Latest / Living Loud and Proud: Disability Conversations / The Law That Changed America (And Bush's Life!): 35 Years of the ADA's Impact!
Transcript
- 0:00Welcome to the Living Loud and Proud podcast,
- 0:03brought to you by Disability Pride Pennsylvania.
- 0:08If you need a link to the transcript for this
- 0:11episode, please visit our accessible website
- 0:14at www .disabilitypridepa .org slash podcast.
- 0:23And now, here is your host. Hey, everyone. Welcome
- 0:29to Living Loud and Proud, the podcast that examines
- 0:32disability -related issues and stories. I'm your
- 0:35host, Phil Rosen. And I'm Ray Decker, Horton.
- 0:39We're so glad you're tuning in today because
- 0:41we've got a really significant topic to talk
- 0:45about today. So, Ray, today we're tackling the
- 0:49Americans with Disabilities Act, or the ADA.
- 0:53It was signed into law 35 years ago on July 26,
- 0:571990, and it fundamentally changed civil rights
- 1:00here in the U .S. Oh, absolutely. When you think
- 1:04about it, the ADA isn't just some piece of legislation
- 1:07that popped up overnight. It's the result of
- 1:11decades of incredibly hard work, passionate advocacy,
- 1:15and the unwavering belief that everyone deserves
- 1:18a fair shot. Yeah, it's a powerful story. Let's
- 1:23rewind a bit and really dig into how this all
- 1:26came to be. Hear directly from some of the people
- 1:29who fought for the ADA, and then look at the
- 1:32impact that it's had. Well, you know, before
- 1:35the ADA, life for people with disabilities was
- 1:38incredibly challenging. I mean, they faced so
- 1:40many barriers to a full life, whether getting
- 1:43a job, going to school. or even literally even
- 1:46entering a public building. I mean, discrimination
- 1:50was rampant, and its effects were absolutely
- 1:53devastating. Oh, totally. The disability rights
- 1:57movement really started picking up steam in the
- 2:001970s, drawing a lot of inspiration from the
- 2:03civil rights movement of the 1960s. These activists,
- 2:07many of whom had experienced that discrimination
- 2:09firsthand, began demanding equal rights and an
- 2:13end to all the societal roadblocks. The whole
- 2:16movement was really the foundation for what eventually
- 2:19became the ADA. And speaking of foundational
- 2:23figures, we have to talk about Justin Dart Jr.
- 2:27People often call him the father of the ADA.
- 2:30He was a wheelchair user himself due to polio,
- 2:33and he just crisscrossed the country tirelessly.
- 2:36I mean, he met with so many people with disabilities,
- 2:39heard their personal stories, and really rallied
- 2:42support for this federal law. Yeah, his passion
- 2:47was incredible. He truly believed disability
- 2:49is a natural part of the human experience and
- 2:52that society, not individuals, needed to adapt.
- 2:57Here's a statement he made reflecting on what
- 2:59the ADA truly meant after it was signed into
- 3:02law. The ADA is a landmark commandment of fundamental
- 3:07human morality. It is the world's first declaration
- 3:11of equality for people with disabilities by any
- 3:13nation. It will proclaim to America and to the
- 3:17world that people with disabilities are fully
- 3:20human, that paternalistic, discriminatory, segregationist
- 3:24attitudes are no longer acceptable, and that
- 3:28henceforth... People with disabilities must be
- 3:30accorded the same personal respect and same social
- 3:34and economic opportunities as other people. Powerful
- 3:38words from a man who advocated the moral imperative
- 3:41of the ADA. Oh, yeah, absolutely. I mean, that
- 3:44profound declaration of equality marked a huge
- 3:47shift in public perception and also human dignity.
