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20 Years of the Americans with Disabilities Act
Disability rights activists say the importance of the 20-year-old ADA is hard to overstate. The law prohibits discrimination against people with disabilities in most areas of public life, from employment to public services. But many are also quick to point out that the act has been more successful in some areas than others. Parking and transportation are good examples of success. However, the unemployment rate for people with disabilities remains high — and a huge percentage of people with disabilities are not even in the workforce to be counted!
One example of the law's success is a young woman named Emily Holmes. She's what many people might think of as just another active Northwesterner. She's in her late 20s with a full-time clerical job. She also volunteers a lot of hours to a non-profit near and dear to her heart. She says she makes a big mess when she bakes. And she hikes, rock climbs and goes camping whenever she can. What you might never guess from talking to her is that Emily deals everyday with five different mental disabilities.
It's true she's employed, which makes her part of a minority within the disability community. But most important of all, her expectations have always been that her needs will be accommodated. She doesn't see her Tourette's or other disabilities as things that need fixing or apologizing for — that's just how life is for her. She deals with it, and expects that others will naturally do the same.
That, say disability rights activists, is exactly the kind of social and cultural shift the law was intended to produce.
Do you live with a disability? Do you work with or employ people with disabilities? What has the ADA meant to you? What areas if any do you think the law needs to go further in? Are there areas where the ADA has gone too far?
GUESTS:
- Richard Pimentel: Disability rights activist whose efforts helped pass the ADA; his life story was chronicled in the 2007 movie, Music Within
- Bob Joondeph: Executive director of Disability Rights Oregon
- Peter Wigmore: Retired special education teacher who lives with a physical disability
- Emily Holmes: Active participant in Emerging Leaders Northwest who lives with mental disabilities
Tagged as: ada · disability rights · politics
Photo credit: Sakurako Kitsa / Creative Commons
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Jacob,
You make a wonderful point about how few people you observe with the placards have a physical disability. But you might have missed some points. #1 you are only one person observing one location at a time. #2 Invisible disabilities are real, legitimate and are simply not an observer's responsibility to diagnose or to notice or to judge.
Oregon allows drivers with certain vision, heart, lung, and bowel conditions to rightfully have a placard. These are likely invisible to you, the observer who cannot feel that driver's body. Chronic pain and fatigue conditions in others are invisible to you. I could go on, but the issue is between the driver and that person's medical providers to determine if the placard is deserved and will help the person engage in society. It is not between the observer and their generalizations about what it might be believed people have, have the right to, or what they do.
Yes, some people misuse the placards, possibly on a chronic basis. But instead of making up stories, why not strike up a conversation and find out if they are abusing the public service or not? Why not leave a note on their dashboard? There are actions that can be taken if someone is truly abusing this important service. But please know that action is not imagining we know what any other person's life is like and lumping individuals together into a group we can then decide to resent.
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Several years ago my wife and I had a rude awakening to the difference the ADA makes, one that's hard to understand unless one has lived in a time or place without its coverage. Seven years ago I took a job at a Canadian university. Soon we realized our daughter was not developing normally, and eventually she was diagnosed autistic. The British Columbia health care system delegates responsibility for treatment to parents, who must apply for funding and vet providers and treatments on their own in a "market" with services ranging from scrupulously scientific to bizarre and fraudulent and not well regulated. Our school district at first seemed to engage our daughter's problems, but two months into kindergarten her teacher, principal, and district superintendent informed us that, because of cuts to provincial and federal funding, they no longer had the resources to teach our daughter. They "offered" us the "option" of promoting her with her cohort, but she "would probably not earn a certificate." Other parents with disabled kids called this the "non-diploma track," and noted that it was a fairly standard experience in Canada. The reason? Canada has no duty-to-teach laws; there is no equivalent of the ADA. We figured two months into kindergarten was a bit early to give up on a kid, so we studied a broader array of options and learned that the Beaverton School District has an extremely nuanced approach to learning disabilities and reliable funding. When their assessment team met with us, we immediately saw a difference in professionalism. The upshot is that we sold our house and moved to Beaverton, I now commute to my Canadian university, our daughter now reads and writes and is moving toward a true mainstreamed educational experience. This is what the ADA means to us, and we are eternally grateful to Senators Harkin and Dole.
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I listen to OPB at least 20 hours each week. On the 20th anniversary of the ADA, I can't help but think of all my deaf and hard of hearing friends who don't share in my love of OPB and NPR because they can't hear the radio. I hope today's show touches on the world of people with hearing loss. People with hearing loss constitute the largest group of people with disabilities. And yet they're not at the table today for this show, much less any other day of the week.
