I am writing this out of my great concern to respond what Congress wants to pass so-called The Americans with Disabilities Act (ADA) Education and Reform Act of 2017 [H.R. 620] this coming Thursday, September 14th. From the moment of its passage in 1990, it has quickly reached an unprecedented global scope, overwhelming the human rights formed by Deaf people because of Deaf President Now (DPN) in 1988 to the waves of marginalized people from shore to shore in America upheavals of earlier decades.
ADA became important for everyone including Deaf people and Disabled people. The doors were open. They were left out for generations. It reminds me of a movie called Music Within based on a true story. Richard Pimentel who lost his hearing during war in Vietnam then comes home and became oppressed after that then he became a disability rights advocate. One scene where he and his friend in a wheelchair went into a restaurant in Portland, Oregon and the waitress asked them to leave because they were not “standard” people according to a law called “Ugly Laws” so controversial that made people hate people who had disabilities.
The law continued to practice for almost 100 years from late 1860s until 1970s– several American cities followed the law where people were “unsightly” or “unseemly” to appear in public then it was removed from the law books. ADA of 1990 recognized the growing pain of ugly laws and gave those people with disabilities to have rights. No more hatred. Sandra Fredman in her book, Discrimination Law in 2011, writes:
Individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to participate in, and contribute to, society.
Tyler Ray, Americans Civil Liberties Union [ACLU] Washington Legislative Office and Vania Leveille, Senior Legislative Counsel writes on September 6, 2017:
H.R. 620 would completely change the way in which a business is required to comply with the ADA. Instead of requiring that a business comply proactively, the bill would place the burden on the individual who is being denied access. This bill proposes that after an individual with a disability is denied she must first notify the business owner, with exacting specificity, that her civil rights were violated, and then wait for six months to see if the business will make “substantial progress” toward access, before going to a court to order compliance.
The key word: “would place the burden on the individual who is being denied access”—isn’t that the same thing that applies to so-called Ugly Laws? The civil rights would be violated in the highest sense of oppression. The disabled people are at a higher risk of rejecting in a bias-motivated attitude. Why should Deaf people and disabled people suffer and deal with Eighth Amendment “nor cruel and unusual punishments inflicted.” in the United States Constitution?
As bad as Congress brought the idea about wanting to pass unlawful H.R. 620, we must remind ourselves that the old-school politicians have since the last removal of Ugly Law in 1970s, at least moved in the direction of making strongest effort possible, through the eyes of public policy, to reduce inequality for Deaf and disabled people. We must also be aware of 1964 Civil Rights Act, and ADA that has carried the legacy in our society to keep and protect the rights of all our citizens. No matter what the cost is. The H.R. 620 is unconstitutional and inhumane!
Copyright © 2017 Jason Tozier
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Fredman, Sandra (2011). Discrimination Law [2nd ed.]. Oxford: Oxford University Press, p. 96.