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Disability Rights Movement

The prevailing demands of the movement are the same: justice, equal opportunities and reasonable accommodations. This resources works to explore these concepts and promote allyship as well as understanding

Protests and Movements

Americans with Disability Act

The Americans with Disability Act is a civil rights law that prohibits discrimination against individuals with disabilities in many areas of public life including ones job, school, transportation needs, and many public and private places that are open to the general public. The purpose of this act is to ensure that people with disabilities receive the same rights and opportunities as everyone else regardless of their ability, race, color, sex, national origin, sexual orientation, gender identity, age, and religion as this act is attached to the Civil Rights Act of 1964. In addition to this ADA makes sure to include mental and physical medical conditions

The ADA act benefits those with disabilities who are looking for employment opportunities and benefits available to people without disabilities. This act ensures that disabled people can receive support by requiring covered employers (employers with 15 or more employees) to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations.

In terms of public services, ADA sets a requirement that public entities must make their programs, services and activities accessible to individuals with disabilities. This is done by having each public service entity make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination; identifying architectural barriers; and communicating effectively with people with hearing, vision and speech disabilities. Public services extend into public accommodations which includes privately owned, leased or operated facilities like hotels, restaurants, retail merchants, doctors' offices, golf courses, private schools, day care centers, health clubs, sports stadiums, movie theaters, and so on.

ADA guarantees that people with disabilities can live within the larger community through equitable practices and mindsets. It is important for ADA to exist as it gives people with disabilities regardless of their status equal rights, whereas in the past this has not been something available to them to this degree or at all. Despite all the accomplishments that have come with ADA there is still a substantial amount of work to be done. Today disabled Americans are still three times less likely to have a job; and when they do, they often earn less for doing the same work. Voting locations, transit, and public spaces are too often inaccessible. When looking to support this act and the lives of people with disabilities, a focus needs to be placed not only on their rights, but their celebrating their culture and worth. When importance is placed on people with disabilities the inclusion of this community is that much easier.

504 Sit-In

“At that time in history, there was simply no access—no right to an education, no public transit. You couldn’t get into a library or city hall, much less a courtroom.”-Corbett Joan O’Toole

On April 15th 1977, a large group upwards of 500 people gathered in San Francisco to demand greater accessibility and accommodations for people with disabilities. These protests were born out of the governments failure to implement Section 504 of the Rehabilitation Act of 1973 which was meant to prohibit discrimination against people with disabilities in programs and activities receiving federal funding. This included things like libraries, transportation services, schools, etc. Section 504 had not been fully enforced, leaving people with disabilities withouNewspaper clipping of an article entitles "Handicapped win demands end of H.E.W occupation"t the necessary accommodations and access to public services. The disabled community and allies declared that if action was not taken by April 4th, a nationwide protests would ensue. This date passed without the government signing the regulation into law, leading to over 500 disabled individuals and their allies attending a rally on San Francisco’s Civic Center Plaza.

While there were rallies and protests held all across the countryside, San Francisco is remembered for their commitment. Most protests had ended the day of, whereas San Francisco continued the rally to the streets with nearly 150 people streaming into the Health, Education, and Welfare (HEW) Federal Building. Over 120 activists occupied the building, and they refused to leave the federal building until their demands were met, even when threatened with arrest and eviction. 

Government officials attempted to remove the activists from the building by cutting the phone lines and denying them food, water, medicine, and more, but the protestors were prepared for this. Deaf and CODA (Child of Deaf Adult) protesters used sign language to communicate through the windows of the building to the outside. This allowed for allied groups to get food, medicine, blankets, and more.  

The disabled protesters worked closely with and received support from a wide range of organizations and individuals, including labor unions, religious groups, and civil rights activists. Groups that supported the 504 protesters included the Black Panther Party, Glide Memorial Church, Gay Men’s Butterfly Brigade, Delancey Street, the United Farm Workers, the Gray Panthers, Salvation Army, and more. Because of this, the 504 Sit-in is considered an important moment for cross-movement organizing.

 After 28 days of the Sit-in and consistent pressure from the protestors, Califano finally agreed to sign and implement Section 504 and provide greater access and accommodations for people with disabilities to federally funded buildings. This victory paved the way for the Americans with Disabilities Act, which was signed into law by President George H.W. Bush in 1990 and expanded the protections to private institutions and workplaces. 