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I am a physician with MS. I recently returned to work in a wheelchair, eager to see my patients. When I announced my date of return to work, I was suddenly inundated with paperwork starting with the phrase "You have requested accomodations under the ADA", even though I had made no such request. The tone was legalistic and the papers sent by certified mail. Unable to drive, I worried intensely about the mysterious certified mail I couldn't pick up. When I received the mail, my relationship with my employer changed. The tone implied interest in the legal protection of the company rather than an interest to help me work with my disability. For the first time I felt threatened I could LOSE my job; I had to outline in exquisite detail exactly what accomodations I would need, which was virtually impossible without being back in the workplace to know what I needed. And it was made clear that I only "had to be accomodated" for 3 months.
The ADA made it possible for me to get on any bus, train, or streetcar in Portland to get to my job. It provided curb cuts at most (but not all!) street corners so I could get across the street. Unfortunately, it did not, and does not, encourage empathy. Those of us with disabilities work at 150% to perform our jobs at or above the level of our peers. However, we still face discrimination in job promotion, pay, and attitude. We are seen by employers as potential legal liabilities instead of individuals who overcome amazing obstacles every day. They should be proud to have us in the workplace because we bring perspective, grit, diversity and an incredible work ethic.
I'm sad to say that physicians are not compassionate about disabilities in their peers. For years I hid my MS because of my fear it would have prevented me from getting into medical school, residency, and fellowship. Unfortunately, that was a good decision on my part. There is a still an "us/them" mentality, the healthy whole doctor vs. the disabled patient. A disabled doctor upsets that dynamic. But who bettter to interact with patients then someone who has experienced the personal struggles of overcoming a disability?
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For several months I've thought about commenting on the use of language on OPB in regards to people with disabilities. I cringe when I hear reporters talking about "disabled people," or, in your mental health stories, "the mentally ill," or "bipolar people."
I think this is the perfect opportunity to talk about person-first language. The Americans with Disabilities Act uses person-first language. It is not the "Disabled Americans" Act. The language we use can seem like a simple thing, but the effecsts are enormous. No matter what kind of disability someone has, I hope we can look at people as PEOPLE first. I choose to talk about myself and others as "a person with...." vs. "a disabled person."
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Here! Here!
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The ADA leaves me conflicted... on one hand I see the good that it's done (I have a good friend in a wheelchair) and would surely appreciate this legislation were I ever to find myself disabled... on the other I see a burgeoning definition of what constitutes a disability and fear for the cost of the program.
Personally I don't know where to draw the line... the egalitarian approach is unaffordable while the utilitarian approach is a waste of human potential.
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Something that the ADA cannot and will not fix is that disabilities are indeed ‘disabilities,’ they are not ‘normal.’ They are not something we want, or ask for. And, they are definitely something we want to get rid of. Disabilities innately scare people, because they are scary!, they remind us of the frailty of the human body, and how easily it can become injured and diseased. No matter how much acceptance we ask for, or how many times we ask that disabilities are treated as if they weren’t there, we are asking for the impossible and the implausible, and we are also misguided in our philosophies. We have largely approached disabilities in this country, and talk about them, like we talk about race, as if someone with a disability was completely the same as someone without a disability. Being in a wheelchair and being able to walk freely are not the same thing, they are not even remotely the same thing. And for us to pretend that they are, is ridiculous and preposterous---and, if we take this course of action it would theoretically rid us of empathy. How can you feel empathetic if you have decided there is nothing wrong with someone?
What we need in this country, is not to pretend that disabilities don’t exist, or to accept them as something normal, but, we need to learn to accept these differences for what they are and show empathy towards the victims, not by pretending they are fully functional, and in a sense ignoring what is different about them---because that is really tolerance by immunity, not tolerance through understanding.
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I very much enjoyed hearing Richard Pimentel's definition of humor: tragedy plus time. My partner is a fully independent quadriplegic who teaches high school English in Lane County. He has an amazing sense of humor and wrote a moving and at times hilarious memoir about the accident that caused his paralysis. I highly recommend the book for those interested in this topic: Dear Marcus: Speaking to the Man Who Shot Me. http://www.powells.com/biblio/61-9781440155499-0
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I knew Art Honeyman. He was involved with students at the high school I went to (Adams High school) . He once challenged the students to a road race on the track. One student, Ben, accepted his challenge. They raced and Ben ran against Art as fast as he could. When Art crossed the finish line much later, all applauded. Art went up to Ben and they hugged and laughed. For me at 15 years old, I was appalled that Ben did not let Art win. Today I understand better what was going on.
This is an event I will never forget.
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Hello!
