Transcripts For CSPAN3 Americans With Disabilities Act 27th

CSPAN3 Americans With Disabilities Act 27th Anniversary August 20, 2017

Of the ada, past, present, and future. President George H W Bush signed the americans with disabilities act into law on july 26, 1990. That was 27 years ago. The ada was one of the First Federal civil rights laws, focused on protecting persons with disabilities and against discrimination and public accommodations and services and telecommunications. I am especially proud to hide the commissions role in the commission of that law. The disabilities focus and legislation in a 1983 report titled accommodating individual responsibilities. A former staff attorney with the commission of who was one of the primary authors of the report , described his job as statistics, social scientific, literature, legislation, legal commentary on the status of people with a disability in American Society and in the law. In conclusion of the report was society has tended to isolate and segregate people with disabilities and despite that progress discrimination , continues to be a serious and pervasive social problem. As i expect to hear in a few minutes, the council followed with a report that related to the americans with disabilities act in 1990. Before we hear from our speakers, i want to take a point of personal privilege to note how very grateful i am to those commissions, to congress, and to president george h. W. Bush for the gift that is the ada. My brother has cerebral palsy. We lived with the discrimination that before 27 years had no records. As much as as well federal compliance with the law is a , i share one story to celebrate why we are as a nation, so lucky. That is thanks to the ada. A handful of years ago, my brother was a teacher entered a contract to take an overseas teaching position. He prepared his life for an overseas move for a few years until the final skype meeting days before, he was to get on a plane for the new job, somebody witnessed my brothers disability, and quickly said to my brother, the company does not take disabilities of any kind, not get the job. In the u. S. , we couldve moved quickly to educate about the law and the students would have benefited from my brother. But the americans with was applied act here, not abroad. My brother moved on, and those kids learned from somebody else. I am lucky to live in a country with these laws. Thank you for all those present today who worked to make it a reality and work to make its promises real in the lives of americans. We are so grateful today to have with us two speakers who will bring with them their own history and the movement for disability rights. Our first speaker, john is a career federal government lawyer with more than four decades of experience across administrations, beginning with the Nixon Administration and continuously thereafter through 2011 when he left federal government. He served as the department of justice chief technical experts during the writing of the ada. Then chief author of the department of justice in 1991, and created the doj b o. J. s technical and in charge of the ada, overseeing the department of enforcement efforts. He was responsible for the first major revision of the apartments and thecluding the 2010 chief author of the First Federal regulation of title iv and 1973. I had the pleasure of enforcement for 3. 5 years and i thank you. As a member of the u. S. Delegation to the united nations, he assisted in that coverage in all rights of persons with disabilities and provided training and guidance , and continues to work on the international level, assisting countries with disability rights laws. In 2010, he was honored with the president ial distinguished rank award for Exceptional Achievement in his career. He received a ba from Trinity College and mba from harvard. And a jd from Georgetown University law school. Our second speaker, rebecca served as the executive director of the National Council on disability, which like our counsel, is an independent advisory on issues of National Disability policy. She joined the National Council in 2013 after serving for four years at various government agencies, including the department of education, and at the white house, where she oversaw diversity and inclusion methods. Currently, she is consulting with civil rights organizations. Rebecca has a long history of advocacy, including working at the institute for Educational Leadership for five years, building resources designed to empower and educate youth with disability is in their adult allies. In 2013, she was inducted into the inaugural class of the disability coliseum and recipient of the frank harkens memorial award. Rebecca has a ba in politics from the university of california, santa cruz. Before hearing from our turn to ourwant to chairman. Thank you, madam chair. Good morning. I had the pleasure with my special assistant of working with our great staff to organize this discussion. So, i would like to add my welcome to our very distinguished speakers today, and thank them as well as a chair for sharing your stories, as we celebrate the 27th anniversary of the passage of the americans with disability act. As well as the 60th anniversary of the establishment of the u. S. Commission on civil rights which is one of the reasons we started the series. I would like to thank mrs. Coakley for sharing her expertise with me and my special assistant over the past two years to make sure our Commission Hearing secluded the voices of people with disability is. Ies. When signing the americans with disabilities act, president George H W Bush said it would ensure people with disabilities are given the basic guarantees for which they have worked so long and so hard independence freedom of choice, control of their lives, the opportunity into the rich mosaic of the american mainstream. The National Council on