Feb 102006
Legal Affairs recently hosted an on-line debate regarding the future of the ADA and the disability rights movement in general. The participants were Ruth O’Brien, professor of political science at City University of New York, and Sam Bagenstos, professor of law at Washington University and one of the attorneys who represented Tony Goodman in the recent Georgia v. Goodman Supreme Court case. They look at the relatively narrow decisions the Supreme Court issued in the Lane and Goodman cases and discuss whether the ADA is expanding. As Professor Bagenstos points out, both decisions technically represent victories for the disability community, they don’t address many of the day-to-day challenges that people with disabilities confront. Corner stores are still inaccessible, most movie theaters don’t provide audio description or closed captioning, millions of people with disabilities don’t have access to public transportation, and affordable, accessible housing is nonexistent in many communities.
I think the disability rights movement is in a defensive posture at the moment, which is hardly surprising given the current political climate. It’s nearly impossible to promote further integration for people with disabilities when the small degree of progress we have made is constantly under attack. But the pendulum will inevitably swing the other way and we have to be ready for it. The ADA, while an important piece of legislation, is only a partial fulfillment of the promise of a truly accessible and equitable society. We need to find common ground with all of the issue groups that want affordable health care, quality education for all kids, better public transportation, etc. We need to work with these groups on selling these policies to the public as part of a comprehensive vision. We need to show how these things benefit everyone, not just the oppressed or underprivileged. In short, we need to start seeing ourselves as part of a larger movement for social justice and civil rights.
It frustrates me when disability activists get skittish about allying themselves with other advocacy groups. We expect everyone to be sympathetic to our concerns, but I’m not sure we always return the favor. If we are really serious about pushing for this vision of a more accessible society, we can’t get there alone. We need other groups to tell us, “We’ve got your back.” More importantly, we need to give them a reason to say that to us.
