From: Julie Dawson
Subject: Equality of Opportunity -- HISTORY.TXT (fwd)
Senate instructions concerning both food handling and
congressional coverage and submitted their report that same day.
Later that afternoon, the House of Representatives met to
consider the second version of the conference report. Once
again, they first had to accept a rule structuring debate. But
this time there was little dispute: 86 percent of members voted
in favor of the closed rule. Afterward, Congressman Hoyer
congratulated the House for its bipartisan collaboration. The
deliberative process, he said, had perfected the ADA and made
it an excellent piece of legislation. All House members, he
said, should be proud to say that they had played a part in the
Congress that extended to Americans with disabilities the
welcome sign . . . to come into our society, . . . to have the
ability to work and support themselves and their families, . . .
to ride on our transportation systems, . . . to come into our
stores, and our banks, and our doctors offices, and fully avail
themselves of the opportunities of American society.
The only real issue left for House consideration was the
Chapman amendment. Many members argued that the Hatch amendment
did not adequately fulfill the purpose of the Chapman amendment:
persons with AIDS would still be able to hold food handling
positions. Accordingly, Congressman William E. Dannemeyer (R-CA)
submitted a motion to recommit the conference report back to
conference yet again, with instructions that House conferees
insist that the Chapman amendment be accepted. This time,
however, there were not enough votes in the House. The vote
split along party lines, with 77 percent of Democrats opposing
the amendment and 75 percent of Republicans supporting it. But,
overall, 55 percent of the House voted to reject adding the
language of the Chapman amendment. The House immediately voted
on the entire bill that evening, and members passed the ADA, for
the final time, with near unanimity. More than 90 percent of the
members voted in favor of the ADA.
Although many in the disability community hoped that the
Senate could take its final vote that night, the Senate waited
until the following day, July 13. It was an emotional occasion.
Similar to Congressman Hoyer, Senator Harkin praised his fellow
senators for the spirit of bipartisan collaboration that produced
a bill with a broad base of support. And he was especially
complimen tary of the disability community. It may be raining
outside, he said, but this is truly a day of sunshine for all
Americans with disabilities. Harkin wanted to communicate
directly with his brother, who taught Harkin, at a very early
age, that people with disabilities could do anything that they
set their minds to do and that people should be judged on the
basis of their abilities . . . not on the basis of their
disabilities. Accordingly, Harkin signed to his brother that
this was the proudest day of his sixteen-year career in
Congress the ADA opened doors to all Americans with disabilities
and promoted an end to fear, ignorance, and prejudice.
The floor deliberations brought Senator Hatch to tears. He
remarked how senseless discrimination, intended or not, had
subjected persons with disabilities to isolation and robbed
America of the minds, the spirit, and the dedication we need to
remain a competitive force in a worldwide economy. Hatch also
extended his appreciation to scores of people who contributed to
the ADA s passage. Many more senators followed in proclaiming
the virtues of the ADA and crediting various contributors.
When the Senate finally voted on the conference report, it
passed the ADA with margins almost identical to those in the
House: 93 percent of the senators voted in the affirmative. The
ADA had made it through Congress. The final step in making the
ADA public law was a signature from the President of the United
States, George Bush.
The White House Signing Ceremony
As early as May 1, 1990, President Bush told persons with
disabilities that there would be a proud bill-signing ceremony
for the Americans with Disabilities Act. Many in the disability
community hoped this meant a grand celebration of thousands of
people uniting to celebrate the American dream. Virginia
Thornburgh, for example, whose husband was the attorney general,
suggested that the White House sign the bill at the Lincoln
Memorial, where she proposed as many as 100,000 people could
attend. She hoped the ADA would be viewed as an initiative that
was good for all Americans and thus wanted persons with and
without disabilities to be welcome. She advised White House
staff that a celebratory platform should include members of
Congress from both parties, Cabinet members, and representatives
from major sectors of society. Such an event could attract the
attention of international media and promote the improvement of
the lives of persons with disabilities around the world.
