Sunday, April 12, 2009

The Lack of Progression by the Disabled Community

A. Diversity of Disabilities
B. Utilization of the Americans with Disabilities Act and other Programs
C. Communication and Networking within the Disabled Community
D. Social Grouping and Upbringing
E. Understanding Vs. Respect




__________________________

We who love democracy must stop being spectators and start being leaders.
- Justin Dart, Father of the ADA



Let's see action
Let's see people
Let's see freedom
Let's see who cares
- The Who
_________________________




Often when I’m faced with a barrier due to my disability I ask myself why am I having such a difficult time? I’m not the first person with a disability. People with disabilities have been around since the beginning of mankind.

As I read Tom Brokaw’s book Boom! Voices of the Sixties, part of the answer slowly came into focus. In his book he writes a brief summary of how groups organized themselves to fight for their rights, African Americans and Women etc. These people became enlightened and pushed forward in the time of the Sixties. There was a group Tom forgot to mention though, people with disabilities. I’m sure there were many in the fight for rights in the Disabled Community, but two names that come to mind are Ed Roberts and Justin Dart. I was also inspired to write by a few chat discussions on an online website, Disaboom.




A. Diversity of Disabilities

I believe the reason the Disabled Community is not as strongly united as it could be is that the group is large. There’re over 50 million people with disabilities in the USA as of 2008. The Disabled Community certainly has power by numbers, but the problem is that the range of disabilities is too wide. Every disability is different and each person has different needs. It’s hard to state a creed to cover it all when the range of disabilities is so wide, even though I believe people with disabilities can agree on a few things. For example; Equal access to public buildings, equal job opportunities and public transportation access. I’ve heard an interesting thought about the Disabled Community from somebody that was alive during the Sixties. On the Disaboom.com chat board somebody mentioned in the past when the fight was new, the focus was to tackle the big issues. Now, a person with a disability may be only inclined to advocate if a barrier pertains strictly to them. That isn’t productive. I urge the Disabled Community to come together and decide on a basic idea of what they want to accomplish, so their fight can be more unified.

The range of certain types of disabilities is too vast and complex to list. One person can have multiple disabilities. Some disabilities are so mild they can go undiagnosed. Or a person with a disability can be misdiagnosed. There are a large number of people, who’s disability is so mild it’s not noticed at all. It’s all very complicated and I believe it plays a factor on the unity of the Disabled Community. Some people may be so mentally disabled their voice is not or cannot be heard. This group of people with severe mental disabilities may be lucky to have another person or family member to be their advocate. I often wonder as I’m writing my disability advocacy letters when I face a barrier, who speaks up for the huge group that can’t speak at all? The Disabled Community is large, but how many are secluded behind an invisible wall because they can’t communicate? Is this group a weak link in the chain? How can people with severe mental disabilities become more empowered?


B. Utilization of the Americans with Disabilities Act and other Programs

When George H. Bush signed the Americans with Disabilities Act (ADA) into law in 1990 he said, “Let the shameful wall of exclusion finally come tumbling down.” I gathered from the tone of his speech, that the ADA wasn’t the solution to all of the Disabled Community’s problems, but only a tool to be used to achieve equality. That day in July the ADA was born, like a seed it would take time and need nurturing to grow. I believe the Disabled Community needs to keep a vigil watch and see to it that the ADA doesn’t crumble but strengthens over time. The ADA wasn’t given as a gift to the Disabled Community, people fought hard for it. It was the result of long and arduous struggle by people with disabilities who organized across the nation. People with disabilities have a responsibility protect the ADA.

I believe everybody with a disability should become knowledgeable about the ADA. My local Independent Living Center has workshops regularly to teach people about the ADA. The workshops are open to all the community, not just people with disabilities. The first thing that goes through my mind when I face a barrier having to do with my disability is, I wonder what the ADA has to say about this? Sometimes I know how my problems pertain to the ADA, but sometimes I ask others because I’m not an expert. The ADA is the most powerful tool when advocating, so it’s important to know it well. In my opinion the ADA is not nearly as strong as it should be. Also, I feel because there are constant changes to it the Disabled Community needs to be better aware. News of changes trickle far too slowly out into the Disabled Community. This is a problem. The ADA needs to be watched very closely by whom it is attended to help. I hope the Disabled Community unities to create a faster more efficient way of spreading news regarding the ever-changing ADA.

The justice system I’m told is clogged with cases involving the ADA. In my opinion, few lawyers want to take on ADA cases because there’s little money to be made. The ADA regulations are not black and white. I feel there’s too much gray area in the ADA. This leads people to make decisions as they see fit. When this happens, people will claim to have followed the ADA. In some instances the ADA is followed, but problems still arise because the ADA isn’t as strong is it should be. It makes me angry to see these gray areas and loopholes abused. Rather then librating the Disabled Community, the holes in the ADA hinders progress. Society will use this weakness in the ADA to twist the law to their own benefit rather than help people with disabilities.

New construction today is supposed to include access for people with disabilities. There are guidelines to follow to allow for access, so one would assume worries for people with disabilities would be over. Sadly, they are not. Even with these new guidelines things are not perfect. Often faults go unnoticed until construction is done and it’s not until an actual person with a disability is on site that problems with access surface. As I said before, the ADA is not perfect, there is much to be improved upon. Then there’s an issue of access to older buildings. The owners may claim the building falls under a Grandfather Clause as a quick way to skirt the cost to make a building accessible to people with disabilities. But a Grandfather Clause does not exist in the ADA.

I encourage people with disabilities to get out of their homes to see and be seen by the able-bodied population. As I’ve stated before, there’s power in numbers and the group of people with disabilities is over 50 million. I feel people would become more aware of how large the Disabled Community is if people with disabilities would get out of their homes and into their community more frequently. However, some people with disabilities stay home because there’s little or no access. I believe if more of the Disabled Community were seen in public, the demand for access would become more obvious and the needs for improvement would be more apparent. It’s a type of chicken or the egg situation. What is causing the seclusion of people with disabilities?

Just as there are problems with the ADA, there are problems with services and programs people with disabilities depend on. There have been many attempts to reform and improve these programs over the years. These programs and services are meant to help, but actually leave minority groups in a state of perpetual need.


To read the rest, please visit: http://www.ivykennedy.com/letters/paper.htm