From: Julie Dawson
Subject: Equality of Opportunity -- HISTORY.TXT (fwd)
line, and word of the ADA countless times. The intense and
detailed deliberations, especially those in the House, served an
important function. Although businesses and other covered
entities were not entirely satisfied with the outcome, the
ability of the business and disability constituencies to work
together toward scores of compromises helped make a bill that can
achieve broad support, promote voluntary compliance, and avoid
subsequent amendments.
The ADA will proclaim to America and to the world that
people with disabilities are fully human; that paternalistic,
discriminatory, segregationist attitudes are no longer
acceptable.
Justin Dart Truly, the process by which the ADA
became public law stands as a model for the legislative process
and for cooperation between Congress and the White House. Neas
observed that it is an example others would do well to follow in
terms of bipartisanship, in terms of broad coalitions, in terms
of strategies, and media efforts, and grassroots efforts, as well
as the legislation lobbying effort. The ADA did not solve every
predicament facing people with disabil ities. But it took giant
steps forward, shattering the barriers of today and tomorrow, so
that the future may be shared by all. It is the world s first
declaration of equality for people with disabilities, said
Justin Dart. It will proclaim to America and to the world that
people with disabilities are fully human; that paternalistic,
discriminatory, segregationist attitudes are no longer
acceptable; and that henceforth people with disabilities must be
accorded the same personal respect and the same social and
economic opportuni ties as other people.
The dawn of a new day.
Beyond the ADA:
The Past is Prologue
The Future for Americans with Disabilities
ADA represents a significant accomplishment in the evolution of
society s views and treatment of people with disabilities. . . .
Nonetheless, ADA is but one node in a continuum of progress, and
it pales in relation to the extant overwhelming service and
survival needs of people with disabilities. Ultimately, the full
impact of ADA will be realized only after the majority of people
with disabilities gain access to certain basic services like
attendant care, readers, interpreters, transportation, housing
assistance, affordable health care, and medical and vocational
rehabilitation. Formless as liquid in a vacuum, the concept of
equality has little meaning for people who struggle to survive
without the resources necessary to meet fundamental human needs.
Lex Frieden
Looking to the Twenty-First Century
The United States has long been a champion of civil rights. It
is only natural that we are now in the forefront of efforts to
ensure equal opportunity for persons with disabilities, as
exemplified in the Americans with Disabilities Act. We have
begun shifting disability policy in America from exclusion to
inclusion; from dependence to independence; from paternalism to
empowerment.
But our work is far from finished. As we work to build an
accessible bridge to the twenty-first century, we cannot be
satisfied until all citizens with disabilities receive equal
treatment under the law whether in the workplace, in schools, in
places of public accommodation, in government, or in the courts.
Every American deserves a chance to participate in society. And
our nation needs every individual s contribution. For America
will succeed in the next century only by pooling all our
resources and capabilities. By working together we can ensure
that every individual and our nation have the opportunity to
succeed.
President William Jefferson Clinton
Glossary of Acronyms
ABA American Bus Association ACB American Council of the Blind ACCD American
Coalition of Citizens with Disabilities ACLU American Civil Liberties
Union ADA Americans with Disabilities Act ADAPT American Disabled for
Accessible
Public Transit (prior to 1990)
American Disabled for Attendant Programs Today (since 1990) AIDS Acquired
Immunodeficiency Syndrome APTA American Public Transit
Authority ARC Association
for Retarded Citizens ATBCB Architectural Barriers and Compliance Board CCD
(CCDD) Consortium for Citizens with Disabilities (formerly the
Consortium for Citizens with Developmental Disabilities) CDC Centers for
Disease
Control CORE Congress on Racial Equality DIA Disabled in
Action DIMENET Disabled
Individuals Movement for Equality Network DLRC Disability Law Resource
Center DOJ Department of Justice DRC Disability Rights
enter DREDF Disability
Rights Education and Defense Fund DVA Disabled Veterans of America EEOC Equal
Employment Opportunity Commission EFA Epilepsy Foundation of
America EPVA Eastern Paralyzed Veterans of America GSA General Services
Administration HAC Hearing Aid Compatibility Act HEW Department of Health,
Education and Welfare HHS Department of Health and Human Services HIV Human
Immunodeficiency Virus ICD International Center for the
Disabled INSPIRE Institute for Public Interest Representation LCCR Leadership
Conference on Civil Rights NAD National Association of the
eaf NADDC National
Association of Developmental Disabilities Councils NAPAS National Association
of
Protection and Advocacy Systems NCD (NCH) National Council on Disability
(formerly National Council on the
Handicapped) NCIL National Council on Independent Living NCLH National Center
for Law and the Handicapped NESS National Easter Seal Society NFB National
Federation of the Blind NFIB National Federation of Independent Business NIHR
(NIDRR) National Institute of Handicapped Research (now National
Institute for Disability and Rehabilitation Research) NMHA National Mental
Health Association NORA National Organization Responding to AIDS NPRM Notice
of
Proposed Rule Making NRA National Restaurant Association OBRA Omnibus Budget
and Reconciliation Act OCR Office of Civil Rights OMB Office of Management
and
Budget PCEH (PCEPD) President s Committee on Employment of the Handicapped
(now
President s Committee on Employment of People with
Disabilities) PDSP Physically
Disabled Student s Program PILCOP Public Interest Law Center of
Philadelphia PVA Paralyzed Veterans of America RSA Rehabilitation Services
Administration SHHH Self-Help for Hard of Hearing TAPT Tulsans for Accessible
Public Transportation TDD Telecommunication Device for the Deaf TIRR The
Institute for Rehabilitation Research UCPA United Cerebral Palsy
Association UMTA Urban Mass Transportation Administration USPHS United States
Public Health Service
Appendices
Appendix A
List of Interviews
Only those interviews for which proper authorization was obtained
have been listed here and used in writing this manuscript, though
many others were held. Some individuals important in the history
of the ADA were unavailable to participate in interviews.
