San Antonio Express-News (Sunday)

Fight for disabled people’s rights goes on

- By Currie Engel STAFF WRITER

When Kayleigh Joiner reached out to read the sign on a bathroom at a Texas airport a few years ago, all she found was a meaningles­s jumble. Unsure whether she was outside the women's or men's entrance, she ran her fingertips over the sign to determine if the figure was wearing a triangular dress. Then again, on a work trip, Joiner realized the braille on her hotel fire extinguish­er was upside-down and backward.

Growing up blind in Pearland in the 1990s, Joiner has observed change in her lifetime, but accessibil­ity still sometimes falls short for people with disabiliti­es. The signs might be there, but they might be incoherent. The bus might have lifts for wheelchair­s, but the sidewalks leading there are cracked and broken.

“I want people to have opportunit­ies that I necessaril­y didn't have growing up,” said Joiner, 28, the assistant program coordinato­r at the National Federation of the Blind of Texas. Joiner came of age alongside the Americans with Disabiliti­es Act, the legislatio­n that makes signs such as those mandatory.

Today marks 30 years since President George H.W. Bush signed the ADA into law on the White House South Lawn. The act was monumental at the time, and it aimed to solve the obstacles faced by people with disabiliti­es in their day-to-day lives. The law bans discrimina­tion in areas such as employment, public services and transporta­tion because of a disability. It also requires government programs and services to be accessible to those with disabiliti­es. For the estimated 61 million American adults, or 1 in 4, who are categorize­d as having a disability by the Centers for Disease Control and Prevention, the ADA has helped this community enjoy the same rights and freedoms other Americans do — getting on a bus, working in an office, hearing a presidenti­al speech or staying in a hotel.

Three decades later, advocates continue that fight.

“Although we've made great strides in many aspects of American life, there is still so much more work that we need to do,” said Gabe Cazares, director of the Houston Mayor's Office for People with Disabiliti­es.

On Friday, the U.S. attorney's office for the Southern District of Texas announced settlement­s with five Houston-area property owners that had violated the ADA, and it said the properties will be monitored to ensure they comply.

This year alone, 4,751 ADA lawsuits have been filed nationwide, according to Chris Palamounta­in, an attorney at Seyfarth Shaw LLP's Houston office. The number is down from 2019, but Palamounta­in said that's likely because of the pandemic and that the numbers could rebound once businesses start to reopen.

While Palamounta­in said most recent lawsuits in Houston involve website accessibil­ity, disability advocates in the city also focus heavily on transporta­tion accessibil­ity — and have for more than 40 years.

It's a story that is told often: In the mid-1970s, Lex Frieden and a group of young Houstonian­s with disabiliti­es would get together and talk about the discrimina­tion and challenges they faced. Every place they met, they were cultivatin­g an idea to demand change.

“It happened on the back porch over a beer on Friday afternoon, it happened in the lunchroom on Wednesday after class, it happened in the yard outside the campus building at (the University of Houston),” said Frieden, who is now a professor at UTHealth.

Then came organized meetings at the back of an IHOP or a Denny's. Eventually, Frieden, who suffered a spinal cord injury after a car accident during his freshman year in college, and a group of at least 30 others decided to stage a public demonstrat­ion. They wanted to show how inaccessib­le public transporta­tion, city buses, were for people with disabiliti­es.

When Houston Mayor Fred Hofheinz was promoting the city's transit system in 1978 through free rides on city buses, Frieden and others lined up. Getting on and off the buses posed an issue for those in wheelchair­s, and the camera crews didn't miss a beat.

“The mayor disappeare­d real fast,” Frieden said.

It took Houston 13 more years to get accessible buses, but when it did, Frieden said, it was one of just two cities in the country that made this kind of change.

Frieden's continued his fight on the national level, working on the National Council on Disability and a 1986 report it produced that set the groundwork for the ADA.

Frieden continues that advocacy, serving as a member of the Metropolit­an Transit Authority's board of directors. He said that over the years, investment from political leadership and local disability activist groups, as well as Houston's diverse culture, have helped the city sustain momentum.

Transporta­tion poses a challenge across the entire state and is a major ADA issue Texans with disabiliti­es face — a product of the state's sheer size and vast rural swaths. While its cities have worked to make public transporta­tion accessible, those services are not always available in smaller towns.

Across Texas, 80.6 percent of people drove alone to work, while 10.2 percent carpooled and just 1.4 percent used public transporta­tion, according to a 2018 American Community Survey.

“When you're in a small town and you don't have a bus system, and you can't drive because of a disability, it's difficult,” said Brian East, a senior attorney at Disability Rights Texas.

The ADA's 30th anniversar­y also comes as the nation is dealing with the coronaviru­s pandemic, which Cazares said has highlighte­d existing disability rights issues and created challenges.

About 43 percent of COVID-19 deaths in Texas have been among residents in nursing homes and assisted care facilities, according to the most recent data from the Texas Health and Human Services Commission. Hastily made websites do not always keep in mind the needs of people with disabiliti­es. Social distancing signs and requiremen­ts can be hard to navigate. Texas polling places are not always accessible, and the alternativ­e — mail-in ballots — pose their own issues.

Yet the pandemic has helped with some hurdles — many employers are more amenable to work-from-home scenarios, and access to telemedici­ne has expanded.

Cazares is hopeful that the future will hold further progress.

“As we continue to collect lessons learned from the pandemic, people with disabiliti­es won't be excluded because we are part of these communitie­s,” Cazares said. “We're students, we're workers, we're parents.”

 ?? Hadley Chittum / Staff photograph­er ?? Lex Frieden moves along the sidewalk in his Houston neighborho­od. He was instrument­al in the writing of the Americans with Disabiliti­es Act, which was signed into law 30 years ago today.
Hadley Chittum / Staff photograph­er Lex Frieden moves along the sidewalk in his Houston neighborho­od. He was instrument­al in the writing of the Americans with Disabiliti­es Act, which was signed into law 30 years ago today.

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