- 3:52Now, getting the ADA through Congress was a challenging
- 3:57hill to climb. There was a lot of pushback from
- 4:00some folks who were worried about the costs and
- 4:03others who, frankly, don't grasp the widespread
- 4:06discrimination that people with disabilities
- 4:08face. Right. And let's be clear, the disability
- 4:12rights movement wasn't just about smooth lobbying
- 4:15behind the scenes. There were some incredibly
- 4:18powerful acts of direct action that really put
- 4:21the issues front and center for the public. Exactly.
- 4:27One of the most unforgettable moments was the
- 4:30Capitol crawl in March of 1990, as we discussed
- 4:34in season one of this podcast. For folks who
- 4:38might not know, over 60 disability rights activists
- 4:41literally left their mobility aids and crawled
- 4:44up the steps of the U .S. Capitol building. Oh,
- 4:47yeah. It was such a dramatic and clear way to
- 4:49show the world the physical barriers people with
- 4:53disabilities encountered every single day. I
- 4:56mean, it was a heartfelt. plea for accessibility.
- 4:59And it's a strong message that we're not going
- 5:04to be ignored. That kind of visible activism,
- 5:10combined with all the intense legislative work,
- 5:13really built the momentum needed to push the
- 5:16bill forward, despite the significant opposition.
- 5:18And speaking of opposition, this talk... Let's
- 5:22touch on that a bit. Okay, now, you know, critics
- 5:25often brought up concerns about the potential
- 5:29financial burden on businesses and local governments.
- 5:34Okay, now, you had many small business owners
- 5:37and business associations arguing that ramps,
- 5:41successful restrooms, and other accommodations
- 5:43would just be too expensive. I mean, possibly
- 5:46even leading to closure or job losses. Yeah,
- 5:51absolutely. And within Congress itself, even
- 5:54though it ultimately got a lot of bipartisan
- 5:56support, there were definitely members who were
- 5:59very vocal in their opposition or tried to water
- 6:02down the bill. For example, Representative Jim
- 6:05Chapman, a Democrat from Texas, introduced a
- 6:08really controversial amendment. This Chapman
- 6:12Amendment, as it was known, would have allowed
- 6:15employers to transfer workers with contagious
- 6:17diseases, including HIV. out of food handling
- 6:21jobs, even if there was zero medical reason to
- 6:25do so. Yeah, I mean, this was widely seen as
- 6:28a discriminatory attempt to target individuals
- 6:33with AIDS and was vigorously fought by disability
- 6:37rights and AIDS activists. Then you had Senator
- 6:42Jesse Helms, a Republican from North Carolina,
- 6:44who often expressed worries about the bill's
- 6:47broad scope and potential. federal overreach.
- 6:50While they weren't necessarily against helping
- 6:53people with disabilities, their main hang -up
- 6:56was often the economic impact and specific protections
- 7:00within the bill. Yeah, and there were also some
- 7:04who questioned how disability was defined, fearing
- 7:09it would open the floodgates to frivolous lawsuits.
- 7:12And some conservative groups and economists,
- 7:14like those associated with the Cato Institute,
- 7:17even published studies later on suggesting the
- 7:20ADA actually hurt employment rates for people
- 7:23with disabilities because the perceived costs
- 7:27made employers hesitant to hire. I'm going to
- 7:31go on record, though, and say I have a strong
- 7:33suspicion that many of these economists and think
- 7:35tanks allowed their biases to cloud their perspective
- 7:37regardless of the data. Remember, as Evan Kemp
- 7:41Jr. often pointed out, the ADA wasn't just a
- 7:44moral issue. It was smart business. Exactly.
- 7:49Evan Kemp Jr. was another crucial voice in this
- 7:52whole fight. He also used a wheelchair due to
- 7:55a neuromuscular disease and served as chairman
- 7:58of the Equal Employment Opportunity Commission,
- 8:00or EEOC, under President George H .W. Bush. He
- 8:05was a powerful advocate. often making clear that
- 8:08economic independence was central to true equality.
- 8:12And here's a compelling statement from Evan Kemp
- 8:14Jr. to the President's Committee on Employment
- 8:18of People with Disabilities, directly addressing
- 8:20the broader benefits of this rights -based approach.