I. Personal Interviews:
Bartlett, Steve March 10, 1997, by Jonathan Young. Batavia, Andrew November
,
1996, by Jonathan Young. Bristo, Marca January 6, 1994, by Gerben DeJong and
Ruth Brannon; February 20,
1997, by Jonathan Young; May 29, 1997, by Jonathan Young. Burgdorf,
Robert February 19, 1997, by Jonathan Young. Carr, Charlie March 14, 1997, by
Jonathan Young. Cherry, Jim November 13, 1996, by Jonathan Young. Coelho,
Tony November 22, 1996 and December 2, 1996, by Jonathan Young. Cuprill,
Maria April 28, 1997, by Jonathan Young. Dart, Justin August 18, 1993, by
Gerben
DeJong; January 31, 1997, by Jona than
Young. Decker, Curtis October 12, 1993, by Gerben DeJong and Karin
Behe. Disler,
Mark November 13, 1996, by Jonathan Young. Dornatt, Rochelle August 6, 1993,
by
Gerben DeJong; December 4, 1996, by Jona than
Young. Durenberger, Dave November 26, 1996, by Jonathan Young. Dusenbury,
Joe February 25, 1997, by Jonathan Young. Feldblum, Chai January 13, 1997 and
March 14, 1997, by Jonathan Young. Figueroa, Denise March 12, 1997, by
Jonathan
Young. Fiorito, Eunice May 30, 1997, by Jonathan Young. Frieden, Lex December
27, 1996 and December 28, 1996, by Jonathan Young. Fulco, Nancy Reed August
,
1993, by Ruth Brannon and Karin Behe. Funk, Robert February 3, 1997, by
Jonathan
Young. Golden, Marilyn February 24, 1997, by Jonathan Young. Gray, C.
Boyden October 23, 1996, by Jonathan Young and Gerben DeJong. Hearne,
Paul July
23, 1993, by Ruth Brannon and Karin Behe. Johnson, Mark March 7, 1997, by
Jonathan Young. Kailes, June March 14, 1997, by Jonathan Young. Kemp,
Evan December 16, 1996 and February 3, 1997, by Jonathan Young. Lechner,
Wendy November 4, 1993, by Gerben DeJong. Marchand, Paul October 26, 1993, by
Gerben DeJong, Ruth Brannon, and Karin Behe. Marge, Michael December 27,
996,
by Jonathan Young. Mayerson, Arlene October 13, 1993, by Gerben DeJong
and
Karin Behe; October 28,
1993, by Gerben DeJong, Ruth Brannon, and Karin Behe. Milbank,
Jeremiah November
1, 1993, by Ruth Brannon and Karin Behe. Muilenburg, Terry December 11, 1996,
by
Jonathan Young. Neas, Ralph December 10, 1993, by Gerben DeJong; January 21,
1994, by Ger ben
DeJong, Ruth Brannon, and Karin Behe. Osolinik, Carolyn June 1, 1994, by
Gerben
DeJong, Ruth Brannon, and Karin Behe;
November 25, 1996, by Jonathan Young. O Day, Bonnie February 20, 1997, by
Jonathan Young. Owens, Major April 29, 1997, by Jonathan Young. Reich,
Alan February 18, 1997, by Jonathan Young. Roper, William December 2, 1996,
y
Jonathan Young. Rubenfeld, Phyllis May 23, 1997, by Jonathan Young. Savage,
Liz July 30, 1993, by Ruth Brannon and Karin Behe; February 26, 1997,
by Jonathan Young. Schulman, Melissa July 9, 1993, by Gerben DeJong, Ruth
Brannon, and Karin Behe;
December 6, 1996, by Jonathan Young. Silverstein, Robert August 30, 1993, by
Gerben DeJong and Karin Behe; October 31,
1996, by Jonathan Young. Slagle, Roger December 2, 1996, by Jonathan
Young. Sykes, Roland March 5, 1997, by Jonathan Young. Thornburgh,
Richard October 22, 1996, by Jonathan Young. Thornburgh,
Virginia February 18, 1997, by Jonathan Young. Treanor, Richard November 27,
1996, by Jonathan Young. Vierra, Roxanne 1993, by Ruth Brannon. Weisman,
Jim November 16, 1993, by Gerben DeJong, Ruth Brannon, and Karin
Behe. West, Maureen November 11, 1996, by Jonathan Young. Wright,
at November
19, 1993, by Gerben DeJong, Ruth Brannon, and Karin
Behe; February 7, 1997, by Jonathan Young. Yale, Ken September 20, 1993, by
Gerben DeJong and Karin Behe.
