OPINION: As the ADA Amendments Act Passes In the House…

While the recent legislation passed by the House, is a marked
improvement on limits imposed upon previous legislation by rigid and
reactionary Supreme Court rulings, the current legislation still
provides business and public services huge leeway in denying access to
people with disabilities, and of particular concern are the limits
imposed on acceptable service animals.

Emma Rosenthal

ADAWatch.org
National Coalition for Disability Rights
OPINION: As the ADA Amendments Act Passes In the House…
The ADA Watch/NCDR Board and State Steering Committee has announced, in
a show of unity with other disability organizations, its support of the
ADA Amendments Act.
This is not, however, the ADA Restoration Act we all worked so hard on
and it is quickly moving forward without the support of key disability
rights organizations and leaders. The concerns being voiced come from
many who were vital in the passage of the Americans with Disabilities
Act in 1990. The Disability Rights Education and Defense Fund
(www.dredf.org
<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=Nb6LmprVRy5tPTjhhbl7XLhn4E3Gmi5V>),
for example, as part of an analysis posted on their website, states that:
"Passage of the current deal will improve the status quo for many, but
it will also mean that the opportunity to correct the paradigm to remove
severity as a factor of coverage and include many more who are currently
unable to use the ADA because they are not considered "disabled enough"
will be lost or indefinitely delayed as the new provisions are
interpreted up the judicial ladder."
[The medical severity test evokes eligibility criteria for benefits
programs, an area of law that the courts encounter more frequently,
rather than supporting a civil rights interpretation. The severity of
disability should be irrelevant to whether the plaintiff's impairment
resulted in discrimination. The ADA Restoration Act, unlike the ADA
Amendments Act, would remove a medical severity test, allowing any
person with an actual or perceived impairment the opportunity to show
that he or she was subjected to an adverse action on the basis of that
impairment.]
As you might have noticed, ADA Watch has been publicly quiet for some
time now. Spending 18 months on the Road To Freedom bus traveling the
United States to promote the original ADA Restoration Act certainly has
left us in a prolonged period of reentry both organizationally and
personally. [See below for what we have been cooking up] But we also we
also held our public tongue at the request of disability negotiators who
were in "delicate" negotiations with the business community.
Well now those negotiations are over, there is a deal that does not
allow for any strengthening of the bill by our supporters in Congress,
and there is little time to use this process to build community or
change public consciousness about disability rights. There also seems to
be, in this process, a missed opportunity.
As this process unfolded, ADA Watch/NCDR was at the table and, like
others, expressed our concerns regarding content, process and timing.
While many say that this is the best deal that could be had in the
current environment, and while the Congressional leadership forced us
into negotiations with business lobbying groups before it went to the
floor, it seems that we, as a community, could have done more to soften
the ground leading to these negotiations. A more cohesive and inclusive
campaign, much like the one that led to the initial passage of the ADA,
could have produced greater unity in our community and capitalized on
all of our strengths -- from the grassroots advocates to the legal
teams, from our lobbyists to our media experts, and more.
ADA Watch/NCDR was praised by the disability negotiators for the
extensive media we received in publicly making the case for ADA
Restoration on the Road To Freedom bus tour. While we appreciate the
praise, the reality is that we have one of the smallest budgets of any
national organization - less than the yearly CEO salaries of some of the
larger organizations. The fact that we received the bulk of media
coverage in the year prior to this deal leaves us wondering what might
have been had there been the will to fund either our campaign or another
centralized effort to compete against the well-organized campaign of our
opponents. While we often say that we are a poor community and that we
can never compete with the well-funded corporate lobbyists, the reality
is that - while our constituency is poor - there are billions of dollars
being raised annually in the name of disability. Isn't it time that a
larger share of those funds went to publically promote the ADA and
disability rights - not as charity, not as sympathy, not just as
research or cure - but as fundamental civil and human rights.
As we learned in traveling around the country, and as you surely know,
we are not winning in the media. More times than not, the ADA is covered
as "big government putting "Mom and Pop" stores out of business." (Never
mind that this is fiction and that, more times than not, we are talking
about multinational corporations!) These stories are generated directly
from the news releases from corporate lobbying groups and associations.
When the original ADA Restoration Act was introduced these groups took
aim, even declaring that individuals with a "hangnail" were now going to
be covered by the ADA! Outrageous as they sound, they have been very
effective.
