Private: The ADA and the Path to Equal Opportunity

By Emily Benfer, director of the newly created Health Justice Project and a clinical professor at Loyola University Chicago School of Law. Benfer authored an issue brief on amendments to the ADA available here.

In honor of the 20th anniversary of the enactment of the Americans with Disabilities Act (ADA), the Senate unanimously passed S. Res. 591. The resolution describes the prejudice and discrimination faced by people with disabilities and the importance of the ADA to the provision of "equality of opportunity, independence, economic self-sufficiency, and full participation for Americans with disabilities." Sen. Tom Harkin, an original sponsor of the ADA who introduced the resolution, stated, "The ADA has broken down barriers, created opportunities and transformed lives."

It certainly has moved us away from the appalling pre-ADA past, one in which people with disabilities were forcibly isolated, institutionalized, excluded and socially outcast. As Senator Harkin recalled, people with disabilities were forced to crawl on their hands and knees to climb a flight of stairs. They lacked access to employment, education, public facilities, voting, and a host of other activities. They were subjected to intolerance and stereotypes on a daily basis. In sum, people with disabilities were denied the opportunity to fully participate in society - a form of exclusion that the society recognizes as discrimination.

We have made great strides in twenty years, opening doors to employment, civic involvement and public places. In fact, we have all benefited from the accommodations made possible by the ADA. Everyone - from people in wheelchairs to people pushing strollers or riding bikes - enjoys the assistance of curb cutouts at street corners. Thanks to accessible voting machines, our democracy is better informed and more just. Our workplaces and schools are more productive and ingenuous because of the diversity of experiences and ideas commingling in inclusive environments.

But our work is not finished. We must oppose any stalemate in progress and be vigilant, guarding against all attempts to narrow the scope of opportunity and protection. Such attempts are commonplace, as demonstrated by the need for the ADA Amendments Act of 2008. The ADA Amendments Act was necessary to restore the original broad scope of the ADA and overturn the Supreme Court's narrowing of it.

But it is very difficult to initiate social change through the legal system alone. If the cultural and social stigmas related to disability aren't addressed, the anti-discrimination purposes of the ADA will be thwarted. While the law can be pivotal, the social and political tools that elevate social consciousness must accompany it.

There will be no change in the treatment of the ADA and people with disabilities until Americans and opinion-makers are educated on the subject. The public should be educated about the realities, both historical and contemporary, of why protection from discrimination is needed, what our legal responsibilities are, and what forms of protection are available.

Social change also calls for coalition building. The ADA and the Amendments Act were interim victories - not the end of the struggle. Addressing deeply rooted barriers requires thinking about the universal aspect of the problem and others who might have the same kinds of concerns for developing a society that is inclusive, such as, women, gay people, racial minorities, low-income individuals and their supporters. In turn, new allies - like unions and businesses - could offer a different perspective.

Ultimately, we must recognize as individuals and a society that - whether or not we have a disability and no matter what makes us different - we are one people of merit, dignity and humanity. Once we embrace this, we can begin to recognize how much more we can achieve and how much further we can go.

Not too long ago, while hiking in Alaska, I came upon a woman in a wheelchair. She had traveled the mile-long dirt trail leading from the parking lot to the trailhead and was waiting at the steps of a small bridge. Aware of the steps that prevented her from continuing on her path, I asked if I could help. "I never thought I'd make it this far," she said. She smiled, "But I would love to see the other side of that bridge."

In celebration of how far we've come, let's strive together to reach the other side of the bridge.

For more information about the ADA or the ADA Amendments Act visit ArchiveADA.

Disability rights, Supreme Court