"The public birth of the disability rights movement... For the first time, disability really was looked at as an issue of civil rights rather than an issue of charity and rehabilitation at best, pity at worst."-Kitty Cone

Education for All Handicapped Children Act of 1975

The education for all handicapped children act of 1975 was put in to place as a way to support states and localities in protecting the rights of, meeting the individual needs of, and improving the results for infants, toddlers, children, and youth with disabilities and their families. Before EHA was put into place, many children suffered from a lack of opportunities to learn, as well as a blatant denial of access to education. This is predominately because a multitude of states had laws that specifically excluded children who were deaf, blind, emotionally disturbed, or had an intellectual disability. 

According to this act all public schools that accept federal funds are required to provide equal access to education and one free meal a day for children with physical and mental disabilities. Public schools were required to evaluate children with disabilities and create an educational plan with parent input that would emulate as closely as possible the educational experience of non-disabled students. The act was an amendment to Part B of the Education of the Handicapped Act enacted in 1966. The act also required that school districts provide administrative procedures so that parents of disabled children could dispute decisions made about their children's education.

The Gang of 19 and ADAPT

Today transportation across the United States riders are quite familiar with the standard layout and accommodations that trains, busses, shuttles, and other forms of public transit have, but this has not always been the case. Before the gang of 19 and ADAPT protests, residents who needed wheelchair accessibility were facing extreme inequalities in regards to how or if they could travel when wanting to utilize public transportation. The vast majority of public transit vehicles did not have wheelchair lifts which meant most wheelchair users could not enter and those who could needed various degrees of assistance as they would be required to crawl up the steps or be carried.  

A spotlight had been specifically placed onto Denver's RTD by the attorney John Holland as the city only had 10 wheelchair accessible busses when in reality they needed around 213 to properly accommodate their residents. Even more attention was brought to this issue when prominent community member Wade Blank whose goal was to create a community inclusive to those of all abilities through a Denver-based independent living community. These Atlantis apartments gave people of differing abilities their first home allowing them to experience a level of autonomy that they had not been privy to before coming to live in this community. Residents had control over things such as when they could sleep, when and what they could eat, who was allowed to see them, and other living aspects. Having such an environment made it easier to organize a group protest, which is what Wade Blank helped lead with the help of others.

On July 5th of 1978, in downtown Denver, a large group of people in wheelchairs surrounded 2 RTD (Regional Transportation District) busses as a form of protest. This occurred at one of the busiest intersections in Denver, Broadway and Colfax Avenue. Protesting individuals got out of their wheelchairs and laid down in the street to stop a Denver bus, as a way to call out the inaccessibility of the city’s public transit system and the need for transportation equity. During this time, as well as the following day, 19 individuals also blocked the busy intersection of Broadway and Colfax in downtown Denver. These individuals are now known as the Gang of 19, and are famously known for their continuous chant of "We will ride!" until the city and RTD agreed to make the buses accessible to people who use wheelchairs. Community organizers such as Barry Rosenberg were also there on the front lines with the Gang of 19, standing on the corner and helping the group with water or whatever they might need. Providing crucial assistance to the protesting efforts.

After these 2 days of protesting and months of litigation between John Holland and Atlantis, they were able to appeal and settle with the city of Denver’s transportation leaders. After this, Denver became one of the first cities in the country with accessible mass transit, with RTD retrofitting all 213 buses with wheelchair lifts. The outcomes of this protest helped lead to the passing of the landmark Americans with Disabilities Act (ADA), forever transforming life for individuals with disabilities, by prohibiting discrimination in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public

 

Baby Doe LawThe Baby Does Law is an amendment to the Child Abuse Prevention and Treatment Act of 1974, passed in 1984. It sets forth specific criteria and guidelines for the treatment of disabled newborns in the United States, regardless of the wishes of the parents. Before this act was set in place, it was routine for hospitals to decline using life-saving treatment, as well as routine medical care, on infants that were suspected of having physical and intellectual disabilities if doctors and parents opted against children receiving treatment. As a consequence, hundreds if not thousands of newborns passed away who otherwise would have survived and may have lived a life with a potential disability.  