II. Correspondence Interviews:
Bush, George Jonathan M. Young to President George Bush, February 3, 1997;
George Bush to Jonathan M. Young, February 26, 1997. Hatch, Orrin G. Jonathan
M.
Young to The Honorable Orrin G. Hatch, February 19,
1997; Orrin G. Hatch to Jonathan M. Young, February 24, 1997.
Appendix B
The Legal Road to the ADA
Civil Rights Act of 1964
Prohibited discrimination on the basis of race, national origin,
and religion. Important provisions: 1) access to places of
public accommodation; 2) nondiscrimination in employment
practices 3) desegregation of all public facilities; 4)
desegregation of public education; 5) nondiscrimination in all
federally-assisted programs. Represents the philosophical
foundation of the ADA.
Voting Rights Act of 1965
Provided for U.S. marshals to oversee state and local elections
to ensure voting access for blacks and other minorities.
Required that any change in state voting laws had to be cleared
by the U.S. government, shifting the burden of proof to potential
perpetrators of discrimination. Confirmed that Americans should
not be discriminated against in voting.
Fair Housing Act of 1968
Added Title VIII to the Civil Rights Act of 1964; prohibited
housing discrimination according to race, ethnicity, or religion.
Served as the basis for the Fair Housing Amendments Act of 1988.
Architectural Barriers Act of 1968
Required that most buildings designed, constructed, or altered
with federal funds had to be accessible to persons with
disabilities.
Urban Mass Transit Amendments Act of 1970
Required certain local jurisdictions to provide mass transit
facilities and services so that they could be used by elderly
persons or people with disabilities. Established a program of
grants and loans to assist state and local agencies in developing
accessible transportation.
Education Amendments of 1972
Added Title IX to the Education Act; provided that no person
shall be denied participation in, denied the benefits of, or
discriminated against in any education program or activity
receiving federal financial assistance. Modeled after Title VI
of the Civil Rights Act.
Rehabilitation Act of 1973
Re-authorized and expanded the vocational rehabilitation program
to include all persons with disabilities; provided for research
and training to improve vocational prospects for disabled
persons. Title V instituted affirmative action hiring policies
for federal agencies and parties contracting with the Federal
Government; created the Architectural and Transportation Barriers
Compliance Board (ATBCB). Section 504 prohibited discrimination
on the basis of handicap among entities receiving federal
financial assistance.
Education for all Handicapped Children Act of 1975 (now IDEA:
Individuals with Disabilities Education Act)
Required that states receiving federal financial assistance
provide all children with disabilities a free and appropriate
public education in the least restrictive setting possible.
Amendments added grant programs for developing comprehensive
services for infants and toddlers, research and demonstra tion
projects, dissemination of instructional materials, and
recruitment of special education personnel.
Developmental Disabilities Assistance and Bill of Rights Act of
1975
Responded to abusive and inadequate treatment for persons with
mental retardation residing in institutions; provided for the
coordination and funding of services for persons with long-term
disabilities; created a bill of rights for persons with
disabilities (unenforceable guidelines); implemented protection
and advocacy systems in states to promote the rights of persons
with developmental disabilities and provide legal services.
Section 504 Regulations, 1977
Implemented the single-sentence Section 504; defined handicap;
delineated actions prohibited as discriminatory; established
construction standards; and instituted educational policies.
Important not only for the detailed provisions but also for the
symbolic victory of the disability community that united to
protest delay in promulgation. Represents the content foundation
of the ADA.
Southeastern Community College v. Davis, 1979
First Section 504 case decided by the Supreme Court, assessing
the viability of the recently-issued regulations. Concerned a
hearing-impaired woman seeking admission to a nursing school.
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