So we are left to guess how the negotiations might have been influenced
were there an organized effort that matched or even exceeded that which
led to the passage of the ADA in 1990. A campaign that drew fairly on
the resources in our community. A campaign with earned and unearned
media portraying the struggle for equal opportunity nearly 20 years
after passage of the world's first civil rights law for people with
disabilities. Community organizing efforts to teach and build coalition
in support of restoration. Maybe even an ADAPT action at the Chamber of
Commerce after the "hangnail" remarks. A united community pushing for
full restoration of the ADA.
While, as an organization, we are not second-guessing our colleagues and
have expressed support for the ADA Amendments Act, it is difficult not
to imagine the results of a more unified effort. One that, in addition
to the considerable legal drafting and negotiations, put similar
emphasis - and funding - on the other "prongs" of the social change
"pitchfork." That we could have gotten more seems evident in the now
public sentiment of at least one of the business lobbyists involved in
the negotiations. Randel Johnson, a vice president at the U.S. Chamber
of Commerce, referring to the original ADA Restoration Act, was quoted
in the Wall Street Journal as saying, "We couldn't beat this bill so
there was a need for a compromise…"
Concerns about timing have also been raised in regard to sending this
bill to President Bush, as the Administration responded to passage of
the Act in the House with criticism that it "could unduly expand"
coverage and significantly increase litigation. This criticism follows
the Bush Administration's release of federal regulations that many
disability rights experts declare will further weaken the Americans with
Disabilities Act. As disability rights attorney, Steve Gold reports, "On
June 17, 2008, the Department of Justice issued proposed rules to the
ADA's federal regulations which, if adopted, will significantly undercut
the original 1990 compromises and will impose numerous regressive
restrictions. Many of the proposed rules will ensure that full
accessibility will be, at best, postponed indefinitely."
The process leading to passage of the ADA Amendments Act has undeniably
taken a toll on our community. There are many divisions, many bruised
egos, many damaged relationships. When the smoke clears, we hope there
is an awareness that there remains a need for a unified campaign to
change the "hearts and minds" of Americans regarding the ADA and
disability rights. We don't claim that our coalition alone is the answer
to fill that need, but we hope that we can be a part of such an effort.
And as we assess what happened, we should avoid the polarizing - and
often self-serving - characterizations highlighting supposed dichotomies
in our community such as disabled/nondisabled, lawyers/lay-advocates,
Inside/Outside the Beltway, physical/mental disabilities,
rights/research, and the like. This is not a time for further
segregation but for greater unity.
This certainly is not our last legislative battle and many in our
community have said that laws alone will not lead to the kind of social
change we are seeking. The "missed opportunity" that many are seeing in
this process will present itself again. Perhaps, however, we should not
wait for the next battle and can commit now to greater unity and the
fostering of a stronger disability community. Now, more than ever it
seems, we need to join together behind a common agenda and we need to
unite all aspects of what we call the "disability community." We need to
work together as national, state and local organizations; legal,
non-legal and self-advocacy organizations; advocates and academics;
youth organizations; rights and research organizations; student and
educator organizations; parent and family organizations; aging
organizations; as well as associated non-disability led civil rights and
social justice organizations.
We can't afford to exclude anybody who wants to get behind our vision of
equality and opportunity for people with disabilities in America.
See below for what the National Coalition for Disability Rights (NCDR)
has in the works for fostering "unity in the community" and changing
public consciousness about disability rights. New membership information
for NCDR has just been posted at:
http://www.scribd.com/doc/3621464/NCDRMembership-
<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=m1HOfYuiG1FcQ0AkeXByjLhn4E3Gmi5V> 

What do you think? Contact ADA Watch/NCDR's president, Jim Ward,
directly and share your thoughts. He can be reached by email at
jimward@ncdr.org <mailto:jimward@ncdr.org> and our mailing address is:
ADA Watch/National Coalition for Disability Rights
ATTN: Jim Ward
601 Pennsylvania Avenue, NW, Suite 900S
Washington, DC 20004
The National Coalition for Disability Rights Looks Ahead…
Here is a look at what we are working on to do our part in community
organizing, coalition-building and public awareness. As always, we are
seeking individual and organizational support to fulfill our mission.
