, cooked, and attended family functions. Not to mention, she became increasingly independent—she was able to take full responsibility for her medical needs, an area in her life that institutional aids thought was problematic. Unfortunately Wilson passed away in 2004, but is dearly missed.
Lois Curtis has been living her life to the fullest ever since the case ended. Lois is now living in her own home, has reconnected with family and made new friends. She is a passionate civil rights activist for disability rights regarding institutionalization. “I want to tell everybody, so people can get out, she shared.” Traveling throughout the country, she serves as an inspirational speaker and is affiliated with ADAPT, a grassroots disability rights organization. Curtis received the Act of Courage Award from the Tubman African American Museum.
Not to mention, she is also a successful folk artist, and has had several art shows at several galleries across Georgia and the country. She even presented her artwork, a self-portrait titled “Girl in the Orange Dress,” to President Barack Obama at the White House in 2011!
The Olmstead decision has had an incredible impact on thousands of Americans with disabilities. One instance revolves around Doug. He is a 41-year old Virginia man with Down syndrome who has serious cognitive disabilities and requires assistance with most daily living activities. He lived at Southeastern Virginia Training Center for 20 years before moving into a group home. While using a wheelchair at SEVTC, he now walks all the time. He also doesn’t have to eat pureed meals anymore. He loves pancakes, chocolate cookies and burgers. His father, James, commented: “…the services being provided have exceeded my expectations by leaps and bounds, and Doug is happier and more active than I ever imagined was possible.”
At 47, Michele was struck by a drunk driver and became quadriplegic. After applying for community based services, she was told there were insufficient funds for those, and in order to get those she would have to move into a nursing home for an extended period. She sued the state of Florida under the ADA and Olmstead, and is now living at home with community-based services. “Olmstead allowed me to stay at home versus being forced to be institutionalized. To be able to remain in the community means all the difference in the world. It gives me the freedom to live as normal of a life as I possibly can after my life altering accident.”
Thousands of Americans like Doug and Michele have benefited from the Olmstead decision.
Though not a tangible legislative impact, ADA gave hope to a new generation of young people with disabilities. This new generation has high expectations, as they continue to break down barriers. For instance, a Yale Medical School student became the first to complete the Ivy League medical school program as a wheelchair user in 2000.
This is an excerpt from a piece written by Sierra Gregg, a brilliant Computer Science major and intern at the Office of Presidential Libraries:
“I was born visually impaired one year after the signing of the ADA. I have grown up in a world where my visual impairment is not a hindrance to my success, only a characteristic of who I am. The ADA has made it possible for me to get the help I need to work toward my academic and professional goals.”
Disability is getting its voice heard in Hollywood too. In my previous blog, I mentioned the activism of rising young actor RJ Mitte. He is currently trailblazing for disability rights in the entertainment industry as the passionate spokesperson for IAMPWD, the Screen Actors Guild’s campaign to fight casting discrimination in Hollywood.
Today, individuals with disabilities have more political visibility than ever.
But as we celebrate the wide-reaching effects of this great bill, we need to acknowledge that there is still a great deal of work to be done regarding disability policy. We can still track violations of equal employment opportunity laws. Disabled people everywhere say they still suffer discrimination and maltreatment. Stay tuned for the next article as to how we can change this!
References:
“Barden v. Sacramento.” http://www.dralegal.org/cases/public_entities/barden_v_sacramento.php.
“From the Archives: A Landmark Moment for Americans with Disabilities.” http://www.whitehouse.gov/blog/2012/07/26/archives-landmark-moment-americans-disabilities.
“Olmstead v LC and EW Landmark Case.” http://www.atlantalegalaid.org/impact.htm.
“Faces of Olmstead.” http://www.ada.gov/olmstead/faces_of_olmstead.htm.
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