DemDaily: In Defense of the Disabled
August 4, 2026
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-six years later, there are more than 70 million Americans who live with disabilities -- accounting for roughly one in four adults. Of those, an estimated 40.2 million are eligible to vote.
The Americans with Disabilities Act (ADA) prohibits discrimination against, and ensures equal opportunity for, persons with disabilities in employment and state and local government services. It requires accommodations and access to public transit, commercial facilities, and private places open to the public, as well as telecommunications and internet services for people with hearing and speech impairments.
History
The "Capitol Crawl": 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, ADA Sponsor and founding Chair, Democratic National Committee Disability Caucus.
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 in the House by Coelho (D-CA), and in the Senate by Tom Harkin (D-IA), and signed into law by President George H.W. Bush.
| The Americans with Disabilities Act (ADA) prohibits discrimination against, and ensures equal opportunity for, persons with disabilities in employment and state and local government services. It requires accommodations and access to public transit, commercial facilities, and private places open to the public, as well as telecommunications and internet services for people with hearing and speech impairments. |
Rolling Back Rights for the Disabled
Donald Trump's disregard for the disabled was clearly established when, during a 2015 campaign speech, he infamously mocked a reporter who has arthrogryposis, a condition that limits joint function.
In his first Administration (2017-2021), Trump methodically rolled back longstanding federal protections for the disabled. His Justice Department (DOJ) rescinded 10 disability rights guidances that it found "unnecessary," including protections against workplace discrimination.
Across the agencies, they rescinded 70+ guidelines that protected disabled students, scaled back fair housing laws that resulted in the dismissal of disabled discrimination cases, and attempted to eliminate funding under the Autism CARES Act and make sweeping changes to the Social Security Disability Insurance program. Trump even tried, unsuccessfully, to defund the Special Olympics.
| 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 ADA protects access not just to brick-and-mortar public accommodations, but also to online resources like websites and apps of businesses. |
Restoring Rights Under Biden-Harris
Under President Joe Biden (2021-2025), the White House took aggressive steps to restore rights eliminated under Trump while historically expanding benefits and protections for the disabled.
Those included ending unjust employment practices and helping state and local governments and businesses access federal funds to hire more disabled Americans, while providing millions in funding, research and grants through the Inflation Reduction Act and the American Rescue Plan.
The Bipartisan Infrastructure Law made the largest investment in history -- $1.75 billion -- to make transit and rail stations more accessible, while $5 billion went to add wheelchair ramps and accessible restrooms.
Trump's War on Disability
In his second term, Trump immediately implemented a government-wide overhaul and assault on benefits for the disabled. In its first 18 months, his administration rescinded civil rights protections and longstanding disability policy and legal precedents,
He eliminated all diversity, equity, inclusion, and accessibility (DEIA) programs, restricted education opportunities for disabled children, and made devastating budget cuts to key services -- including access to Medicaid.
In March 2025, the DOJ officially withdrew 11 ADA guidance documents from its public database, aimed at . "reducing federal regulatory burdens on businesses."
On June 18, in a shocking move, the DOJ's Office of Legal Counsel (OLC) issued an opinion clarifying that its long-standing guidance on enforcement of the ADA’s integration mandate and Olmstead v. L.C. is “not enforceable.”
| The US Supreme Court's 1999 ruling in Olmstead v. L.C. established that unjustified institutional segregation is illegal discrimination, and that individuals with mental disabilities must be offered services in the most integrated community setting possible. |
The OLC memo argues that federal law does not impose an "integration mandate" on states to provide home- and community-based alternatives to people with disabilities who require support -- giving states legal cover to reduce localized supports.
While it does not legally overturn or repeal Olmstead, the action provides a much narrower reinterpretation of the ADA, upending decades of civil-rights enforcement established under the ruling.
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Sources: New York Times, ADA.gov, Center for American Progress, CDC, The Arc, The Hill, NPR, White House, American Bar Association, LCCR, Disability Scoop, DNC
