"Today, inclusion has become the cultural default position. That's an enormous change. Everyone expects public transportation to be accessible for disabled people, and it is considered surprising if it's not." (Photo: Elvert Barnes/Flickr/cc)
The ADA at Thirty--Hooray in Part
Yes, there are victories to celebrate but much progress still needs to be made.
It's heartening to see the many ways in which the Americans with Disabilities Act, signed into law at a White House ceremony on July 26, 1990, has positively transformed our culture and changed society's expectations of people with disabilities.
When it comes to the right of disabled people to live freely with others in communities, exclusion and segregation are still the cultural default position.
To me, the most obvious example of this is public transportation. Thirty years ago, when the ADA was enacted, there wasn't a single wheelchair-accessible public transit bus in Chicago where I live. Today, the entire fleet is wheelchair-accessible because that's what the ADA mandates.
Today, inclusion has become the cultural default position. That's an enormous change. Everyone expects public transportation to be accessible for disabled people, and it is considered surprising if it's not.
On the other hand, it's disheartening to see the ways in which the ADA has not succeeded in positively transforming our culture and changing society's expectations of people with disabilities.
The most glaring and infuriating example is the continued routine institutionalization of disabled people.
I use a motorized wheelchair and need help doing the mundane but essential stuff that everyone does every day, like getting dressed and out of bed, and preparing meals. I am able to live in a condo with my wife because I have a crew of people who assist me in doing these things under my direction. Their wages are paid through a state home and community-based services (HCBS) program funded mostly by Medicaid.
This shouldn't be a unique situation. In the 1999 U.S. Supreme Court case of Olmstead v. L.C and E.W., the plaintiffs were two women indefinitely confined to a Georgia state mental hospital. They wanted out, but the state government would not give them access to HCBS programs that would support them living outside of an institution.
The Supreme Court ruled that this sort of "unjustified isolation" violates the ADA. In the majority opinion, Justice Ruth Bader Ginsburg wrote that this segregation "perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life."
But 21 years later, hundreds of thousands of disabled people languish on long waiting lists to receive HCBS, leaving them few choices other than to indefinitely live in nursing homes, state institutions, and other large, oppressive congregate settings.
It's no wonder that the Covid-19 pandemic has been particularly deadly for people trapped in these congregate settings, where they don't control who enters their environment.
In June, the American Civil Liberties Union, the Service Employees International Union, and several disability rights organizations petitioned the U.S Department of Health and Human Services, demanding that the agency take action. The petition noted that 29% of those who have died from Covid-19 have been nursing home residents, even though only 1% of the U.S. population lives in nursing homes.
"If Covid-19 has done nothing else," the petition says, "it has demonstrated the danger of congregate settings, and the deadly consequences of our ongoing unwarranted assumptions that people with disabilities are unworthy of our resources and attention."
The petition calls on the federal government to immediately provide incentives to states to expand HCBS programs, with the goal of reducing the population of nursing homes and congregate settings by 50%.
When it comes to the right of disabled people to live freely with others in communities, exclusion and segregation are still the cultural default position. People who are as disabled as I am are expected to live in institutions, and it's surprising when we do not.
On future anniversaries of the signing of the ADA, I'll measure the true progress that has been made by how much that has changed.
We are at a crossroads
This country and this world are at a monumental crossroads. US voters have an opportunity to beat back the forces of fascism and confront the billionaires who are rigging the economy, our media system, and our democracy, making it increasingly impossible for ordinary people to get by. We’re not just talking about the election. We’re talking about what must be done once these fascist elements are vanquished from power. We need a bolder set of solutions than what either major party has so far been willing to offer and a working-class movement ready to fight like hell for it. Trump didn't emerge from nowhere. The conditions that fueled MAGA authoritarianism were created by decades of radical neoliberal economic policies and a corrupt political system dominated by corporate interests. They slashed taxes on the super-rich, promising that the benefits would trickle down. They said giveaways to the corporate titans would make life more affordable for the rest of us. It was all bullshit. And when a bitter, betrayed populace searches for someone to blame, right-wing demagogues have little trouble finding scapegoats. People know when they're being lied to, but you won't hear any of this from the corporate media. Only independent journalism—powered and funded by people who believe in building a better world—can deliver truly trustworthy daily news. Our Fall Campaign is underway, and we need your help. To power our newsroom through the rest of the year, we need to raise $125,000 by midnight on October 31. So if you share our vision, please contribute whatever you can to sustain our work. |
It's heartening to see the many ways in which the Americans with Disabilities Act, signed into law at a White House ceremony on July 26, 1990, has positively transformed our culture and changed society's expectations of people with disabilities.
When it comes to the right of disabled people to live freely with others in communities, exclusion and segregation are still the cultural default position.
To me, the most obvious example of this is public transportation. Thirty years ago, when the ADA was enacted, there wasn't a single wheelchair-accessible public transit bus in Chicago where I live. Today, the entire fleet is wheelchair-accessible because that's what the ADA mandates.
Today, inclusion has become the cultural default position. That's an enormous change. Everyone expects public transportation to be accessible for disabled people, and it is considered surprising if it's not.