disability, which ms. Coakley helped to lead played a pivotal role in formulating what would become of the ada and continues to ensure that americans with disability with disabilities have powerful voice. As of the chair mentioned, we are very proud of our commission in the formation of the ada and our report accommodating the spectrum of individual abilities that helped to lay the groundwork. We have sent issued several reports examining and recommending solutions for the continuing challenges that americans with disabilities phase. And currently, our staff is preparing an investigation for next year will examine the disproportional impact of School Discipline policies on students of color with disabilities. The organizing around this passage of the ada make it clear that the rights of persons with disabilities is a human no is a human and civil rights issue. One of the leaders who made that point very clear. The ada has greatly improved the lives of millions of americans , fostering public understanding of individuals with disabilities as allowing access to Public Services and demonstrated the and thence, positive impact that people would disabilities can make in our communities. It is the model for the convention on the rights of persons with disabilities, which sadly the u. S. Has yep has yet to ratify. It is important to learn from history to celebrate the progress we have made and recommit ourselves in sharing every person is able to pursue their dreams and fulfill their full potential. As the chair noted, america is an amazing country because we are willing to acknowledge where we fall short, i continue to strive to live up to our founding principles. That is why todays commemoration of the ada is important to all of us, and thank you. Thank you. We will start with you. Good morning. And thank you for inviting me to join you in the celebration of the ada. I am honored to be here with you all today. To give asked me historical perspective. Since i lived through much of this, i will try to do that in 15 to 20 minutes instead of two hours to three hours. I will start, let me start my perspective in the 1980s. We will start a little farther along. The consensus was developing that persons with a disabilities ,id not have the same federal civil rights protections that other people in the country had, that africanamericans had, that women had, that people of color, ethnic minorities, persons whose first language was something other than english, had protections that people with disabilities did not. Congress had enacted title five of the rehabilitation act of 1973, which included section 504. Beginning to be a recognition that it was only a good first start. The problems were that coverage was linked with the receipt of federal funds, so coverage may vary from year to year. A Fire Department would get a grant one year and would be covered and then no protection for nondiscrimination in the next year. Also, there were large parts of the american economy, especially the business community, they did not receive federal funds. So there was not total coverage sectiontion 500 04 and unfortunately, there had 504. Been really spotty enforcement of the law by both the federal includedt and groups, disability Rights Groups. As a result, even in the 1980s, the picture for people with disabilities was bleak. There were very few assessable buildings. We learned there were almost no accessible Public Restrooms in American Cities with little accessible housing. Employmentvery few opportunities, and we had a lot of people who were segregated institutions. Factors and trends were starting to change the public dynamic. I would like to focus on a couple of them. One of them was their change one of them was the change brought about by returning veterans from the war in vietnam. Because of advances in medical technology in the field, people, veterans with disabilities were returning who did not make it through earlier wars. These are people who came back to our country and had become disabled fighting for the country, and want willing to and were not willing to accept secondclass status of people with disabilities in the country. In one of the hearings, testimony from a gentleman from long island who was a vietnam vet, who was disabled. His Rehabilitation Program included swimming. Unfortunately, there were no pools ande pulls no designs to make them accessible in his area. Another factor and a very important one was the impact our laws on education had had including in 1960, congress enacted the educational of the handicapped act and now it is called idea. And it required a free appropriate Public Education in a mainstream environment for children with disabilities. The impact of that law in our society was profound. Because it brought about integration of children with disabilities with their nondisabled peers. But it also created a generation of students who were being educated. Some have high school diplomas. Some had certificates of completion. But they were already to enter American Society. And to continue their education, get jobs, and do the things their nondisabled peers were doing. Another trend that was happening , people with this abilities saw how womens groups and africanamericans had organized to achieve their rights, so they adopted the tools and models of these movements, whether it was organizing for social action and protest. Whether it was going to members of congress, or to the executive branch to present their cause, or using the media as a way to get their message out that they were there and they were facing discrimination. Factor that is important we had a series of laws that protect people with disabilities based on a different paradigm. Based on the idea that people with disabilities needed our help, so we had rehabilitation services, vocational education, and income support from social security. It was those