Please contact us if you have time and skills - or a financial
contribution - that you would like to contribute to our effort. Along
with organizers, media experts, writers and graphic designers, we are
especially looking for technicians with experience in Joomla to put the
finishing touches on our new online community news and action center.
Road To Freedom: Our "mobile marketing" bus continues to roll across
America, spreading the message of disability rights as essential civil
rights. We have traveled nearly 40,000 miles to every state. More than
100 bus stop media events have been produced in partnership with state
and local disability organizations. These events have attracted
extensive media attention and included Members of Congress, Governors,
Mayors and other state and local policymakers. We are currently editing
both a documentary film and book of the first year of this journey and
disability rights history. Look for the Road To Freedom bus at the
National Council on Independent Living conference in Washington, DC next
month, where we will lead a convoy of vehicles to the National Forum on
Disability Issues with the presidential candidates on July 26, the 18th
anniversary of the Americans with Disabilities Act. To view photos from
the road, go to: http://adawatch.smugmug.com/gallery/2925333_qPCEV
<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=gnAmluUZav9QBs6CZ3%2FOCLhn4E3Gmi5V>
National Agenda for Disability Rights: While some might define their
coalition based on disability, NCDR seeks to build unity around pressing
issues of common concern. In this spirit, NCDR will be launching a drive
to promote a National Agenda for Disability Rights - a declaration of
values and goals to advance equity and opportunity for people with
disabilities. This document, which is being vetted at the national,
state and local levels, seeks to build unity and broadly focuses on
civil rights, housing, government services, transportation, education,
healthcare, assistive technology and more. We will need your help to get
national, state and local organizations to sign-on in support of the
vetted Agenda. At this early stage, it should not be assumed that each
organization associated with our Board of Directors, National Advisory
Committee, or State Coalition Steering Committee necessarily supports
this document. This document has just been posted for comments at:
http://www.scribd.com/doc/3620189/A-National-Agenda-for-Disability-Rights
<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=4eBUGPTOTEWzsvAdCHHB9Lhn4E3Gmi5V>
Community Organizing: NCDR seeks to place a vetted National Agenda for
Disability Rights at the center of an intensive community organizing
project to build coalition within the disability community at the
national, state and local levels. NCDR has been in the process of
reaching out to leading community organization educators with the help
of the Association for Community Organization & Social Administration.
ACOSA is a membership organization for community organizers, activists,
nonprofit administrators, community builders, policy practitioners,
students and educators. Wikipedia explains that,while "organizing
describes any activity involving people interacting with one another in
a formal manner, much community organizing is in the pursuit of a common
agenda. Community organizers create social movements by building a base
of concerned people, mobilizing these community members to act, and
developing leadership from and relationships among the people involved."
Issue Areas: NCDR has identified key areas of focus for our educational
and advocacy efforts. These areas correspond with leadership committees
to be comprised of leaders in respective areas as well as associated
online content areas of the new ADAWatch.org website and Action Center.
Contact us if you are interested in serving on one of these committees
and/or writing for a website topic area. These areas are:
1. Civil Rights & Discrimination
2. Poverty & Social Justice
3. Healthcare & Public Policy
4. Community Organizing & Coalition-Building
5. Media & Public Outreach
6. Disability Rights History
New Website and Action Center: NCDR has been putting extensive work into
rebuilding our online community news and action center that will reside
at www.adawatch.org
<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=oadNHLkpABxDDTokIWZ%2B97hn4E3Gmi5V>
and www.ncdr.org
<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=7ERVAHoJEB4rLDoWQyuUBLhn4E3Gmi5V>.
Launching prior to the anniversary of the ADA on July 26th, the new
website will:
· highlight news and coalition activities in our key areas of focus
· provide breaking news and action alerts impacting the disability community
· incorporate online advocacy tools from Democracy In Action
· provide state pages and action tools to build the capacity of state
cross-disability coalitions
· highlight community leaders, academics and writers by way of opinion
columns and articles
· promote "town hall" forums to increase community influence on national
organizations and public policy
NCDR looks forward to working with you build a united disability
community to create a more equitable and just Nation. As always, let us
know what you think.
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National Coalition for Disability Rights (NCDR)
601 Pennsylvania Avenue, NW, Suite 900S
Washington, DC 20004
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