Pittsburgh Post-Gazette

Dick Thornburgh is awarded for his work getting the ADA through Congress.

- By Mackenzie Carpenter Mackenzie Carpenter, mcarpenter@post-gazette. 412-263-1949.

On a hot summer day nearly 25 years ago, people with disabiliti­es were at last made equal citizens under the law — “the personal, daily equivalent of the fall of the Berlin Wall,” wrote Washington Post columnist Mary McGrory.

And it was in no small part because of Dick Thornburgh, who will be honored this week at the National Council on Disability’s meeting at the University of Pittsburgh.

The former two-term Pennsylvan­ia governor, then U.S. attorney general in 1989, had been enlisted by the George H.W. Bush administra­tion to negotiate with Congress over legislatio­n that eventually became the Americans with Disabiliti­es Act.

Mr. Thornburgh, now 82, was probably the ideal choice to help broker a deal. He was the father of a son with disabiliti­es — his son Peter suffered brain damage in a 1960 automobile accident when he was 4 months old — and he and his wife, Ginny, had deep connection­s with the disability advocacy community. A lawyer by training, a former governor and a loyal Republican, Mr. Thornburgh was asked, as he put it in a recent interview, “to be the point man to shepherd this through, to make sure we were all singing from the same sheet music in the administra­tion and take a reasonable approach — not one that was radical or off the charts, but one that all sides could agree with.”

The ADA, Mr. Thornburgh would explain to his fellow Republican­s, “was a different kind of civil rights bill — not based on quotas, preference­s or set-asides” but one that stressed independen­ce while removing barriers in the workplace, transporta­tion, public accommodat­ions and telecommun­ications. Mr. Thornburgh hammered that point home in hearings before the House and Senate in May 1989, urging a cost-benefit analysis to measure the burdens to business with the benefits of empowering persons with disabiliti­es.

Negotiatio­ns began on July 27 of that year in the office of Republican leader Robert Dole, who’d suffered a war injury. Also present, beside Mr. Thornburgh, were White House chief of staff John Sununu, Sens. Edward Kennedy, Tom Harkin, Orrin Hatch and numerous congressio­nal aides.

Critical sticking points included the size of businesses subject to the law’s discrimina­tion provisions; standards for providing “reasonable accommodat­ion” in the workplace; punitive damages in litigation; accessible transporta­tion, telecommun­ication and other public accommodat­ions.

After concession­s on both sides, an agreement was reached and passed the Senate on Sept. 7.

Then the legislatio­n went to the House, winding slowly for months through four committees. Delays prompted advocates to stage a “Capitol Crawl” on March 12, 1990, literally dragging themselves up the Capitol’s 83 front steps — much to the consternat­ion of members of Congress. Perhaps apocryphal­ly, advocates today call that action the tipping point for passage in the House on May 22. A final version was passed by the Senate, and it was signed by President George H.W. Bush on July 26, 1990.

“This was a very bold and radical undertakin­g at first look,” said Mr. Thornburgh, “but it proved to be a triumph of reason over emotion.”

The triumph was shortlived, at least in one area. Hopes that the new law would reduce unemployme­nt, increase consumer spending and raise tax revenue were dashed in 1991 when a weak economy and job cuts discourage­d employers from making the kinds of accommodat­ions needed to employ people with disabiliti­es.

“The one tragic shortcomin­g” of the ADA was “the failure to reduce the unemployme­nt rate among people with disabiliti­es,” Mr. Thornburgh said. A 2012 Cornell University study estimated that only about a third of 18.9 million people with disabiliti­es are employed.

Mr. Thornburgh’s own son Peter has a full-time position with the Food Bank of Central Pennsylvan­ia, he added, “with all the joys and challenges any of us have with our daily jobs.”

Nonetheles­s, his disappoint­ment about continuing high unemployme­nt is palpable. “We were a trifle naive in thinking that these advances would follow as a matter of course after the enactment of legislatio­n.

“The big change is yet to come,” he said. “I’m not negative or discourage­d. I’m impatient.”

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