Page 3 By reducing or eliminating the architectural, transportation, and communication barriers that prevent or restrict individuals with disabilities from living independent and productive lives in the mainstream of American society, all of society will benefit. An accessible environment will not only benefit people with disabilities, but will affect nearly everyone at some point in their life. Among those who benefit from increased accessibility are children, parents pushing their children in strollers, persons carrying luggage or groceries, the temporarily disabled, the elderly, and the families and friends of persons with physical disabilities. For too long our society has been structured in a way that many opportunities, great and small, have been denied to people with disabilities. It is time for the needless obstacles, both physical and attitudinal, to be removed. It is time to pass the Americans with Disabilities Act. Thank you Mr. Chairman. I look forward to hearing the testimony of the witnesses who will share their views on this historic legislation with the Committee. Mr. OWENS. We are pleased to welcome as our first set of panelists: Mr. Greg Fehribach, Chairman of the Indiana Governor's Council on People with Disabilities; Barry Chambers, the Commissioner of the Indiana Department of Human Services; Deanna Durrett of the Commission on Mental Health; and Muriel and Chris Lee, Producer and Playwright of "Always a Chance for Change." I do not think Muriel and Chris Lee have arrived yet but they can join the panel as soon as they arrive. I would like to note, for the sake of the panelists, that we have copies of your written testimony which will be entered into the record in its entirety. Because we are trying to hear from a number of witnesses this afternoon, there is a limitation on time. We ask that you speak for only five minutes. However, in the questioning period, you will have a chance to elaborate on those points that you cannot cover while you are speaking. We will begin with Mr. Fehribach. STATEMENT OF GREG FEHRIBACH, CHAIRMAN, INDIANA Mr. FEHRIBACH. Thank you, Mr. Chairman, Mr. Jontz. On behalf of Evan Bayh of the State of Indiana, we would like to thank you for coming and holding this hearing here in Indiana. We believe that Hoosiers present a cross-section and possibly a good group of people that might be able to shed some light on the committee as far as passing the Americans With Disabilities Act. As you noted, my name is Greg Fehribach and I wear several hats. I am an attorney practicing law with the law firm of Timmons, Endsley, Chavis, Baker, and Lewis. And I am also the Chairman of the Governor's Council on People with Disabilities. Moreover, I am a disabled American. My disability is one that necessitates my use of an electric wheelchair and specially equipped van. I am presently building a home in downtown Indianapolis and I enjoy various recreational activities. My educational background is from Ball State University where I obtained a Bachelor of Science Degree and a Master of Art's Degree. I have also obtained a Juris Doctor from the University of Ohio, College of Law. Mr. Chairman, Mr. Jontz, I submit I am one of the lucky ones. There are many citizens in this nation who would cherish the opportunity to be a taxpayer like myself. Disabled Americans comprise the largest group of minority voters in the union today. And it is this group of voters that often burden tax roles as opposed to contribute to them. The ADA is a necessary step in alleviating what is now a burden on an already strained budget. Passage of this bill would be an active step to eliminate discrimination against disabled Americans thereby giving the disabled American the opportunity to participate in and benefit from employment and other advantages that able bodied citizens are already afforded. Many consider the language of this Act to be burdensome as Congressman Jontz has already noted. Yet, we must consider the burdensome costs that citizens who not able to contribute, that a citi zen who is not able to contribute to his own health and well being places on society today. Those who feel it is cheaper to institutionalize a citizen than it is to work side by side with that same citizen have a false perception. I have worked in various jobs since I was 16 years old. Very little if any money has ever been spent by my employers to allow me the right to work. At the age of 31, I will pay more tax per capita than 60 percent of Americans. Because I have had an opportunity, I will not cost the taxpayers on the average between $2,000 and $5,000 per month for my care and maintenance. A.D.A. will give other disabled Americans an opportunity that I have already had. A.D.A. will allow disabled Americans the privilege of paying income tax. It will prevent them from using the welfare system for their care and maintenance. Transportation is essential for disabled persons to maintain selfsufficiency. There is not one of us in this room today who does not need some form of transportation in order to pursue employment, to recreate, or to contribute effectively to society as a whole. Disabled people are disabled by the present transportation system in America. But ADA will allow disabled Americans to become differently able to use transportation that necessity dictates. The disabled user of transportation will also pay the same taxes for the privilege of transportation that all other people pay. Thereby again, we will be contributing to the coffers as opposed to draining them. There's a Constitutional right to travel throughout this great land. A.D.A. simply assures that disabled Americans have the right to travel and use transportation which they have not previously been able to exercise prior to this legislation. Disabled people also have the right to fair and accommodating housing. Institutionalization is not fair nor is it accommodating. Disabled people have historically been considered sick and in need of quasi-medical surroundings in which to live. This is a misconception. A disabled person would cherish the opportunity to pay property tax or any other tax that would result from ownership or occupancy in their own home.. One factor that anchors the concept of Americana is the premise that a man's home is his castle. As a disabled person striving for independence, I would consider the opportunity of occupying a home which promotes this independence, a true treasure. A.D.A. will insure the Fourth and Fourteenth Amendment right that the rest of Americans take for granted. It is an assurance for the disabled that independence is a goal and privacy is a desire that often seems unattainable. Mr. Chairman, Mr. Jontz, each night the evening news depicts citizens from all over the world striving to become free and independent. The Berlin Wall and the fences that stretch between East and West Germany have held back the migration for East Germans to West Germany are small hurdles compared to the walls of independence that the disabled persons have been unable to scale. Additionally, the blacks in South Africa have more hope in attaining equality in the job place than does a disabled person in America. For a black in South Africa is allowed to work. But the disabled American is encouraged to stay home. Therefore, I encourage the Congress of the United States to, one, deliver independence to disabled Americans. Two, to relieve the able-bodied American of a financial burden that need not exist. Three, to pass the Americans With Disabilities Act. In closing, I would like to remember a little history. In 1776, we fought the war of independence for those truths which at that time were proclaimed to be self-evident. In 1989 the disabled American is still striving for life, liberty, and the pursuit of happiness. Hopefully, with the passage of this bill we will be able to achieve our independence. Thank you. [The prepared statement of Greg Fehribach follows:] |