July 26 marks a significant date in our country's history. Twenty years ago, the Americans with Disabilities Act (ADA) was signed into law. This landmark civil rights legislation established a clear and comprehensive prohibition of discrimination on the basis of disability. It allowed for equal access to public accommodations, education and employment, transportation, state and local government services and telecommunications. When President George H.W. Bush signed the ADA into law, he declared, "Let the shameful wall of exclusion finally come tumbling down."
Since then, much progress has been made to eradicate the segregation of people with disabilities and to make the dream of access a reality. It is no longer unusual to see people with disabilities dining at restaurants, working in the office, participating in town hall meetings, shopping at malls, watching a movie or cheering at a stadium. Many people, particularly aging baby boomers, have found that an accessible society is good for everyone.
But although the ADA has led to great promise and opportunity for some of us with disabilities, in 2010 the "shameful wall of exclusion" is still a prevalent reality for many of us.
Despite Title I of the ADA, which guarantees individuals with disabilities the right to equality in the workplace, there is still a proliferation of sweatshops in our own backyard called "Sheltered Workshops" that employ people with developmental disabilities whoare paid 10 cents an hour and are exempt from Fair Labor Standards. And 20 years later, more than 1.6 million Americans with disabilities of all ages who can and want to live in their own homes in the community are incarcerated in nursing homes and institutions against their will.
Opponents of the ADA believe that requiring businesses to provide access to people with disabilities isn't "fair to the business owner" and that the market will eventually force them to be more accommodating. Similar arguments were made about the Civil Rights Act of 1964. History has shown, however, that the free market did not lead to a breakdown of racial segregation anymore than it has based on disability.
The creation of a society that values the dignity, equality, freedom and worth of every human being requires constitutional protection to end the historical practice of segregation. While the language of the ADA defines the law, its spirit defines our humanity.
As Justin Dart, widely known as the father of the ADA, once said: "ADA is a landmark commandment of fundamental human morality." It sends a resounding message to people with disabilities: You are equal. You are whole. You are a valued contributor to our society.
So on this 20th anniversary of the ADA, it is up to us to make sure that none of us are excluded from its promise, including those who use In Home Supportive Services; the youth with undiagnosed disabilities in Santa Clara County's juvenile justice system; the parents of children with disabilities who ask why their children are still left out and left behind; and the disabled veterans who are finding that, despite their sacrifice for America, they are excluded from America's promise.
We must renew our commitment to uphold the civil rights of people with disabilities and to fully include all our people in the life of our nation. Please join the Silicon Valley Independent Living Center in celebration of the ADA's anniversary at the West Coast Disability Pride Parade and Festival at 10 a.m. Saturday on North First Street in San Jose. (For details, go to www.svilc.org.) Add your voice to ours as we say, "Let the shameful wall of exclusion finally come tumbling down."
SARAH TRIANO is executive director of the Silicon Valley Independent Living Center. She wrote this article for this newspaper.
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Sunday, July 25, 2010
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