Shortly after the Senate passed the ADA on July 13, however,
rumors spread that the Act would be signed in the White House s
East Room, which could seat no more than 220 people. Apparently,
White House staff feared that the summer heat might cause medical
problems for persons with disabilities if the ceremony was held
outdoors. But people from the disability community protested
when they heard the news. Congressional sponsors joined in
advocating a people s signing ceremony comparable to the
democratic principles of the ADA, where thousands could attend.
Finally, due to the efforts of such people as Virginia
Thornburgh, Boyden Gray, Justin Dart, and Evan J. Kemp, Jr., the
White House announced, on July 16, that it would hold a ceremony
on the South Lawn of the White House. The proposed time was
10:00 a.m. on July 26, 1990, rain or shine.
That left Bonnie Kilberg, Deputy Assistant to the President
from the Office of Public Liaison, just ten days to plan the
event and prepare an invitation list. To determine who should
attend the gala event, Kilberg worked predominantly with
colleague Shiree Sanchez; Phil Calkins, an executive with the
EEOC; Sharon Mistler; Evan Kemp; and disability advocates Justin
and Yoshiko Dart, who supplied thousands of names. In addition
to Washington-area supporters of the ADA, Kilberg included
hundreds of people with disabilities from around the country on
the list. By July 18, Kilberg had drafted an invitation. People
were to arrive at the White House gate at 9:00 a.m. for
admittance, with photo identification in hand. Seven airlines
and seven area hotels agreed to give visitors significant
discounts.
From ancient times to today we celebrate the breaking of the
chains holding your people in bondage. The ADA provides new
access to the Promised Land of work, play and service.
Reverend Harold Wilke Roughly 3,000 persons with and
without disabilities gathered on the White House South Lawn on
the morning of July 26. It was the largest signing ceremony ever
held by the White House. After the U.S. Marine Band played the
Battle Hymn of the Republic and The Stars and Stripes
Forever, President and Mrs. George Bush and Vice President Dan
Quayle walked to the stage to the tune of Hail to the Chief.
There they joined EEOC Chairman Evan Kemp, National Council on
Disability Chairwoman Sandra Parrino, disability rights advocate
Justin Dart, Reverend Harold H. Wilke, and two sign language
interpreters. Conspicuously absent from the platform were any of
the ADA leaders from Congress: among them Senators Harkin,
Kennedy, Weicker, Hatch, Durenberger, and Robert Dole (R-KS); and
Congressmen Tony Coelho (D-CA), Steny Hoyer, Norman Y. Mineta
(D-CA), Major R. Owens (D-NY), Steve Bartlett (R-TX), and
Hamilton Fish, Jr. (R-NY).
As suggested by Virginia Thornburgh, Reverend Wilke opened
with an invocation reputedly the first ever offered at a bill
signing ceremony. From ancient times to today we celebrate the
breaking of the chains holding your people in bondage, Wilke
prayed. The passage and signing of the Americans with
Disabilities Act was a new occasion for celebration, he said,
which provided new access to the Promised Land of work, play and
service.
After Reverend Wilke s interfaith prayer, Kemp introduced
the president. He praised the efforts of persons in Congress,
the Bush administration, and the disability community, who
worked tirelessly to develop this civil rights bill. Then he
pointed to President Bush, without whose steadfast support . . .
this bill would not have become law. He likened President Bush
to Abraham Lincoln for his foresight and introduced him as the
foremost member of the disability community.
Welcome to every one of you, out there in this splendid scene of
hope, began President Bush, as the crowd interrupted him with
applause for the first of 20 times. This is, indeed, an
incredible day, he said, especially for those who worked to pass
the ADA. In consideration of the vast numbers of participants,
Bush identified those who had personally helped him. He
mentioned Justin Dart, Boyden Gray, Evan Kemp, William Roper,
Sandra Parrino, and Robert Dole. Bush also praised the
contributions of disability organizations and the collective
efforts of 43 million Americans with disabilities, who have made
this happen. (See Appendix G for the complete text of Bush s
remarks.)
The ADA is the world s first declaration of equality for
persons with disabilities. Every man, woman and child with a
disability can now pass through once-closed doors into a bright
new era of equality, independence and freedom.
