July 1 marks the first day of Disability Pride Month and yet, to many, the rights disabled Americans celebrate are more precarious than at any other time in recent history.
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THE NEWSPAPER POSITIVELY FOR, BY & ABOUT THE DISABLED
JUNE 1999 VOL. 5, NO. 1
[Headline] THOUSANDS RALLY IN DC
[Subheading] Activists Gather as Supreme Court Examines ADA
By T.K. Small
A rally of more than 3,000 people with disabilities, committed to preserving the scope of the American with Disabilities Act, descended upon Washington in the shadow of the U.S. Capital on May 12.
The rally was organized by American Disabled for Attendant Programs Today (ADAPT) and a broad coalition of national and local disability rights groups, including New York's Disabled in Action, who had 39 members travel down to Washington.
The experience was empowering and eye opening for many members in our group," said Anthony Trocchia, an organizer of the New York City" contingent.
The rally featured two noted politicians: Governor Richard Thornburg (R) of Pennsylvania and U.S. Senator Tom Harkins (D) Governor Thornburg began his re-marks by quoting what former President George Bush said as he signed , the American with Dis-abilities Act (ADA) "Let L3 the shameful wall of dis- i crimination come tum-bling down."
Other speakers included Justin Dart, Bob Y. Kafka, Mike Auberger and civil rights leader Wade Henderson.
"People have rights, not states," said Dart. "America stands for freedom — for all people...Distinguished Justices, listen to the heart of America. Free our people."
The rally was prompted by a number of cases before the Supreme Court, most notably Olmstead v. L C. & E. W. The Supreme Court has been particularly active this term, reflecting the fact that the full dimensions of the ADA remain uncharted after nearly 10 years on the books. There have been five cases heard in all four of in which the court is being asked to determine the basic scope of how far the ADA can be used in protecting people from discrimination in employment.
In the Olmstead case, the Supreme Court will address the _ states' responsibility for providing treatment in the most integrated setting, as required by Title II of the ADA, for two women from Georgia with mental retardation and mental illness. The case is seen as a potentially defining point in disability law because the State of Georgia is arguing they can simply ignore the integration requirements of the ADA because it is too expensive.
"If the court can't recognize these basic human rights, we must continue to fight," said Stephanie Thomas, national Adapt organizer. "Victory will be ours."
The case is part of the continuing struggle over the meaning of the sweeping yet vague dis-ability law Arguments given for the State of Georgia describes the Justice Department regulation as an unwelcome and unauthorized Federal intrusion into state prerogatives. People with disabilities have described the case as the Brown v. Board of Education of the disability rights movement.
In addition to rallying in support of the ADA, the gathering marked the beginning phase of ADAPTs effort in getting the Medicaid Community Attendant Services & Supports Act (MiCASSA) introduced into the current session of Congress. The legislation, if approved, would give the individual the right to choose whether financial aid would be spent in an institution or unity-based set-ting. Copies of the revised legislation were given to everyone, and they were encouraged to speak to their elected officials.
[image]
[image caption] Disability advocates march in a
"Don't Tread on the ADA" protest.
[text continues] Sen. Harkin, who began his speech in sign language, inspired the audience with the message that the "time for MiCASSA is now! Don't take "No" for an answer."
"The 'Don't Tread on the ADA' rally concluded with all participants marching in single file from the Capital building over the Supreme Court. Six people wearing black hats and carrying a coffin led the march. There was also a large wooden cross with a wheelchair hanging from it.
When the thousands assembled at the Supreme Court, there was chanting and cheering for equal rights. Next came a heartfelt rendition of "We Shall Overcome," followed by a moment of silence for the 467 who die each day in institutions.](https://npr.brightspotcdn.com/dims4/default/3b1cc20/2147483647/strip/true/crop/914x1242+0+0/resize/840x1142!/format/webp/quality/90/?url=http%3A%2F%2Fnpr-brightspot.s3.amazonaws.com%2F15%2Fb7%2F874a796947ea9650b8691bcac6a0%2F20190909155314-c04e4581-xx.jpg)
This week on the Disabilities Beat, we look at how a recent Department of Justice memo challenges a disabled person's right to live as integrated into the community as possible. We also dive into how activists, experts, and state officials are responding in New York.