I wanted to bring up accessibility issues within the LGBTQ community and small community groups. I have dealt with various attitudes within the community when I bring up the lack of accessibility for an event. I think that when community groups plan any type of activity (panel discussion, musical event, workshop, poetry reading etc.) lgbtq focused or not, there must be time set in the organizing to ensure that the event is accessible.
I was part of a group of LGBTQ folks who organized a conference in 2007 in portland, OR that addressed this specific issue. The conference was spawned from a global queer event that was being hosted at a campground in Vancouver, B.C., that was not accessible and in general organizers did not think through the various needs of people in the queer community.
While organizing the conference I dealt with a variety of opinions about how we were "disrupting" the community by separating everyone into FOR and AGAINST. My stance was that the community had already divided when people can not attend an event, because it is in a space that is not wheelchair accessible, or there is not an ASL interpreter, or microphones for the speaker etc.
I know that when small groups are organizing it is often hard to gather supplies and afford ASL interpreters, but the resources are out there. For example, DHOR the portland based group, which can provide grants to groups for ASL interpreters (dhorpdx.blogspot.com/).
I am hard of hearing and have been to countless queer events, where I went to hear people in my community talk about their experiences, but then realize there is no microphone or the sound system gives out and there is no urgency to fix it.
I think it takes education, patience, flexibility and the time to really think through the planning of an event to make sure that as many people as possible can be there and in a safe and fun way! Thank you!
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I knew Arthur Honeyman, the man who was portrayed in the movie "Music Within." He could often be found down at the Portland Saturday Market. Ohhh what a character he was! LoL
I met him the first time by being my usual graceful self (ha ha) when I backed into him and tripped over his wheel chair. I could not apologize to him enough.... it's actually a long story but I ended up having a cup of coffee with him that day and it was the beginning of a very unique friendship. He was one of the most intelligent and witty people I have ever known.
I really enjoyed listening to the interview this morning with Richard Pimentel. What a powerful story that he and Arthur share together. I'm glad someone saw fit to tell it.
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Greetings! Sadly, I misssed the show today, but will listen to the re-broadcast tonight. A friend emailed me to check it out because my wife and I have started a charity with the goal of building an inclusive playground at Arbor Lodge Park in North Portland. We believe the ADA has not gone nearly far enough with regards to playground structures. The current playground structure at Arbor Lodge Park receives the ADA accessible stamp along with the side view logo of the stick figure in the wheelchair, when it is actually very far from an accessible play structure. All it took was a small ramp in the corner of the grounds which leads someone using a wheelchair into a pit of wood chips. Accessible? You can get down to that level, but even the strongest person would be quite challenged to navigate a wheeled device across those chips to get to the structure. Our daughter, Harper, is certainly unable to navigate to it. Even someone able to power across the chips to the structure would be very hard-pressed to make use of it at all. The structure offers a "transfer station" to help make sure that the park is following the letter of the law, if not the spirit of it. Our parks and school yard play structures are lagging far behind where they should be. If the park at Arbor Lodge truly has earned the "ADA Accessible" stamp, then the ADA is not written nearly stongly enough. In the meantime, we're taking matters into our own hands by fundraising to build an inclusive playground at our neighborhood park, Arbor Lodge Park. Check it out at: www.harpersplayground.com
Thanks,
Cody
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The Next Fight: Richard referred to the "hidden" disability. As the population ages, there will be more people with age-related disabilities, i.e. vision loss, hearing loss, strength and endurance. There is a movement, starting with a workshop in Washington DC at the end of September, to include low-vision in the ADA.
Why is this important? Currently energy codes restrict the amount of energy that can be used for lighting in commercial buildings and public spaces. As people age they require higher levels of light to see with the same acuity as a younger person (between two to three times higher). Unfortunately, the energy code is based on lighting needs of young people.
When low-vision is included in the ADA, it will be easier to make the case for higher light levels and better quality of light (eliminate glare and provide even and consistent light levels) in the workplace and public buildings for older people.
Currently the fight is on here in Oregon: The state is in the process of updating regulations for Memory Care Communities (Alzheimer's and dementia care units). Part of the new regulations addresses lighting quantity and quality to meet the needs of the residents (average age 70 - 85) of these facilities. Although, this sounds like common sense, some of the care providers are fighting against the lighting requirements, while others are in strong support of the changes. Marge Coalman, EdD, VP Wellness & Programs for Touchmark stated, "The greatest benefit in my opinion is realizing that a life so compromised by an unwelcome and uninvited dementia illness can be improved by something as simple as appropriate lighting."
We are hoping that common sense does prevail and that the State adopts the proposed regulations. If not, when low vision becomes part of the ADA, the argument will be over and all care facilities in Oregon and the nation will be forced to comply.