President George Bush President Bush likened the
signing of the Americans with Disabilities Act to Independence
Day, which had been celebrated just three weeks earlier. The ADA
was the world s first declara tion of equality for persons with
disabilities, he said. Because of it, every man, woman and
child with a disability can now pass through once-closed doors
into a bright new era of equality, independence and freedom. It
offered persons with disabilities the basic guarantees of
independ ence, freedom of choice, control of their lives, the
opportunity to blend fully and equally into the right mosaic of
the American mainstream. This was important, said Bush, because
if America was to be a truly prosperous nation, everyone within
it had to prosper. To those who expressed reservations about the
ADA, Bush emphasized that the Act was carefully crafted to
contain costs. He added that the ADA could help an swer
businesses request for additions to the working force. As an
alternative to spending $200 billion a year to keep persons with
disabil ities dependent on the government, Bush urged that people
give them the opportunity to move proudly into the economic
mainstream of Amer ican life.
President Bush concluded his remarks with an additional
analogy to an event not yet a year old: the fall of the Berlin
Wall. Signing the ADA represented taking a sledgehammer to
another wall, said Bush, one which has, for too many
generations, separated Americans from the freedom they could
glimpse, but not grasp. He rejoiced in the fall of this
barrier, affirming that we will not tolerate discrimination in
America. Finally, as he lifted his pen to sign the ADA to the
applause of those surrounding him, at 10:26 a.m., Bush
proclaimed: Let the shameful wall of exclusion finally come
tumbling down. With his signature, the long-fought battle to
make the ADA public law reached its climax.
President Bush signed four copies of the ADA, each with a
different pen. He gave three of the pens to Dart, Kemp, and
Parrino, saving the fourth for Attorney General Thornburgh. He
then took a fifth pen from his pocket to present to Reverend
Wilke, who, because he had no arms, promptly and deftly accepted
the pen with his foot.
As members of Congress, the Bush administration, the
disability community, and others in the audience shouted,
cheered, smiled, cried, and embraced, President Bush, the First
Lady, and Vice President Quayle worked through the crowd to
regain entrance to the White House. About a half an hour later,
people moved across the street to Ellipse Park for a colossal
picnic of fried chicken and soda. Music played in the
background. For dessert, people found cakes adorned with the
faces of President Bush, Senator Harkin, and Congressman Hoyer.
Dozens of advocates in and out of government presented remarks
from a makeshift platform. Media swarmed the grounds for
interviews and photographs. Later in the afternoon, as the
temperature reached 92 degrees, the crowd dispersed. At 5:00
p.m., however, hundreds gathered for an additional celebration in
the Hart Senate Office Building sponsored by Justin and Yoshiko
Dart, where wine and a seafood buffet were served. There were
more hugs, more kisses, and more speeches. They had much to be
proud of. The battle, finally, was won.
Epilogue
The Americans with Disabilities Act of 1990, as so many people
have said, was truly landmark legislation. It promoted an
America in which all persons have the right to participate as
valuable citizens. In the areas of employment, public services,
public accommodations, and telecommunications, the ADA took steps
to break down barriers that stood in the way of persons with
disabilities and prevented them from reaping the benefits of our
society and offering their own contributions.
The ADA stands on the legal foundation of the twin
pillars : the Civil Rights Act of 1964 and the Rehabilitation Act
of 1973.It should be clear that the ADA is not the starting point
of United States disability policy. The ADA stands on the legal
foundation of the twin pillars : the Civil Rights Act of 1964
and the Rehabilitation Act of 1973. The former provided the
philosophical foundation, the general principle of
nondiscrimination. The latter offered a framework for applying
nondiscrimination to persons with disabilities. These two
legislative initiatives represent two streams of policy: civil
rights and disability rights. With respect to each, elements of
the ADA represent a portion of a continuum as well as a unique
departure.
The ADA is similar to other civil rights laws in that it
provides the same basic protections. Making employment decisions
according to circumstances that do not have a bearing on actual
performance is simply wrong. All individuals must have an equal
opportunity to partake of such social services as public
transportation. No one should be denied access to places of
public accommodation. All must be able to share in our nation s
communication system.
Applying these principles to persons with disabilities,
however, required unique attention. By the end of the 1980s,
state and federal laws had established a central principle of the
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