The header image for this story is from the American Disabled for Attendant Programs Today (ADAPT) Museum, showing a news clipping from when thousands of disabled people rallied in Washington, D.C. in May 1999 as the Supreme Court weighed Olmstead vs L.C. The decision on the case ultimately affirmed integration for disabled people. According to the article, New Yorkers from Disabled in Action were in attendance at the "Don't Tread on the ADA" protest.
TRANSCRIPT
This rush transcript was produced by a contractor and may be updated over time to be more accurate.
Emyle Watkins:
Hi, I'm Emyle Watkins and this is the Disabilities Beat. Today marks the first day of Disability Pride Month and yet, to many, the rights disabled Americans celebrate are more precarious than at any other time in recent history.
Julie Farrar:
I really want to say that when disability rights are under attack, we roll up and we fight back.
Emyle Watkins:
Those words are from activist Julie Farrar as she held a sign reading "Disabled People Against Fascism" during New York's Most Integrated Setting Coordinating Council meeting last week.
Brian Flannery:
DOJ is trivializing that history and the experiences of so many that drove Congress to act in the first place.
Emyle Watkins:
Brian Flannery from Independent Living Inc.
Brian Flannery:
But DOJ doesn't get to write our history.
Emyle Watkins:
Farrar, Flannery, and others spoke out before the state council responsible for ensuring a disabled person's right to live in the most integrated setting possible. After a recent DOJ memo, that right appears challenged.
Michael Rembis:
Essentially, what this memo says is that states have the right to institutionalize people.
Emyle Watkins:
Michael Rembis is a history professor at the University of Buffalo, an author, and an expert on institutionalization. He says that, until this point, there had been continual progress towards disability rights.
Michael Rembis:
This administration is exceptional in the sense that it is working to really roll back the clock 60 years and to put us back to a place where states have the power, as they did in the eugenics era, to institutionalize disabled people indefinitely.
Emyle Watkins:
The Department of Justice memo released on June 18th challenges the integration mandate, which is a disabled person's right to live as integrated into their community as possible. This mandate is supported by federal law and the Olmstead Supreme Court decision from 1999. The memo argues states don't have to provide services that allow people to live outside an institution in their own communities.
Harvey Rosenthal:
It's very heartbreaking.
Emyle Watkins:
Alliance for Rights and Recovery CEO Harvey Rosenthal is a person in long-term mental health recovery and has been advocating for people with mental health conditions for over 50 years. He's seen the laws and cases affirming this right come to fruition.
Harvey Rosenthal:
Again, when I started, we were closing state hospitals, moving hundreds of millions of dollars into the community to grow peer support services and other services. We were creating models and proliferating them.
Emyle Watkins:
The state's Chief Disability Officer and its office for People with Developmental Disabilities Commissioner were quick to comment on the memo. However, the governor didn't provide any assurances for a week, until BTPM NPR reached out to her. This silence, along with the state's slow moves to update a plan protecting the integration mandate, controversy around the state's largest home care program, and where New York has and hasn't spent money on disability services has led people to question its commitment to the right, especially if this right will soon be left up to the state.
Willow Baer:
While there is no immediate legal impact in New York, everything is at stake and we understand that.
Emyle Watkins:
However, OPWDD Commissioner Willow Baer, who spoke with BTPM NPR last week, says much of this right is already codified in New York
Willow Baer:
And are absolutely committed to continuing to make sure that services in New York State are delivered in the most community-based setting possible.
Emyle Watkins:
There's concern, but residents should know there's no immediate change.
Willow Baer:
In New York State, nothing changes immediately. I mean, I think what is concerning is the potential for people to use this new interpretive memo to start rolling back some of the federal enforcement activities, and enforcement drives policy and drives funding.
Emyle Watkins:
While no foreseeable impact may be ahead in New York, advocates and experts say they will be staying vigilant.
Michael Rembis:
I don't think we can ever assume that the state legislature and the governor are going to act in disabled people's best interests, and we all need to remain vigilant, we need to remain informed about what was going on in Albany, and we need to continue to reach out to our state representatives, and to the governor, and to nonprofits, and to everyone else that we can think of to continue to enforce the idea that it is absolutely critical, it's essential that disabled people have access to the supports that they need to live in the community and to remain in the community.
Emyle Watkins:
For more on this story, visit our website at btpm.org. I'm Emyle Watkins. Thanks for listening.
