Landmark legislation opens doors
Tuesday, July 26, will be the 32nd anniversary of the Americans with Disabilities Act being signed into law. Since its passage in 1990, a great many new doors have been opened for people with disabilities.
The law ensured that people cannot be discriminated against because of their disability. It ensured that public buildings would be accessible and that employers had to make “reasonable accommodations” for people with disabilities to allow them to perform their jobs. It was landmark legislation, akin to the Civil Rights Act.
The past 32 years have seen marked improvement in how the disabled have been integrated into society. Barriers and stigmas continue to fall. Society is generally more accepting of disability in general, and more accepting of the broader definition of what constitutes a disability. I believe some of these changes are built into the fabric of society and are likely here to stay, as evidenced by the increasing number of characters with disabilities in movies and on TV.
That is not to say the future is all rosy. Laws can be modified or repealed as easily as they are passed in the first place. There have been several attempts to modify and water down the ADA over the years and there is no reason to think that effort will disappear.
In addition, merely passing a law doesn’t ensure it will be implemented as intended.
A law’s true success is measured in the regulations created to enforce it, how those regulations are enforced and interpreted, and the resources dedicated to enforcing it. A law is worthless without the subsequent steps. This also means a law is subject to the whim of the current administration.
Another area where legislation can be undermined is the courts. To this point the courts have generally been favorable to the ADA. However, there is no guarantee this will continue.
In recent years we have seen numerous examples of the courts eating away at rights enacted by the legislative and executive branches. Elections have consequences and who gets appointed to the bench matters. We have to look no further than the Voting Rights Act to see proof of this.
Progress can also be undermined indirectly. Voting rights is a great example. While there hasn’t been a direct assault on the voting rights of people with disabilities, additional impediments to them have been the result of the recent surge in legislation designed to make it harder to vote in general.
We need look no further than right here in Georgia. The tightening of rules regarding absentee ballots has had a real impact on voters with disabilities. Voter ID laws are also an added burden to not only the disabled, but seniors too. The senseless ban on giving voters in line food or something to drink is also harmful to voters with disabilities. They may need those items for health reasons if they are in line for an extended period.
Some states have even imposed limits on how many voters a person can drive to the polls. Many people with disabilities depend on someone giving them a ride to the polls to be able to exercise their constitutional right.
We mustn’t let down our guard if we want the progress we have made in the last 32 years to continue to grow. We must continue our vigilance in expanding opportunities. Members of the Disability Community still make up a disproportionately small percentage of elected officials and policymakers. It is critical that we change this so that our voices are heard in the halls of power.
In the final analysis, I feel cautiously optimistic about the future, provided we are able to increase the volume of our voices both inside and outside of the rooms where the decisions are made.