July 29, 2003
13th Anniversary of ADA: Promise Unfulfilled
HOYER: ON 13TH ANNIVERSARY OF ADA, PROMISE STILL UNFULFILLED
WASHINGTON --- House Democratic Whip Steny Hoyer (MD) released the following
statement today in honour of the 13th anniversary of the passage of the
Americans with Disabilities Act. Rep. Hoyer was the lead House sponsor of the
Act, which was signed by the first President Bush:
"Thirteen years ago - on July 26, 1990 -- our great nation made a promise to
our disabled brothers and sisters that we have a moral obligation to keep. We
said no to discrimination. We said no to sanctioned inequality. We said yes to
inclusion and equality.
"Today marks the 13th Anniversary of the enactment of the Americans with
Disabilities Act, the most sweeping civil rights legislation since the Civil
Rights Act.
"I am immensely proud to have sponsored this legislation in the House, and was
prouder still on the day the first President Bush signed the ADA into law. Ill
never forget it: More than 2,000 advocates for the disabled -- some in
wheelchairs, some with interpreters, and some with seeing-eye dogs --
participated in the signing ceremony on the South Lawn at the White House.
"Justin Dart Jr., a dear friend, a personal hero and a soldier for justice,
was there that day. And although its been little more than a year since Justin
passed, his monumental legacy lives on in part through the ADA, and his
tireless effort to enact it.
"This landmark law sent an unmistakable message: It is unacceptable to
discriminate against someone simply because they have a disability. Moreover,
it is illegal -- in employment, in transportation, in public accommodations,
and in telecommunications.
"The ADA recognized that the disabled belong to the American family; that a
disability need not be disabling. Disabled Americans can share in all our
nation has to offer -- equality of opportunity, full participation,
independent living, and economic self-sufficiency.
"I never harbored illusions that the ADA would topple centuries of prejudice
overnight, or that Congress could legislate acceptance of disabled Americans.
But we know that integration can change hearts and change minds.
"Over the last 13 years, the ADA has allowed hundreds of thousands of
Americans to join the workforce, attend school, travel, or drive a car -- many
for the first time in their lives. The ramps, curb cuts, Braille signs, and
captioned television programs that were once novel are now ubiquitous.
"However, the first 13 years of the ADA have not been without challenge. Too
often, the intent of the ADA has been misconstrued by our courts, which have
given it a narrow construction that its authors never intended.
"For example, in 2001, the Supreme Court ruled in University of Alabama v.
Garrett that state employees cannot use the ADA to win damages for on-the-job
discrimination by state governments.
"In another blow, the Court held last year in Toyota Motor Manufacturing v.
Williams that a worker needed to show that her condition not only affected her
on the job, but also prevented or restricted her from performing tasks that
are of central importance to most peoples daily lives.
"Because the claimant in Williams had not sufficiently demonstrated how her
disability limited her in performed tasks such as brushing her teeth, the
Court said, she was not disabled under the ADA.
"In fact, people with diabetes, heart conditions, cancer and mental illnesses
have had their ADA claims kicked out of court because, with improvements in
medication, they are considered too functional to be considered disabled.
"This is clearly not what Congress intended when it passed the ADA and the
first President Bush signed it into law. We intended the law to be given a
broad construction, not a narrow one.
"Next October, the Court will hear arguments in Tennessee v. Lane, a case in
which it will decide whether Congress had the constitutional authority to
require states to pay money damages for violations of Title II of the ADA.
"In Lane, the plaintiffs -- George Lane and Beverly Jones, both with
paraplegia -- brought claims against Tennessee for failing to ensure that
courthouses are accessible to individuals with disabilities. Lane and Jones
were denied access to second-floor courtrooms that lacked elevators. In fact,
the state arrested Lane, a defendant in a criminal case, for failure to appear
for a hearing when he refused to crawl or be carried up stairs to the
second-floor courtroom.
"Together, these decisions represent a dangerous chipping away at the
foundation of equality which we poured 13 years ago when the ADA was enacted.
And they are a reminder as we commemorate this 13th Anniversary that our work
is not done.
"Today, let us renew our commitment to the principles and spirit of the ADA --
a law that befits our great nation, which stands for liberty and freedom.
Today, lets commit to keep the promise we made when we enacted the ADA,
because while its promise remains unfulfilled, it still is within reach."
