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Refections on Olmstead and the ADA

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picture of the signing of the ADA

https://www.aapd.com/the-importance-of-disability-pride/

I found this article about Disability Pride. July 24th was the Anniversary of the signing of the Americans with Disabilities Act. We fought for 10 years to pass the ADA. Vesper Moore, whose statements about Disability Pride are featured in the article, reminds us that we achieved everything we have in the Disability Rights movement because we fought for it. Ironically, it seems like we are going backward lately, and it’s time to gear up for a fight.

It feels as if the people in power are trying to systematically dismantle most, if not all, of the services we rely on.  The documents coming out of the Justice Department mention that the disabled are not guaranteed the right to community living and they say the ADA was misapplied in the Olmstead decision. The purpose of the ADA is clearly stated here:  Americans with Disabilities Act of 1990, As Amended | ADA.gov.

A bullet point of the Congressional findings says: discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services.

I added the bold to institutionalization because it proves the Congress knew that institutionalization is a form of discrimination. Conservatives argue that the Feds cannot tell the states how to spend money. Justice Thomas in his dissenting opinion of the Olmstead decision says disabled people can be de-institutionalized when the states can afford it. The Olmstead case came about in the first place because individuals living in institutions were on long waiting lists to get out. For sure, the case was successful in 1999 because the arguments in favor included the economic reality that community living is less expensive than living in an institution, and the ADA clearly mentions ending this form of discrimination.

The little voice that always itches in the back of my head is screaming. Institutions are really about putting people away – out of sight. Sometimes even economic arguments have no sway against ableist attitudes and irrational fears.

The disability community must hold the line. Vote in November. A vote for change is a vote for our rights.

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