series of loss, so we were used to using law to solve the problems of our society. But starting in 1958 was the architectural we started to enact some laws that dealt with a different paradigm that people would disabilities are individuals with rights, and that we had to pass laws that enforce these rights. We were not doing that because we were good, but we were doing it because humans had basic human rights. About in 1968, the first version of it. ,here were a series of laws title five of the rehabilitation act, which included affirmative action. The federal government established the access board, credit section 504. Created section 504. There was an act apply to airline travel. In 1980, we amended the Fair Housing Act to include this ability go provisions include this ability disability provisions. There was a civil rights restoration act in 1988 that expanded the reach of activity for the coverage of section 504. The Important Message was, people would go to congress and use law as a way to address their grievances. Another factor and important one was the work of the commission on civil rights and the national on this s. Ility doe benedict issued a report only on about the history of discrimination they had issued a report about the history of discrimination. We have the report accommodating the spectrum of individual disabilities from this commission. It really made clear that concept maker the concept that disabilities is a naturally occurring concept of the human condition. These reports really provided the basis for what would become the aba. There was another report that came about in 1988 that was interesting. It was a response to the epidemic. Done that hadt some 400 recommendations. But it had 10 chief recommendations, and one of them was, they needed to be a lot to protect people who are hivpositive. Needed to protect their rights and privacy, but also to stop discrimination against them. And report said, the civil rights bill shouldnt single out people who are hiv, but should be comprehensive and deal with all people with disabilities. Another thing in 1988, we had a president ial election. Here is one should not underestimate the power of a promise made in a campaign. You may remember in 1980, Vice President george h. W. Bush was running for president. He was attempting to establish his own credentials and to separate himself from being Vice President for eight years under president reagan. He had a long history of working people with disabilities during the time of his vice presidency. At the beginning of the reagan administration, there was an attempt to look at federal regulation come and see it was burdensome, and review it. There was a task force on regulatory relief and reagan asked bush to chair it. At the time, there was an attempt to get rid of the section 504, and get rid of laws and education. So, that brought Vice President bush and his Legal Counsel into contact with the Disability Community. Over that time, i was involved in the process of issuing section 504 regulations, both for federally assisted programs. We became involved in a negotiation between Vice President bush, the Disability Community, and the department of justice. A created a working relationship that made Vice President bush comfortable enough when you was running for president to say that he wanted to issue a law. That came that Campaign Promise became important to him. The most important factor is that this ability if the Disability Community themselves. They were well organized in the 1980s. They were organized a bistate. Justin was a leader at the time it went into every state in the country and work with people with disabilities and to have them develop what he called, divers and to skim and eight and. Wrote down what discrimination they faced. When the ada was being considered, justin brought these diaries and presented them to congress. Of so, congress had a sense what the nature of discrimination is on a state level, at a very personal level with people at disabilities. It led it let Congress Know that discrimination was widespread. Organizationof the i would like to give a shout out to, is pam, the leader of the Disability Community, and became known as the general, title she loved. A title she loved. What was important about that movement is that it was a cross disability movement. Groups banded together. Scope the cohesiveness was essential in getting the ada passed. At one point during the ada process, there was an amendment to strike people who are hiv positive from the bill. The Restaurant Industry was trying to get that done. And that this ability and the disability groups banded together and said, you cannot pick us apart. We will stand together and the letterill cover those hiv will cover those that are hivpositive, or we will not support the bill. I was involved with the meaning with the congressman with them Disability Community, representing the white house, and the covers many expressed doubts about some future of the bill. By that afternoon, peta had gotten flooded with calls from his district from disability please dont have that view, was demonstrated the and thetional muscle need for legislation and his own state. The last thing that i will mention is economics. Congress was aware of two things. The cost in the federal budget for income support with people with disabilities, and the waste of Natural Resources of people with disabilities. We are not being educated or part of the economy. Why spend days of dollars to keep people unemployed . Support, youcome could not work. Many of the people who got income support wanted to work. This was a disconnect. The legislation was viewed as something that would benefit the , having themt become taxpaying citizens. In the long run, it would improve the nations gnp and help the federal budget. I would li

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