--
For More Info: Contact: Stacey Farnen at 202-225-3130
Chao, Thompson Statements on ADA Anniversary
DOL News Release
July 25, 2003
Statement of Labor Secretary Elaine L. Chao on the 13th Anniversary of the
Signing of the Americans With Disabilities Act, July 26, 2003:
"Tomorrow we celebrate the 13th anniversary of the signing of the Americans With
Disabilities Act, a landmark legislation of compassion and empowerment. The ADA
has been a major civil rights legislation for the disabled community. Since its
passage, it has been a powerful force in removing barriers to people with
disabilities by increasing their opportunities in education, home ownership,
transportation, and employment.
"The best way to celebrate the advancements made through the ADA is to build
upon its progress through President Bush's New Freedom Initiative. The New
Freedom Initiative promotes the integration of all people with disabilities into
their communities. It strongly emphasizes the role of employment as a key
element in achieving opportunity and full integration into the 21st century
workforce.
"I am proud to note that the Department of Labor has been designated as the lead
agency in implementing the New Freedom Initiative. But while the government can
lead, it cannot do the job alone. The success of the New Freedom Initiative will
depend upon the continuing commitment and sustained cooperation of business,
labor, nonprofit organizations, faith-based and community organizations and of
course, people with disabilities. Working together, we can help empower people
with disabilities and build an America where all individuals are encouraged to
achieve their dreams."
Note: U.S. Labor Department releases are accessible on the Internet at
http://www.dol.gov. The information in this
news release will be made available in alternate format upon request (large
print, Braille, audio tape or disc) from the COAST office. Please specify which
news release when placing your request. Call (202) 693-7773 or TTY (202)
693-7755.
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HHS News Release
July 25, 2003
STATEMENT BY TOMMY G. THOMPSON
Secretary of Health and Human Services
Regarding the 13th Anniversary of the Americans with Disabilities Act
Only 13 years after it was signed into law, it is difficult to imagine our
country without the Americans with Disabilities Act (ADA). The ADA has
transformed us, and it continues to transform us. Attitudes have already changed
dramatically, barriers of all kinds are in the process of coming down, and
opportunities are opening. ADA has helped all Americans to better understand our
world through the experience and needs of others.
The ADA also reminds us how much remains to be done. Eventually, every one of us
will be touched closely by issues of illness or disability - whether for
ourselves or for family, friends or fellow workers. We must respond in ways that
benefit not only those with disabilities, but our whole community.
With the leadership of President Bush and his New Freedom Initiative, the
Department of Health and Human Services gives high priority to improving our
nation's response to disability -- in our many programs that support direct
services, as well as our medical research that can help prevent or ameliorate
disability, and especially in policies that can shape the options available to
disabled individuals and their families.
In particular, the President wants to encourage inclusion and community-based
living for Americans with disabilities. We must avoid and reverse policies that
have inadvertently led to excessive reliance on institutional care. And we must
create more opportunities to provide care in the home and community as an
alternative.
In his New Freedom Initiative, the President has recognized the need for a
comprehensive approach to removing barriers. That's why he called on HHS and
other government agencies to prepare a broad-scale review of the steps that need
to be taken. I was pleased to deliver that report to him last year, and I am
pleased today to report that we are making progress on those goals.
Likewise, the President called for a new assessment of our nation's system for
helping people with mental illness. Just this week, the President's New Freedom
Commission on Mental Health delivered its report, pointing the way toward
fundamental overhaul of that system. I am committed to move forward productively
toward the vision of this report. The Substance Abuse and Mental Health Services
Administration will deliver initial action recommendations to me quickly.
The President's budget this year includes a dramatic proposal to support
community living for those with disabilities. It envisions more than $2.5
billion in multi-year Medicaid demonstrations that would give the states
significant new support and incentives to enable people in institutions the
choice to receive services in their own homes and communities. The purpose is to
promote a better balance, so that good institutional care is available when
needed, but community-based care alternatives are equally available. The
President's proposal also includes important new projects to develop our system
of respite care. We have conveyed legislation to Congress to authorize these
projects, and we will be working with key members of Congress over the coming
weeks to achieve enactment as quickly as possible.
