33 YEARS LATER: THE PROMISE OF THE ADA REMAINS UNFULFILLED

Since 1961, the Michigan Paralyzed Veterans of America (MPVA) has been on a mission to change lives and build brighter futures for our seriously injured veterans with spinal cord injury/diseases, and by extension, all Michiganders with a disability.

A monumental moment that opened opportunities for people with disabilities to meet our collective goal of accessing our communities fully and independently began with the passage of the American with Disabilities Act (ADA) in 1990.

ADA Makes History & Changes the Face of America for the Better

July 26, 2023 marks the 33rd anniversary of the ADA. When signed into law, the ADA was hailed as the most sweeping civil rights legislation since the Civil Rights Act of 1964. Thirty-three years after its passage, the importance of the ADA cannot be denied. It has propelled into the spotlight accessibility, universal design, and the ideal of equal opportunity for those of us who live with disabilities.

As society has become more aware and advocacy has developed since the passing of the ADA, the recognized definition of “disability” has been changing for the positive.  In the 1970’s, the concept of a disability referred to an underlying physical or mental condition, and was largely looked at through a medical model as solely an inability to function in some manner.

Today, disability is recognized as a complex interaction between a person and their environment. A person with paraplegia, for example, may be considered disabled due to their physical impairment, as well as by the barriers in the environment that prevent full social participation.

As public perception of disability has changed over time, so have the goals of programs supporting people with disabilities.  In the past, the emphasis was to provide support to people with disabilities primarily through benefits or through a medical focus.  Today, the emphasis has shifted to supporting independence and promoting involvement in all aspects of society. The latter ideal constitutes the promise of the ADA. We have come a long way, but there is still far to go to create equitable access to opportunities, rights, and quality of life for people with disabilities.

Our Fight for Access Continues, Grows

Disability is the only minority that anyone can join, at any point in their lives. It is an experience that will touch most Americans at some point during their lives.  People with disabilities come from all walks of life, in all colors, sizes, genders, and ages. Those of us living with disabilities bring something to the table–whether that be select skills or the resourceful perspective that is needed at every table in every function of society

Since the signing of the ADA much has changed: America has built environmental, transportation, and telecommunications infrastructure that is being transformed by the gradual approach to accessibility improvements, encouraged by the ADA. These changes come at a critical moment as America is aging and the demand for accessibility is increasing, however organizations like the MPVA continue to advocate for accessibility to be a priority in every initiative, before need outpaces access.

Because of the ADA, millions of Americans have grown accustomed to accessibility features when they are pushing strollers or pulling roller bags through public spaces, when they are watching captions in an airport, or when they are riding their bikes up/down curb cuts. And those access areas don’t begin to speak of the rights and freedoms that have benefited society as a whole, thanks to the ADA.

Prior to the ADA, millions of Americans with disabilities lived as second-rate citizens in a society where there were no laws to ensure access to allow them to benefit from the most basic freedoms most Americans take for granted.  People with disabilities who had traditionally been isolated, not only from mainstream society, but from one another, began coming together to speak out and demand an end to unequal treatment and to seek control over their own lives.

We must NOT BECOME COMPLACENT. We must continue to advocate and be consistently involved in making sure the ADA remains a living document. Returning to the past CANNOT not be an option!

The Work Ahead

MPVA President, Michael Harris, speaks from his wheelchair with Michigan’s Lt. Governor Gilchrest during the summer of 2023 as he advocates for disability rights and equality for veterans and people with disabilities in the state of Michigan. 

When analyzing the ADA, I would not characterize it as a complete success, but I would NEVER characterize it as a failure. It represents the MINIMUM of what our nation should be striving beyond to create equal access for ALL. I think it is an important piece of legislation whose promise has not been “fully realized.”  When the ADA became law, many people with disabilities assumed that the front door would be opened, and everyone would welcome us with open arms! Why wouldn’t they? However, as we know, this has not been the case.

We still have work ahead of us, especially for those of us in the disability community and our allies.  

There has been a growing misperception in the disability community that I would like to shed light on: OUR ELECTED OFFICIALS ARE NOT AUTOMATICALLY ENFORCING THE ADA JUST BECAUSE IT IS A LAW! State and local officials throughout Michigan do not have the authority to enforce Title III (Discrimination in Public Accommodation Access) of the ADA on behalf of the Federal government unless the Department of Justice certifies Michigan building codes.  The likelihood of that happening anytime soon is very remote.

It is for that reason that we become advocates in the communities we live in so we can provide insight on the issues that prohibit us from being active participants.  We need to work to create conditions and to establish policies/practices which facilitate the full integration and participation of persons with disabilities into all aspects of community life.

As I have benefited by the actions of the thousands of people who have come before me and advocated with me, it is up to all Michiganders to pave the way for those who will come after.  In advocating for our rights, disabled people must work to establish several important principles, two of which I will list here:

  • Advocate and bring awareness to allow people to be considered based on their humanity and on individual merit, not on stereotyped assumptions about disabilities.
  • Advocate for society to make necessary changes to ensure that people with disabilities can equitably access their communities without having to encounter barriers to access, whether that be architectural, societal or in equal pursuit of happiness.

We all know that the world is an easier place to get around than it was prior to the ADA, and our gratitude for the men and women who fought for its passing and enforcement can never, will never, be overstated. Stadiums, amusement parks, public parks, and theaters that would otherwise have been poorly designed, are now enjoyed by and accessible to all because we advocated. Rights, equality, and access to opportunities are guaranteed because we gathered together to demand what the Constitution granted us as an inalienable right.

 

It is obvious that the ADA has made a difference in the lives of so many.  But there are many others who still face barriers, barriers that man-made structures create and barriers stemming from people’s mindset and attitudes.  Those barriers took generations to create.  It will take continued vigilance and dedication to remove them.

As we celebrate the 33rd anniversary of this civil rights law, let us commit to redouble our efforts to identify and knock down the remaining barriers to full citizenship that continue to hamper the beautiful vision of the ADA. Working together, we can build on the progress of the last 33 years and create an America that celebrates and invests in the talents, dreams, and aspirations of its more than 61 million people with disabilities.

Leave a comment