Government regulations, known as "Baby Doe Rules" were put into place largely due to the highly publicized case of Bloomington Indiana, in the year 1972. This case involved an infant with Trisomy 21 (otherwise known as Down Syndrome) and tracheoesophageal fistula. The baby required surgery due to tracheoesophageal fistula causing a birth defect that blocked the newborns esophagus preventing it from being able to eat. It was publicly reported that the doctors advised against treatment due to the Down Syndrome diagnosis and the parents agreed. This resulted in a community uproar with the largest outcry coming from disability rights advocates. While disability rights advocates tried to intervene, the newborn starved to death before legal action could take place. In the end the Indiana Juvenile Court ruled in favor of the parents medical care denial, the Indiana Supreme Court refused to hear the case, and it could not be appealed to the Supreme Court as the child had passed away. The popularity of this case did  bring about political and legal change as it prompted the Reagan Administration to issue regulations calling for the creation of “Baby Doe squads” to safeguard the civil rights of disabled newborns.

Through this law, it could now be considered medical neglect for a patient to be denied medical care based upon their disability. The Baby Doe Law, has trickled down into other laws and acts, assisting disabled people in receiving the services and support that they deserve. Discrimination and lack of care due to a disability, would no longer block newborns and children from receiving needed medical treatment. 

The Capitol Crawl

"Some people may have thought it was undignified for people in wheelchairs to crawl in that manner, but I felt that it was necessary to show the country what kinds of things people with disabilities have to face on a day-to-day basis. We had to be willing to fight for what we believed in."           

    -Michael Winter, former Executive Director of the Berkeley Center for Independent Living

The Capitol Crawl was a national and physical display of the barriers that disabled people face due to everyday building inaccessibility. This protest put a spotlight on how much the architectural structures of society actively work against everyone, specifically those with disabilities. Taking such direct action forced congress and the public to see them and the realities in which they live. 

The Capitol Crawl occurred on March 12th, 1990 with over 1,000 people marching from the White House to the U.S capital in an attempt to demand that Congress pass the Americans with Disabilities Act, or ADA as during this time it was stalled in the House Committee on Public Works and Transportation. This worried the majority of disability rights activists as this affected the livelihoods and quality of life of those with disabilities. These feelings motivated Washington based activists activists to quickly organize a protest.  Once protestors reached the U.S Capitol Building about 60 of them cast aside their wheelchairs and other mobility aids and crawled up the Capitol steps. This served as a physical demonstration of how inaccessible architecture impacts people with disabilities. A long term greater effect of this demonstration and protest is that it highlighted the urgency behind the need to pass the ADA, encouraging President George H.W Bush to sign it into law on July 26, 1990.

All in all, the Capitol Crawl showcases the importance in protests that force people who have been previously overlooked and/or discriminated against to be acknowledged. Even today this is considered to be  one of America's most extraordinary public protests.

Jennifer Keelan of Denver, CO talks about growing up as a person with a disability in the era of the ADA, as well as her activism as young child fighting for the ADA. She is recognized for being one of the youngest people to climb the steps of the capitol at 8 years old during the "capitol crawl" protest.

How to Make Protesting Accessible

From Liberty Human Rights:

  •  Include disabled people from the start:
    • Assume disabled people want to protest.
    • Don't assume disabled people will have help.
  • Places and routes:
    • Public transport: where are the nearest stop and are they accessible?
    • Parking: is it available? Where is it, and are there disabled spots?
    • Timing: avoid really early or late demos. It can take a while for people to leave the house and get home.
    • Length of route: tell people so they can prepare. Some wheelchairs and mobility scooters can only go so far, and they need to go home after.
    • Speed: can everyone keep up? Try not to leave anyone behind.
    • Toilets: are there any, and are any gender neutral? Are there disabled toilets and do people need to bring a radar key or ask someone to unlock them?
    • Charging: some people use battery powered assistive equipment. It can help people protest if they can charge their devices when out and about.
  • Know the law:
    • Disabled people often face discrimination, including from the police. While many disabled people do know their rights, it shouldn’t be their responsibility alone.
    • Disabled people should not face discrimination when they are protesting because of being disabled. In some circumstances, they have the right to reasonable adjustments. This is when a service provider or a public authority must change their policy to make things less difficult for disabled people.
    • However, Disabled protestors are often at greater risk of harm from police than non-disabled people. This includes information-sharing tactics that target disabled people.
    • More people who can identify what is discrimination and unlawful behaviour means that more people can challenge it. You can read up on Disabled people’s rights here.