On the other hand, it's disheartening to see the ways in which the ADA has not succeeded in positively transforming our culture and changing society's expectations of people with disabilities.
The most glaring and infuriating example is the continued routine institutionalization of disabled people.
I use a motorized wheelchair and need help doing the mundane but essential stuff that everyone does every day, like getting dressed and out of bed, and preparing meals. I am able to live in a condo with my wife because I have a crew of people who assist me in doing these things under my direction. Their wages are paid through a state home and community-based services (HCBS) program funded mostly by Medicaid.
This shouldn't be a unique situation. In the 1999 U.S. Supreme Court case of Olmstead v. L.C and E.W., the plaintiffs were two women indefinitely confined to a Georgia state mental hospital. They wanted out, but the state government would not give them access to HCBS programs that would support them living outside of an institution.
The Supreme Court ruled that this sort of "unjustified isolation" violates the ADA. In the majority opinion, Justice Ruth Bader Ginsburg wrote that this segregation "perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life."
But 21 years later, hundreds of thousands of disabled people languish on long waiting lists to receive HCBS, leaving them few choices other than to indefinitely live in nursing homes, state institutions, and other large, oppressive congregate settings.
It's no wonder that the Covid-19 pandemic has been particularly deadly for people trapped in these congregate settings, where they don't control who enters their environment.
In June, the American Civil Liberties Union, the Service Employees International Union, and several disability rights organizations petitioned the U.S Department of Health and Human Services, demanding that the agency take action. The petition noted that 29% of those who have died from Covid-19 have been nursing home residents, even though only 1% of the U.S. population lives in nursing homes.
"If Covid-19 has done nothing else," the petition says, "it has demonstrated the danger of congregate settings, and the deadly consequences of our ongoing unwarranted assumptions that people with disabilities are unworthy of our resources and attention."
The petition calls on the federal government to immediately provide incentives to states to expand HCBS programs, with the goal of reducing the population of nursing homes and congregate settings by 50%.
When it comes to the right of disabled people to live freely with others in communities, exclusion and segregation are still the cultural default position. People who are as disabled as I am are expected to live in institutions, and it's surprising when we do not.
On future anniversaries of the signing of the ADA, I'll measure the true progress that has been made by how much that has changed.
It's heartening to see the many ways in which the Americans with Disabilities Act, signed into law at a White House ceremony on July 26, 1990, has positively transformed our culture and changed society's expectations of people with disabilities.
When it comes to the right of disabled people to live freely with others in communities, exclusion and segregation are still the cultural default position.
To me, the most obvious example of this is public transportation. Thirty years ago, when the ADA was enacted, there wasn't a single wheelchair-accessible public transit bus in Chicago where I live. Today, the entire fleet is wheelchair-accessible because that's what the ADA mandates.
Today, inclusion has become the cultural default position. That's an enormous change. Everyone expects public transportation to be accessible for disabled people, and it is considered surprising if it's not.
On the other hand, it's disheartening to see the ways in which the ADA has not succeeded in positively transforming our culture and changing society's expectations of people with disabilities.
The most glaring and infuriating example is the continued routine institutionalization of disabled people.
I use a motorized wheelchair and need help doing the mundane but essential stuff that everyone does every day, like getting dressed and out of bed, and preparing meals. I am able to live in a condo with my wife because I have a crew of people who assist me in doing these things under my direction. Their wages are paid through a state home and community-based services (HCBS) program funded mostly by Medicaid.
This shouldn't be a unique situation. In the 1999 U.S. Supreme Court case of Olmstead v. L.C and E.W., the plaintiffs were two women indefinitely confined to a Georgia state mental hospital. They wanted out, but the state government would not give them access to HCBS programs that would support them living outside of an institution.
The Supreme Court ruled that this sort of "unjustified isolation" violates the ADA. In the majority opinion, Justice Ruth Bader Ginsburg wrote that this segregation "perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life."
But 21 years later, hundreds of thousands of disabled people languish on long waiting lists to receive HCBS, leaving them few choices other than to indefinitely live in nursing homes, state institutions, and other large, oppressive congregate settings.
It's no wonder that the Covid-19 pandemic has been particularly deadly for people trapped in these congregate settings, where they don't control who enters their environment.
In June, the American Civil Liberties Union, the Service Employees International Union, and several disability rights organizations petitioned the U.S Department of Health and Human Services, demanding that the agency take action. The petition noted that 29% of those who have died from Covid-19 have been nursing home residents, even though only 1% of the U.S. population lives in nursing homes.
"If Covid-19 has done nothing else," the petition says, "it has demonstrated the danger of congregate settings, and the deadly consequences of our ongoing unwarranted assumptions that people with disabilities are unworthy of our resources and attention."
The petition calls on the federal government to immediately provide incentives to states to expand HCBS programs, with the goal of reducing the population of nursing homes and congregate settings by 50%.
When it comes to the right of disabled people to live freely with others in communities, exclusion and segregation are still the cultural default position. People who are as disabled as I am are expected to live in institutions, and it's surprising when we do not.
On future anniversaries of the signing of the ADA, I'll measure the true progress that has been made by how much that has changed.