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Page Three
Hearing-ADA

consistency with past initiatives.

The scope of public accomodation

under the present legislation is, in my opinion, unrealistic. of a similar quixotic shade is the inclusion of "drug-abusers" as disabled persons.

In sum, I am dedicated to legislation that will mainstream disabled persons and help them empower themselves. It is my hope that that legislation will be the "Americans with Disabilities Act." I pledged my willingness to work for an acceptable bill with Mr. Coehlo, and I will continue to work with the bill's new

sponsor.

Thank you.

Mr. OWENS. Are there any more opening statements by members? We will proceed then with the statement from the chairman of the Congressional Black Caucus which usually does not support legislation or endorse legislation so far in advance.

However, because of the special nature of this legislation that parallels the civil rights movement, a request was made for their endorsement. I would like to note that all members of the Congressional Black Caucus are on the bill as co-sponsors. Chairman Ron Dellums has sent a statement of support which will be offered by a member of our subcommittee, Mr. Donald Payne.

STATEMENT OF HON. DONALD M. PAYNE, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY

Mr. PAYNE. Thank you very much, Mr. Chairman, and to Chairman Martinez. Before I give my statement, I might also mention, similar to Mr. Goodling, that I recently checked into a hotel and the hotel was all booked up, but the front desk manager said that there was only one room left and he apologized that it was a room for handicapped people.

So, once again, we see the stigmatization. We see the fact that people still have a way of making separate other people. The room was an adequate room. As a matter of fact, the room was more desirable than another room, but for this person to have to indicate with an apology that this is a handicapped person's room, I think, once again, shows the uphill battle that we have in this nation.

To our colleagues, Chairman Owens, and Chairman Martinez, the Congressional Black Caucus is pleased to offer testimony before this joint hearing on H.R. 2273, the Americans with Disabilities Act of 1989.

We salute your leadership on this most critical of issues for we come as proponents of a movement, as patriots in this struggle for decency and human dignity. As a member of the House Subcommittee on Select Education, it is an honor and special privilege to have been asked to make this presentation on behalf of the Congressional Black Caucus.

Twenty-five years ago, the Congress of the United States gave America a vehicle which changed the course of history. The passage of the 1964 Civil Rights Act made justice and morality the cornerstones of American democracy. Today we begin another trek toward equality.

Many have traveled a tortuous road in coming to this moment and on their behalf this Congress shall make critical decisions which will determine the quality of their lives far into the future.

This institution stands on the threshold of infinite possibilities, and we must not be reactive nor have historians write that we sat at the tail end of this struggle for justice. Rather, it is our duty and the commitment of the Congressional Black Caucus to champion and challenge this Congress to protect and advance the rights of those who some define by their disabilities-yet whose abilities we know have no bounds.

Those who sit in this room, who face the constant challenges of disabilities have an absolute understanding of what it means to be

"at-risk." Let us not build hurdles to imperil their future by our failure to enact this legislation.

We, the members of the Congressional Black Caucus state here our unanimous and unequivocal support for the passage of this Civil Right act for Disabled Americans. We affirm our mutual kinship and interdependence as cohabitants of this land and we pledge to work toward the immediate passage of these guarantees.

As beneficiaries of the 1964 Civil Rights Act, we understand the legacy that comes with an appreciation for the universality of the human condition and the sharing of a common destiny. While the will of the majority prevails, circumstances forge a special alliance among those who have suffered injustice.

As African-Americans we have learned never to be intimidated because one is in the minority on an issue which you know to be right. This lesson we repeat for those who join us as advocates in seeking passage of these civil rights measures.

We sit before you today on behalf of those who cannot stand to implore justice, who cannot speak to demand equality, who cannot hear discrimination, and who cannot see their oppressor.

We must again place America on the right side of history with the passage of this omnibus civil rights statute that prohibits discrimination against individuals with disabilities-imposing guarantees and requiring enforcement in the private sector, all public services, public accommodations, transportation; and telecommunications.

Such a victory is won by a coalition beginning with one person with vision and commitment. As members of the Congressional Black Caucus, even in the most painful circumstances, we have seen ordinary people become catalysts for extraordinary movements.

An illiterate Black slave named Frederick Douglass learned to read and write and became a world acclaimed poet, orator, and statesman. A poor Alabama seamstress named Rosa Parks fueled the entire civil rights movement in America when she refused to sit in the back of a bus.

A small group of unrelenting warriors captured the eye of the nation in bringing disability rights and Gallaudet University onto the front pages of the world press. I am especially proud to sit before you today as the most recent member of the 65 Afro-Americans to have been elected to serve the United States Congress in the history of this nation.

Those who know the Congressional Black Caucus understand our collective mandate to serve, and our covenant to fight for justice and equality. This, too, is our battle.

The witnesses who will follow this presentation are the real experts. Their courage inspires us, and their will challenges the conscience of this Congress. We as members of the Congressional Black Caucus are not draftees, but enlistees in this mission to create a mutually supportive partnership with government, the private sector, labor and the courts to empower-with full rights and privileges-this nation's disabled citizens. To this end we pledge our allegiance.

Thank you, Mr. Chairman.

[The prepared statement of Hon. Donald M. Payne follows:]

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To our colleagues Chairman Owens and Chairman Martinez, The Congressional Black Caucus is pleased to offer testimony before this joint hearing on H.R. 2273 The American's With Disabilities Act of 1989. We salute your leadership on this most crucial of issues, for we come as proponents of a movement -patriots in this struggle for decency and human dignity. As a Member of the House Subcommittee on Select Education it is an honor and special privilege to have been asked to make this presentation on behalf of the Congressional Black Caucus.

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Twenty-five years ago, the Congress of the United States gave America a vehicle which changed the course of history. The passage of the 1964 Civil Rights Act made justice and morality the cornerstones of American democracy. Today we begin another trek toward equality.

Many have traveled a tortuous road in coming to this moment and on their behalf this Congress shall make critical decisions which will determine the quality of their lives far into the future.

This institution stands on the threshold of infinite possibility, and we must not be reactive nor have historians write that we sat at the tail end of this struggle for justice. Rather, it is our duty and the commitment of the Congressional Black Caucus to champion and challenge this Congress to protect and advance the rights of those who some would define by their disabilities - yet whose abilities we know have no bounds.

Those who sit in this room, who face the constant challenges of disabilities have an absolute understanding of what it means to be "at-risk". Let us not build hurdles to imperil their future by our failure to enact this legislation. We, the Members of the Congressional Black Caucus state here our unanimous and unequivocal support for the passage of this Civil Rights Act for Disabled Americans. We affirm our mutual kinship and interdependence as cohabitants of this land and we pledge to work toward the immediate passage of these guarantees.

As beneficiaries of the 1964 Civil Rights Act, we understand the legacy that comes with an appreciation for the universality of the human condition and the sharing of a common destiny. While the will of the majority prevails, circumstances forge special alliance among those who have suffered injustice.

As African-Americans we have learned never to be intimidated because one is in the minority on an issue which you know to be right. This lesson we repeat for those who join us as advocates in seeking passage of these civil rights measures.

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