COVER STORY: ADA Today The Disability Rights Movement —The ADA Today Karen Knabel Jackson navigates Washington DC’s Metro. by Katherine Shaw ADA legislation brought f you’re over 30, you probably amazing changes to the landscape—expected, understood, remember a time in the and fostering independence, access not-too-distant past when a nation, but more needs and self-suffi ciency for people curb cut was unusual, there to be done to level the with a wide range of disabilities. were no beeping sounds at playing fi elds for citizens Icrosswalks on busy city street with disabilities. Yet, with all of these advances, corners, no Braille at ATM court decisions and inconsistent machines, no handicapped- policies have eroded the inten- accessible bathroom stalls at the airport, few if tion of the ADA, lessening protections for people any ramps anywhere, and automatic doors were with disabilities. As a result, the ADA Restoration common only in grocery stores. Act of 2007 (H.R. 3195/S. 1881) was introduced last year to restore and clarify the original intent Today, thanks in large part to the Americans with of the legislation. Hearings have been held in both Disabilities Act (ADA), which was signed into law the House and Senate and the bill is expected to in 1990, these things are part of our architectural pass in 2008. 20 Momentum • Fall.2008 Here’s how the ADA works or doesn’t work for some people with MS today. Creating a A no-win situation Pat had a successful career as a nursing home admin- istrator in the Chicago area. She was diagnosed with Movement: relapsing-remitting MS 15 years ago, but until very The First 18 Years of the ADA recently had no visible symptoms. Now, however, looking for a job has become a nightmarish and very by Richard Meneghello and Helen Russon predictable cycle. “I’ve had literally dozens of terrific phone interviews,” she explained, “but once I meet et the shameful wall of exclusion finally face-to-face and it’s noted that my gait is impaired, “ come tumbling down!” That’s what the interview is over in a matter of minutes.” former President George H.W. Bush proclaimed on July 26, 1990, when he The first time Pat was asked, “Why do you walk signed the Americans with Disabilities that way?” she sought legal counsel. She was told ActL (ADA) into law. This triumphant moment, that, by law, she was not required to respond. The shared with over 3,000 supporters on the South ADA provides protections against these kinds of Lawn of the White House, had been a long time questions. In practice this puts a job candidate in a coming. It was the result of people with disabilities difficult position. organizing, lobbying, demonstrating and even occasionally getting arrested. “If I don’t answer the question, it’s an immediate red continued on page 23 How our disability flag,” Pat related. “If I explain that the ADA doesn’t rights heroes did it. allow that kind of question, it’s clear I’m hiding something. There are no good options.” M M Pat has tried being completely open about her MS USEU during interviews. The results were concerns about JOSHUA ROBERTS ND M A the potential for extended absences and/or her run- Y ning up the employer’s insurance costs. Now 18 BRAR L LI months without employment, Pat is applying for A I T N SSDI benefits. She may not get them because she is, E ID in fact, able to work. RES P BUSH A little resistance, a little persuasion E G For John Bromell, pushing for ADA compliance had EOR a positive outcome. He petitioned the Missouri Bar G President George H.W. Bush (center) signs the Association for additional time to take his bar exam. Americans with Disabilities Act. Seated: Justin He was initially rejected, but “the ADA provided me Dart, chairman of the President’s Committee on with the leverage I needed,” he said. John sent the Employment of People with Disabilities (right) and committee letters from his physician documenting Evan Kemp, chairman, Equal Employment Oppor- his condition. He also sent excerpts from medical tunity Commission (left). Standing: the Reverend journals explaining how the bar exam environment Harold Wilke (left) and Sandra Swift Parrino, chair- continued next page person, National Council on Disability (right). nationalmssociety.org/magazine Momentum • Fall.2008 21 continued from page 21 Nevertheless, the Smithsonian staff wouldn’t budge. could impact his condition. As a result, accommoda- She was offered a manual wheelchair. Because her tions were made and John passed the exam. MS has compromised her arm strength, she was not able to operate it. Her husband, who had accom- A win-win situation panied her, pushed it, saving the day from total loss A few years later, John ran into