The moral test of government is how that government treats those who are in the dawn of life, the children; those who are in the twilight of life, the elderly; and those who are in the shadows of life, the sick, the needy, and the handicapped.”—Hubert Humphrey

On July 26th, 1990, President George H.W. Bush signed into law the Americans With Disabilities Act (also known as the ADA), giving Americans with disabilities protections from discrimination, requiring employers to provide reasonable accommodations for employees with disabilities, and mandating that public accommodations be accessible. The signing of this act came after years of lobbying and advocacy by the disabled community for lawmakers to take action to provide protections from individuals that they were not afforded in the Civil Rights Act. The signing of this act is celebrated every year on July 26th as Disability Independence Day, giving people a chance to learn about what the law has done and what is still left to accomplish.

If you follow the history of disability rights in America, you will find that action typically came following drastic, public displays from advocates and from within the disability community. Relationships for advocacy began forming between the 1950s and 1970s with public displays coming more frequently in the 1970s[i]. The Rehabilitation Act of 1973 was passed after previously been vetoed twice in 1971 and 1972[ii]. However, between the passing of the Act and 1977, no regulations had been issued, and court rulings were contradictory. In response to the lack of action, the newly formed American Coalition of Citizens with Disabilities (ACCD) started calling for sit-ins at the United States Department of Health, Education, and Welfare (HEW) offices nationally[iii].

On April 5, 1977, the ACCD sit-ins began in Atlanta, Boston, Chicago, Denver, Los Angeles, New York City, Philadelphia, San Francisco, Seattle, and Washington DC. The most well-known and successful sit-in occurred in San Francisco and lasted 25 days with around 150 people refusing to leave the building. The sit-in proved successful, and the regulations were signed on April 28, 1977. These regulations in Section 504 of the Rehabilitation Act prohibited recipients of federal aid from discriminating against people with disabilities. These regulations are considered a predecessor to the ADA.

The Gang of 19 also began using sit-ins throughout the 1970s and 1980s in response to the lack of accessible public transit[iv]. The Gang of 19 created ADAPT, originally known as Americans Disabled for Accessible Public Transit and later known as Americans Disabled Attendant Programs Today. ADAPT advocated for wheelchair-accessible public transportation. The most widely known protest came in 1978 when ADAPT threw themselves in front of buses and blocked the intersection of Colfax and Broadway in Denver for two days chanting “We will ride!”[v]. This protest led to a settlement between ADAPT and the transit service, and as part of that settlement, all 213 buses were retrofitted with wheelchair lifts.

While these protests and demonstrations brought forth awareness and changes to specific problems people with disabilities were facing, people with disabilities still struggled in many areas with inaccessibility. The ADA’s passage in 1990 established that people with disabilities could not be discriminated against because of their disability[vi]. Employers were no longer allowed to discriminate against someone who applies for a position or determine their employment status, training, or employment benefits based on their disability. All public entities were now required to accommodate people with disabilities by making all buildings and resources physically accessible. This included all state and federal buildings, public transit, and public housing. Public accommodations, such as grocery stores and hotels, were also mandated to comply with the ADA to ensure that Americans with disabilities had access to necessities and were able to fully participate in society.

While the ADA afforded many protections and rights to the disability community, more work was still to be done. In 1999, the Olmstead v L.C. decision by the United States Supreme Court was handed down affirming that under the ADA, Americans with disabilities had the right to choose to live in a community setting rather than an institutional setting and that unjustifiable institutionalization is a form of discrimination[vii]. In 2008, an amendment to the ADA was passed broadening the definition of disability, effectively covering and protecting more Americans with disabilities.

When you think of July, you think of the Fourth and our independence from England. But for many Americans, think of both the Fourth of July and the Twenty-sixth of July. Both celebrate the struggle and success of obtaining freedom from oppression. Celebrating Disability Independence Day can be as easy as sharing information about the day on your social media (using hashtag #ADA31 or #ThankstotheADA) or attending a local or online event being hosted within your community[viii]. If you are interested in how you can become more involved with people with disabilities, please contact Apelah for more information.

Resources:

- https://www.adaanniversary.org/

- https://supreme.justia.com/cases/federal/us/527/581/

- https://adapt.org/we-will-ride-the-gang-of-19/

- https://dredf.org/504-sit-in-20th-anniversary/short-history-of-the-504-sit-in/

- https://www.ada.gov/pubs/adastatute08.htm

- https://www.nytimes.com/2020/07/22/us/ada-disabilities-act-history.html

- https://www.westword.com/news/disability-protesters-gang-of-19-remembered-in-denver-10496346

- https://www.nytimes.com/2020/07/22/us/504-sit-in-disability-rights.html?action=click&module=RelatedLinks&pgtype=Article

[i] https://www.nytimes.com/2020/07/22/us/ada-disabilities-act-history.html

[ii] https://www.nytimes.com/2020/07/22/us/504-sit-in-disability-rights.html?action=click&module=RelatedLinks&pgtype=Article

[iii] https://dredf.org/504-sit-in-20th-anniversary/short-history-of-the-504-sit-in/