- 8:25Okay, now, as the quote goes, yes, it will be
- 8:27good for business. It will be good for everybody.
- 8:31when people with disabilities are allowed to
- 8:33exercise their full potential as workers, citizens,
- 8:36and human beings. But that won't happen until
- 8:39we adopt a rights -bearing approach that makes
- 8:42it happen. Wow, that statement really connects
- 8:47the dots, doesn't it? It really shows how a fundamental
- 8:50rights approach isn't only morally just, but
- 8:54practical and economically beneficial. Yeah,
- 8:57I mean, yeah, definitely, absolutely. Kemp's
- 9:00argument directly addresses those economic critiques,
- 9:05demonstrating that the ADA was not just a social
- 9:08justice issue, but also a smart economic policy
- 9:12that could benefit everyone in the long run.
- 9:16Yeah, and the bipartisan support for the ADA
- 9:20was definitely key to its success. While the
- 9:24disability community had strong allies in both
- 9:26parties, the final push came from the White House.
- 9:30Oh, and what a moment that was. On July 26, 1990,
- 9:35President George H .W. Bush signed the Americans
- 9:38with Disabilities Act into law right there on
- 9:41the South Lawn of the White House. Thousands
- 9:44of disability advocates were there to witness
- 9:47it. It was incredibly emotional. Yeah, President
- 9:51Bush, known for wanting a kinder, gentler nation,
- 9:55really grasped the importance importance of the
- 10:00ADA historically. His words that day truly highlighted
- 10:04both the moral necessity and the sheer scope
- 10:07of this legislation. Here's a powerful excerpt
- 10:11from his speech at the signing ceremony. With
- 10:15today's signing of the landmark Americans for
- 10:18Disabilities Act, every man, woman, and child
- 10:21with a disability can now pass through once closed
- 10:25doors into a bright new era of equality, independence,
- 10:29and freedom. Together we must remove the physical
- 10:33barriers we have created and the social barriers
- 10:36that we have accepted. For ours will never be
- 10:41a truly prosperous nation until all within it
- 10:44prosper. I now lift my pen to sign this Americans
- 10:48with Disabilities Act and say let the shameful
- 10:51wall of exclusion finally come tumbling down.
- 10:57Yeah. See, that quote, iconic. I mean, it really
- 11:01captured the heart and promise of the ADA, encompassing
- 11:05equality, independence, and the idea that true
- 11:09national prosperity requires everyone's participation.
- 11:13It's even more powerful when you consider the
- 11:17international stage at the time, because what
- 11:20had just happened in November prior to the signing
- 11:23of this bill? Well, the world had literally watched
- 11:27the Berlin Wall crumble. This was a moment where
- 11:31America was breaking down its walls for freedom,
- 11:35mirroring that immense global shift just eight
- 11:39months prior. Yeah, exactly. I mean, he was very
- 11:43much speaking in the spirit of that historical
- 11:45moment. His words emphasized that this act was
- 11:49about. Opening those once closed doors, creating
- 11:54a path to opportunity and understanding that
- 11:58had long been denied. It wasn't about charity.
- 12:00It was about establishing fundamental access
- 12:03and rights. That was huge. So the ADA is this
- 12:10super comprehensive piece of legislation broken
- 12:13down into several titles, each addressing different
- 12:16areas of life. For example, Title I. focuses
- 12:20on employment. It prohibits discrimination and
- 12:23requires employers to provide reasonable accommodations
- 12:27for qualified individuals with disabilities.
- 12:31Then you've got Title II, which is all about
- 12:35state and local government entities. It ensures
- 12:38access to public services and transportation.
- 12:41And Title III tackles public accommodations,
- 12:44places like restaurants, stores, and hotels,
- 12:48you know, etc., making sure they're accessible.