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I would like to add a few more thoughts to this discussion. I have been dealing with the ADA before and since it was passed into law. As a parent of a 48 daughter that has had a variety of special needs over the years as well as my professional involvement with reahab programs, Oregon Special Olympics, the Multnomah Athletic Club and senior retirement communities I have a very wide range of experiences and exposure to the Act.
I have watched the development of many environments that were built to ADA standards-or at least the architects and designers thought they were built to ADA standards. I have also watched owners of retaurants and other spaces which serve the public keep the square footage of their businesses just below the square footage requirements that would require compliance.
What stands out the most to me in the many years I have worked with the regulations is that they are not necessarily senior friendly. The ADA was really designed for handicapable younger adults, not older adults with a variety of age-related vision, hearing. mobility and cognitive impairments. If we limited the design in Touchmark communities to only meeting ADA requirements we would have settings where most older adults would not have the qualtiy of life we (Touchmark) try to provide.
At some juncture I would like to see a group of thoughtful, well trained professionals and the primary stakeholders-older adults with sensory and mobility limitations-draw up a list of what would make their lives work better to support their independence and well-being over the lifespan. Their ability to stay involved in the work force, the volunteer community, their churches and neighborhoods is important to all of us-and to them.
Surely with the demographics in the USA as well as most of our global partners the time to expand the possibilites for a successful aging process supported by senior-friendly design has come.
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I had a wonderful, low-risk birth a year ago at a Alma Midwifery. Whether or not I would have an out-of-hospital birth if I were high-risk, I don't know. However, I believe I should have the option to choose an out-of-hospital birth if I wanted one. The reason is this: hospitals births carry with them their own set of risks. I want to be able to weigh the risks myself (with education), and decide with my partner which set of risks to expose myself and my baby to.
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I wish I had been able to call in to this show (job schedule conflict). My one experience as an able person with the ADA was this: when I filed for divorce in the early 90's from my alcoholic husband due to domestic violence issues, my husband claimed to the court that because he was an alcoholic (his first time admitting it) he claimed exemption under the Americans with Disabilities Act from having to split the community property equally (divorce was in Washington, a community property state, and it was a long-term marriage). His very high profile very expensive lawyer made that work and the judge accepted this reasoning. My husband claimed he could no longer work due to his claimed disability of alcoholism. The judge bought that part, too. My husband claimed he had to have the high majority of the community assets to "support himself in his disability. Judge bought that one, too. Within two months of the divorce my husband was back to practicing law and soon became a lateraled-in partner in a prominent eastern Washington firm. It took seven years to collect the small amount I was awarded in the divorce and most of that went to pay my own attorney fees. My now-former husband is still practicing law, owns waterfront property and several nice cars and has a cushy retirement stashed away while ironically I am struggling still with a very modest existence which includes uninsured and uninsurable health issues - irony is that I am rapidly approaching true disability with those health issues. JUST ONE EXAMPLE how someone can manipulate the system and others with genuine needs are disenfranchised from what should be legitimate protection.
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Comments are now closed.
Try this experiment. Observe the Handicap Parking Spots near Pioneer Square Shopping Center, at PDX Saturday Market, or even the REI Outdoor Enthusiast's Store. Watch the persons who arrive and park there. Less than a half or even a third have any visible disability. The typical customer parking Handicap at the REI is a twenty-something hipster with his girlfriend swinging buy to get some titanium bike accessories.
When ever there is a privilege, there are abuses. The wealthy enclaves of PDX, Lake Oswego and West Hills, have stunning expensve import convertibles and sport sedans that have the 'to die for' accessory: a Universal Park Anywhere-Anytime Parking Permit, the Handicap Placard.
It is an entitlement that elites feel they deserved after enduring laproscopic knee surgery 7 years ago from a racquetball sprain. Others have successful pestered their family doctor that major depression, garden variety arthritis, attention defficit disorder, PTSD, alcoholism, hypertension, 'stressful' work, or obesity qualifies them as having physical disability and entitling them to handicap parking.
Would you be surprised that even capable politicians abuse this privilege?--drive thru city garage. Other states do have special privilege plates that enable parking advantages granted to rock stars, media people, doctors, fireman, policeman, politicians, diplomats and special chauffeur service. If we had these, people would not have to pretend to be handicap just to be able to park free and close. Perhaps they should pay a $$$ premium to be able to park like a VIP in downtown.
This daily mockery of the Handicap Privilege is sowing the seeds for public disillusionment of what would be a just and deserving program. It needs to be CLEANED UP AND POLICED. Misused placards should be confiscated. Use the 5 year old test: the common sense of a kindergardener should be able to view and judge a physical disability. Hoping out of your BMW convertible like the Dukes of Hazzards for munchies at Voo Doo doughnuts is not disabled.