Massachusetts changed the words. Now it must defend the rights.

Celebrating 36 Years of the ADA: Its History and Progress, and What We Can Improve

 

As we celebrate the 36^th anniversary of the Americans with Disabilities Act, we’re reviewing some of the history on how it came to be, its progress since inception, and issues we should pursue to further improve the lives of people with disabilities.

 

The Disability Rights Movement started in the 1960s, with activists like Judy Heumann and Ed Roberts. Heumann, who was quadriplegic, is considered the mother of the Disability Rights Movement. She began her advocacy by suing the New York City Board of Education for their refusal to give her a teaching license due to her use of a wheelchair. She won the case, becoming the first-ever teacher who used a wheelchair.

 

Ed Roberts, known as the father of the Independent Living Movement, was one of the top advocates for people with disabilities in 1962 when he became the first disabled individual to attend the University of California, Berkeley. In 1972, he established the first Center for Independent Living in Berkeley. Celebrating Ed Roberts Day: A Legacy of Inclusion and Empowerment – Northern Nevada Center for Independent Living

 

Initial civil rights legislation concerning people with disabilities came with the Rehabilitation Act of 1973. It included Section 504, requiring equal access and reasonable accommodations for federally funded programs, especially educational services; and Section 508, dictating accessibility of information technology.

 

In April of 1977, a group of people with disabilities in San Francisco staged a sit-in protest that called on elected officials to demand that accessibility and accommodations for people with disabilities become a priority. It was commonly called the 504 Sit-In, and Judy Heumann was among the many participants. Disability History: The 1977 504 Sit-In - Disability Rights Florida

 

More progress for disability rights came in 1975 with the Individuals with Disabilities Education Act (IDEA), previously known as the Education For All Handicapped Children Act, which ensured that children with disabilities were provided opportunities to receive public educational services.
History of Disability Rights | Transitions

 

In April of 1988, Senators Lowell Weicker and Tom Harkin, along with  Representatives Tony Coelho and Silvio Conte, introduced the Americans with Disabilities Act. That September, there was a joint hearing about the ADA focusing on its proposed accommodations. Testimony from the disability community further expanded the Act’s support to many members of Congress.
ADA History - In Their Own Words: Part One | ACL Administration for Community Living

 

In May of 1989, Senators Tom Harkin and David Durenberger re-introduced the ADA, with a revision based on the 1988 draft proposed by the National Council on Disability. The ADA passed the Senate on September 7, 1989 by a vote of 76 to eight. National Council on Disability | National Council on Disability recognizes history, journey drafting the ADA

 

Senator Tom Harkin, who was the chief sponsor of the ADA in the Senate, grew up with an older brother who was deaf, having lost his hearing at age seven due to spinal meningitis. Senator Harkin spent much of his childhood learning sign language in order to communicate with his older brother, marking his career as a stalwart advocate for people with disabilities.

 

The ADA bill had stalled in the House and was trapped in legislative limbo, despite the unequivocal support of President George H. W. Bush. On March 12, 1990, dozens of disability rights advocates participated in the “Capitol Crawl,” a protest in which many people with disabilities abandoned their wheelchairs and mobility aids and crawled up the 83 stone steps of the United States Capitol.  Their action defined the trajectory of the Americans with Disabilities Act; it demanded that Congress pass the ADA. The Iconic Civil Rights Protest You Don't Know | American Experience | Official Site | PBS

 

On July 13, 1990, Senator Harkin delivered part of his speech on the floor of the United States Senate in American Sign Language, the first time any speech was delivered in ASL in the halls of Congress, the very day the ADA passed with a final vote in the Senate.

 

Senator Harkin introduced the ADA in tandem with the Individuals with Disabilities Education Act. It was expanded to reflect individuals’ educational needs rather than their disability. Hearkening to Harkin: The Historical Presentation of the ADA  – Deaf Services Unlimited

 

President Bush signed the ADA into law on July 26, 1990, furthering the rights of individuals with disabilities to obtain access to employment, housing, transportation, and education.

 

The ADA has faced constitutional challenges since its passage, including the Supreme Court cases Olmstead v. L.C. and Sutton v. United Airlines, both decided in 1999. The Sutton case ruled that disability could be evaluated with mitigating measures. It ruled that twin sisters with myopia were not protected under the ADA because myopia could be corrected with eyeglasses; it excluded individuals with controllable protections such as epilepsy or diabetes. The Olmstead case recognized that institutionalization of people with disabilities was illegal discrimination.

 

In 2008, the ADA was amended to expand more protections for people with disabilities. It overturned the standard that was decided in the Sutton case allowing companies to deny accommodations for people with disabilities based on mitigating measures. The amendments included broadening the interpretation of the term “disability,” and mandates that a person’s disability be determined without considering mitigation measures, thus ensuring that more workers would be eligible for protections.  President Bush signed the amendments into law on September 25, 2008.

 

36 years after the ADA was passed, it remains one of the most important pieces of legislation on disabilities. Much has changed since 1990, but there are still many hurdles facing people with disabilities when it comes to employment, digital access, housing, and social inclusion. Unemployment rates are disproportionately high, accessible and affordable housing remains elusive, and programs like Social Security and Medicaid hold multiple bureaucratic hurdles. These include strict eligibility requirements that keep millions in poverty. And on the federal level, legislators are implementing policies that would be detrimental to disability rights. More advocacy and progress is needed. 2026 Disability Advocacy: What We’re Watching & How to Help - The Arc

 

On the bright side, educational services are now much more accessible to people with disabilities, and with the rise of assistive technology, digital inclusion is increasing. Transportation has also improved, with many paratransit vehicles being modernized and expanded to further accommodate people with disabilities.

 

Teddy Gronostalski
Systems Change Advocate Assistant, Stavros CIL