Our efforts are continuing in many other areas as well. For example:
* Our Centers for Medicare & Medicaid Services (CMS) has provided $125 million
to states in the past two years to support development of home and
community-based care. Another $40 million is being provided this year for these
"Real Choice Systems Change" grants. CMS is also working with states to help
them use the flexibility already available in the Medicaid program to support
community care. In addition, the agency is supporting state efforts to improve
the recruitment, training and retention of community-based direct service
workers.
* CMS and the Administration on Aging are also developing new information and
assistance resources in the community. Their "Aging and Disability Resource
Center" grants will provide for "one-stop shopping" information and entry points
to the long-term support system in a community. Likewise, together with the
Health Resources and Services Administration, CMS will support Family-to- Family
Health Care Information and Education Centers to help families navigate the
long-term support options available for their children.
* Our new Office on Disability is helping me oversee the coordination,
development and implementation of programs and special initiatives within HHS
that impact people with disabilities. In creating this office last year, we
recognized the importance and cross-cutting nature of these issues, and the
extent to which they touch virtually every HHS operating division.
* Our Office for Civil Rights (OCR) is also playing an important part pursuant
to the Supreme Court's Olmstead decision. With the Department of Justice, OCR
has put in place a new alternative dispute resolution program to help achieve
Olmstead's goals in the most rapid and productive manner possible, when problems
are identified.
The Department of Health and Human Services is resolved to support the President
in his New Freedom Initiative. I commend all those who are carrying out this
work in HHS, in the states and in communities throughout America. On the 13th
anniversary of Americans with Disabilities Act, I renew the commitment of our
Department to making ADA a fully realized dream.
Note: All HHS press releases, fact sheets and other press materials are
available at www.hhs.gov/news
NCD Highlights Progress, Challenges Ahead
NCD NEWS RELEASE #03-422
July 25, 2003
National Council on Disability Says People with Disabilities Made Progress: More
Needs to be Done
Americans with Disabilities Act signed into law July 26, 1990
WASHINGTON-The new report issued today from the National Council on Disability (NCD)
concludes that people with disabilities made some progress, but more needs to be
done.
NCD's annual report, NATIONAL DISABILITY POLICY: A PROGRESS REPORT, reviews
federal policy activities by issue areas and covers the period from December
2001 through December 2002.
www.ncd.gov/newsroom/publications/progressreport_final.html
As noted in the report, NCD has observed many examples of progress in disability
policy. Among these are enactment of the Help America Vote Act for increasing
access to elections for Americans with disabilities; establishment of the
Presidential Commission on Mental Health to examine and recommend changes in our
nation's mental health system; and the Supreme Court's ban on execution of
persons with mental retardation.
Despite reforms in disability policy intended to improve the lives of people
with disabilities, many challenges remain for our citizens with disabilities who
wish to be more independent, more productive and more engaged in their families
and communities. Far too many Americans with disabilities are undereducated and
unemployed. Many of them are desperately trying to improve the quality of their
lives, but they are frustrated by a lack of affordable and accessible housing,
transportation, personal assistance services, medical rehabilitation and job
opportunities.
The Administration's New Freedom Initiative provides a road map to increase
investment in and access to assistive technologies and a high-quality education,
and to help integrate Americans with disabilities into the workforce and into
community life. NCD will continue to work with the Administration and Congress
to ensure that every individual with a disability has access to the American
dream.
In the past year, NCD has undertaken and completed a number of projects that
support the New Freedom Initiative and that respond to NCD's statutory mission.
In particular, NCD has completed a series of policy evaluations intended to
measure progress toward implementation of the Americans with Disabilities Act.
We encourage all government agencies and Congress to use NCD's work as a
reference point and source of data for recommendations, and as a basis for
further examination of issues that impact the lives of people with disabilities.
NCD stands ready to work with the Administration, Congress and the public to
ensure that public policy is shaped so it will provide the greatest possible
opportunities for people with disabilities as they strive to be fully
productive, contributing citizens.
For more information, contact Mark Quigley or Martin Gould at 202-272-2004.
Note:
To subscribe or unsubscribe to the NCD listserv, send a blank
email to add-bulletin@list.ncd.gov or remove- bulletin@list.ncd.gov. No need to
write anything in the subject line or body. Do not use the reply feature. To
change your current e-mail address, first unsubscribe in one e-mail and then
subscribe in another. Thank you.
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JUSTICE FOR ALL -- A Service of the American Association of People with
Disabilities
www.aapd-dc.org
www.jfanow.org
There's strength in numbers! Be a part of a national coalition of people with
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