Now 30 years old, ADA fight takes on new vigor in pandemic
Q&A: Advocate says act still cornerstone of achieving rights
Houston can claim to be a birthplace of sorts of the Americans with Disabilities Act. President George H.W. Bush called the city home long before he signed the legislation into law in 1990, as did Justin Dart, a disability rights advocate whom some consider the law’s godfather.
Lex Frieden still is active in Houston, 30 years after his efforts in Washington helped to write the law. Frieden now serves on the Metropolitan Transit Authority board.
In light of those ties to the Bayou City, perhaps it is no surprise Gabe Cazares is a busy man: both in continuing that advocacy and making sure Houston’s built environment lives up to those expectations.
Cazares, who is blind, is director of the Mayor’s Office for People with Disabilities. He is a Houston native who considers his own self-determination an asset in helping others achieve independence. Since being appointed last September, he has been among city officials championing changes to Houston streets aimed at reducing fatalities and increasing travel options beyond the automobile.
He was not even born in 1990, but Cazares, 28, says the law is just as relevant 30 years later and remains a cornerstone of a commitment to equality that remains a work in progress. He responded to questions via email.
Q: The world is a very different place in 2020 than it was in 1990, even setting aside the pandemic. Technology, whether it is advances in materials or computing power and adaptive access to devices, has changed life for disabled people. Has that made compliance with the
ADA easier for employers, landlords and public entities?
A: Technology has certainly revolutionized the way we work, learn and socialize. When accessibility features — such as text to speech, refreshable Braille interoperability, captions and varying motor skills usage — are included as part of the design and development stages, technology does expand the circle of participation to include the disability community. Unfortunately, this is not always the case.
So, while technology has certainly helped with ADA compliance, it is not a silver bullet that guarantees access. Employers, landlords and public entities have a responsibility to understand the applicable ADA requirements. Fortunately, free resources like the Houston-based Southwest ADA Center are readily
available to assist.
Q: One of the interesting things among all the hubbub over masks has been the understanding in the disabled community that it limits lipreading. As a result, we’re seeing masks made with clear panels or dense mesh. Is that an indication of how far we have come in including considerations for disabled people into everyday issues?
A: It is certainly exciting to see our access needs being considered by a greater number of people and institutions. However, it is also important to remember that people with disabilities need to be driving these discussions and decision-making processes. We shouldn’t lose sight of the mantra of the disability community, which is “nothing about us without us.”
Disabled people know what works best for disabled people.
Q: Do you think most people responsible for following the ADA understand it? It is one of those laws that touches so much, and business owners, architects, teachers, bus drivers need to think about the ADA. In their own ways, are some industries more attuned to it than others?
A: On October 17, 2019, Andrew Pulrang (a disability activist and author) ran a piece in Forbes titled “A Fresh Look at An Old New Law: The Americans With Disabilities Act.” In his piece, Andrew refers to the ADA as “the oldest new law.”
This perfectly summarizes where we are and where we have yet to go, 30 years after the enactment of the ADA. Although most industries are aware of their applicable requirements under the ADA, there is still work that needs to be done to eliminate access barriers to all aspects of American life.
Q: What is missing from the ADA? In other words, is there something that is not protected or that we did not have to think about in 1990 that remains unresolved when it comes to protecting the legal rights of disabled persons?
A: The drafting and enactment of the ADA preceded the internet boom of the mid-90s. Although subsequent court decisions have established that the internet is a place of public accommodation as defined by the Americans with Disabilities Act, this language is not explicitly included in the ADA. The COVID-19 pandemic has highlighted how the internet has changed from a commodity to a necessity. This is especially true for people with disabilities.
Q: We have spent the past couple years as a society reconsidering language in a lot of ways as we rethink deepseated sexual harassment and
racial injustice in everyday practices. Is there a reckoning coming in terms of the language around disability, and does the ADA play a role in that?
A: The Americans with Disabilities Act, and the organizing and mobilizing that preceded its passage, helped to cement a positive image of disability.
For centuries, people talked about us without regard for our needs and desires. We were told how to speak about ourselves and our disabilities. The passage of the ADA, and the subsequent work to ensure that it continues being enforced has revolutionized the way we plan, organize, and mobilize.
The ADA helped to give rise to the self-determination and advocacy movement. Thirty years later, we determine how we speak about ourselves and tell our own stories.