- 12:53And Title IV deals with telecommunications, ensuring
- 12:58access to phone and Internet services for disabled
- 13:01individuals. Right, right. And finally, Title
- 13:05V has a bunch of miscellaneous provisions. including
- 13:09things like protection against retaliation and
- 13:12attorney's fees. Yeah, the impact of the ADA
- 13:17has been absolutely massive. We've seen huge
- 13:21improvements in accessibility, everything from
- 13:23curb cuts and ramps to accessible restrooms and
- 13:26Braille signs in public spaces. Yeah, it's really
- 13:30opened up so many employment opportunities, you
- 13:33know, allowing more people with disabilities
- 13:34to share their incredible talents in the workforce.
- 13:39And it's fostered so much more inclusion in education,
- 13:43recreation and just in community life overall.
- 13:47But, you know, passing the ADA wasn't the finish
- 13:50line. It was really just the beginning. The work
- 13:54of enforcing the law, continued advocacy and
- 13:58how the courts interpreted all that keeps shaping
- 14:03its implementation, you know. Oh, totally. There
- 14:07still are definitely challenges and the fight
- 14:09for full inclusion is absolutely ongoing. But
- 14:13still, the ADA stands as this powerful testament
- 14:16to what we can achieve when we work together
- 14:18and the fundamental rights of every single person.
- 14:21And, you know, what's particularly poignant about
- 14:24the ADA's legacy is how its provisions even came
- 14:28to benefit President Bush himself later in life.
- 14:32Oh, yeah, that's a great point, Ray. In his later
- 14:36years, as President Bush started using a wheelchair
- 14:38due to Parkinson's, he personally experienced
- 14:41the benefits of this very accessibility features
- 14:44mandated by the law he signed, right? He reportedly
- 14:48even joked with his staff about how convenient
- 14:50those ramps and accessible sidewalks were, saying
- 14:53something like, those ramps and those sidewalks
- 14:56are very convenient. Who thought of putting those
- 14:58there? That's such a powerful full circle moment,
- 15:05really. It just drives home that the ADA wasn't
- 15:09just for one specific group, but for all Americans,
- 15:13truly. Because so many of us will experience
- 15:16some form of disability, permanent or temporary,
- 15:20as we get older. His own experience just underscored
- 15:24the universal benefit of a more accessible society.
- 15:27Yeah, and as we celebrate the 35th anniversary
- 15:30of the ADA, it's crucial to remember the individuals
- 15:33whose tireless efforts and unwavering spirit
- 15:37made this landmark legislation possible. Yeah,
- 15:42as we stated before, Justin Dart, Evan Kemp,
- 15:45President George Bush, and countless other advocates,
- 15:50lawmakers, and everyday citizens, particularly
- 15:53those who participated in the Capitol Crawl.
- 15:57played a role in dismantling barriers and building
- 16:00a more inclusive society, even in the face of
- 16:03strong opposition from some within Congress and
- 16:06various interest groups. Yeah, and the ADA reminds
- 16:09us that civil rights aren't static. They're constantly
- 16:13evolving. I mean, it challenges us to always
- 16:16question our assumptions, design our world with
- 16:20everyone in mind, and to strive for a society
- 16:24where every single person has the chance to truly
- 16:27thrive. Yeah, totally. I mean, it really shows
- 16:31that advocacy never ends. So, everyone, thanks
- 16:37for joining us on the Living Loud and Proud podcast
- 16:40today. And we really hope this deep dive into
- 16:45the Americans with Disabilities Act has given
- 16:48you a greater appreciation for its significance
- 16:50and the incredible journey that led to its passage.
- 16:55And if you enjoyed our show today, please share,
- 16:59like and subscribe. Join us next time as we explore
- 17:03another important disability related issue. Bye
- 17:08bye. Please visit our accessible website at www
- 17:12.disabilitypridepa .org. You can find us on social
- 17:18media at Disability Pride PA on Facebook, Instagram,
- 17:24and TikTok.