another compliance even though Sharon much prefers the eye-level view issue. He and a friend decided to go to the movies, provided by her Segway. But fundamentally, the but as it turned out, the movie they wanted to see was compromise felt all wrong. on the second level of the multiplex and there was no ramp and no elevator. John noticed that certain movie “When I got home, I decided to make a few phone titles were tagged Not Wheelchair Accessible on the calls,” Sharon recalled. She contacted the Depart- lobby bulletin boards. “This isn’t possible! It’s like not ment of Justice. Results came in time: a letter of allowing African Americans,” he told the box office apology from the Smithsonian. The letter explained employee. The manager was called, who eventually that the Segway is allowed—and has been since connected John to the chain’s corporate vice president. 2005. It also explained that the museum was in the process of reiterating this policy to “I didn’t want to be overly staff, and would add it to the training litigious, or have the theatre for all new employees. incur a lot of expense for retrofits. I just wanted to Walking a mile in someone else’s be sure everyone could see … wheelchair every film,” John recalled. The Dallas Chapter of the American The result was a win-win. Institute of Architects has held three The chain instituted a policy accessibility awareness workshops, where all films shown on the providing their members with the second level would be rotated opportunity to spend a day in a and shown on the first level wheelchair. The brainchild of Walter as well. continued on page 24 A nudge towards compliance Certainly ADA compliance is linked to training and education—and to persuasion and protest. This was the case for Sharon, who visited the Smith- sonian Institute in Washington, DC, from her home in Pennsylvania. As she entered the museum on her Segway she was told that she would not be allowed to bring it inside. “Because the Segway is relatively new, I’m careful to attach my handicap placard so it’s not JOSHUA ROBERTS confused with a recreational vehicle,” More adaptations that keep Karen on the move include Sharon said. automatic push-button doors and extra-wide turnstiles. 22 Momentum • Fall.2008 Ed Roberts, “The Father of Independent arrangements for him to live in a wing of the uni- Y Living” versity hospital. Other students with disabilities H P RA soon joined him and they formed a tight-knit group G known as “the Rolling Quads.” Soon the group HOTO P evolved into a support network for many other S N A G students with disabilities. When Roberts graduated, A he expanded the effort and organized the nation’s lydi first Center for Independent Living. Today there are continued from page 21 over 400 Independent Living Centers in the United In his book, No Pity: People with Disabilities States, run by and for people with disabilities. Forging a New Civil Rights Movement, Joseph P. Shapiro describes a scene the National MS Society Section 504: The 25-day sit-in faced in 1988: The recipient of our “Man of the The Bay area was the site of other noteworthy events Year” award was essentially marooned. He could not in the movement. One of the most dramatic was a travel in his wheelchair across the street to the hotel 25-day sit-in at the San Francisco Office of HEW where he was to receive the award because there were (the now-defunct Department of Health, Education no curb cuts. Ultimately, the Society had to rent a and Welfare). van with a hydraulic lift to help the honoree simply get to the other side of the street. In 1973, Congress passed Sec. 504 of the Reha- bilitation Act. This law, a progenitor of the ADA, Unlike other minority groups, anyone can enter the prohibits entities that receive federal funds from ranks of the disabled in an instant. And the longer we discriminating based on disability. But after the law live, the more likely we are to do so. The latest esti- was passed, the Carter administration delayed and mates put the number of Americans with disabilities at attempted to weaken the regulations necessary for approximately 54 million, or some 20% of our popu- the legal protections to take effect. lation. But unlike many other minorities, members of this group are often hard to see. Disabilities may be The disability community resorted to a common invisible or may keep people out of public view. tool of the time: they organized sit-ins at HEW offices throughout the country. Most demonstrators People with disabilities had to create a civil rights left after a few hours or days, but those occupying movement in order to achieve visibility and legal the San Francisco office stayed for an astonishing 25 standing.