DemDaily: In Defense of the Disabled
July 26, 2024
The civil rights movement has had many faces throughout history, but among the lesser-known soldiers are Americans with disabilities.
It was not until July 26, 1990, that the first comprehensive civil rights act for people with disabilities, the Americans With Disabilities Act (ADA), was passed into law.
Thirty-four years later, there are more than 70 million Americans who live with disabilities, 17.7 million of whom reported voting in the November 2020 elections.
| The Americans With Disabilities Act (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation. |
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Over "three decades ago, protesters with disabilities converged on the nation's capital to fight for one of the most important civil rights laws in our history - the Americans with Disabilities Act ... these brave protesters ascended the 83 steps of the United States Capitol - some even crawling to get to the top - so they could send a message to their representatives: no American should ever face discrimination based on their disability status." -- former Congressman Tony Coelho (D-CA), ADA Sponsor and former Chair, DNC Disability Council.
The goal was to provide disabled Americans the same protections afforded under the Civil Rights Act of 1964; which made discrimination based on race, religion, sex, national origin, and other characteristics illegal.
Disabled rights activists Patrisha Wright and Justin Dart Jr. led the lobbying efforts to pass the ADA, which was introduced by Coelho in the House, Senator Tom Harkin in the Senate, and signed into law by President George H.W. Bush on July 26, 1990.
| The ADA, as revised in 2008, defines a person with a disability as "a person who has a physical or mental impairment that substantially limits one or more major life activity. This includes people who have a record of such an impairment, even if they do not currently have a disability. It also includes individuals who do not have a disability but are regarded as having a disability." |
Rolling Back Rights for the Disabled
Disregard for the disabled under the Trump administration was well documented. In a November 2015 campaign speech, President Trump infamously mocked a disabled reporter who has arthrogryposis, a condition that limits joint function.
In December 2017, Attorney General Jeff Sessions rescinded ten disability rights guidances that the Justice Department found "unnecessary," including protections against workplace discrimination and standards for service animals and building accessibility.
The same year, Education Secretary Betsy Devos rescinded 70+ guidelines that protected disabled students, and Housing and Urban Development Secretary Ben Carson scaled back fair housing laws that resulted in the delay or dismissal of discrimination cases by disabled groups. In 2019, Trump tried to defund the Special Olympics but reversed his decision after severe pushback from supporters.
In his final year, Trump proposed eliminating funding under the Autism CARES Act, as well as sweeping changes to the Social Security Disability Insurance program that would redefine the workweek and lead to fewer disability benefit awards.
| In October 2019, the US Supreme Court rejected an appeal from Domino's Pizza and let stand a US Ninth Circuit Court of Appeals ruling which held that the Americans With Disabilities Act protects access not to just brick-and-mortar public accommodations, but also to the websites and apps of businesses. |
Restoring Rights Under Biden-Harris
Under the Biden-Harris Administration, Americans with disabilities have seen historic increases in employment and earnings, while the Administration has taken significant steps to protect civil rights and promote full participation in society.
Biden, who as a US Senator co-sponsored the 1990 ADA legislation, said, "For our nation, the ADA is more than a law as well, it's a testament to our character as a people, our character as Americans."
From day one of the administration, the White House took aggressive steps to both restore rights eliminated under Trump and considerably expand benefits and protections for the disabled.
Among Biden's first Executive Orders (EO) was Advancing Racial Equity and Support for Underserved Communities, which expands the federal government's approach to advancing equity for all, including persons with disabilities.
From ensuring workers are protected by ending unjust employment practices and helping State and local governments, businesses and nonprofits access Federal funds to hire more disabled Americans to millions in funding, research and expanded benefits through the Inflation Reduction Act and The American Rescue Plan, the Biden Administration has made unprecedented advancements on behalf of disabled Americans.
The Bipartisan Infrastructure Law makes the biggest investment in our history — $1.75 billion — to make transit and rail stations more accessible, while $5 billion was allocated to add wheelchair ramps and accessible restrooms at airports and other locations.
| The Democratic National Convention Committee today, on the 34th anniversary of the ADA, announced several new accessibility milestones, including the construction of the first ADA-compliant ramp in Democratic National Convention history that provides direct access to the convention floor.
Designated accessible parking, Wheelchair-accessible entrances, accessible restrooms and dedicated spaces at the United Center and McCormick Place for individuals with disabilities are just a few of the accommodations made as a part of Democrats’ commitment to making this convention the most accessible in history. |
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Sources: New York Times, NBC, The Guardian, CBS, White House, ADA.gov
