Passage of a bill such as the Americans with Disabilities Act will tell disabled Americans that they are indeed equal to other Americans and that discrimination toward disabled persons will no longer be tolerated in our country. It will also make a powerful statement to the world that America is true to its ideals. is the full measure of the American dream. That Thank you, Mr. Chairman. 20-097 0 - 89 - 9 TASK FORCE ON THE RIGHTS AND EMPOWERMENT OF AMERICANS WITH DISABILITIES Appointed by Congressman Major R. Owens, Chairman, House Subcommittee on Select Education MEMBERS Justin Dart Elizabeth Boggs, Ph.D. Lex Frieden Coordinator Elmer Bartels David Bodenstein Philip B. Calkins, Ph.D. Susan Daniels, Ph.D. Eliot Dober Don Galloway Keith Gann James Havel 1. King Jordan, Ph.D. Oral Miller Gary Olsen Sandra S. Parrino Ed Roberts Joseph Rogers William A. Spencer, M.D. Sylvia Walker, Ed.D. VOLUNTEER STAFF Douglas Burleigh, Ph.D. SUBCOMMITTEE LIAISONS Robert Tate Patricia Laird TESTIMONY PRESENTED BY JUSTIN DART, CHAIRPERSON OF THE MR. CHAIRMAN, IT IS A PRIVILEGE TO APPEAR BEFORE THIS I SPEAK TODAY AS CHAIRPERSON OF THE TASK FORCE ON THE AMERICANS WITH DISABILITIES DISABILITY HAS BECOME A MAJOR FACTOR IN THE LIVES OF EQUAL ACCESS TO THE AMERICAN DREAM PROPORTION OF OUR POPULATION WITH DISABILITIES, NOW MORE THAN 15%, WILL DOUBLE WITHIN THE NEXT 30-50 YEARS. IT IS HIGHLY PROBABLE THAT ANY PERSON BORN IN 1989 WILL EXPERIENCE AT LEAST TEMPORARY DISABILITY DURING HIS OR HER LIFETIME. IT IS VIRTUALLY CERTAIN THAT ONE OR MORE MEMBERS OF ALMOST EVERY AMERICAN FAMILY WILL BECOME DISABLED. ALTHOUGH THIS DRAMATIC INCREASE IN THE LIFE SPAN REPRESENTS AN HISTORIC ENLARGEMENT OF THE HUMAN POTENTIAL, OUR CULTURE HAS NOT YET MODIFIED ITS PRACTICES TO FULFILL THAT POTENTIAL, OR EVEN TO MEET THE BASIC LIFE SUPPORT REQUIREMENTS CREATED BY THE NEW CHARACTERISTICS OF ITS MEMBERS. MAJOR PROBLEMS HAVE DEVELOPED. THE TASK FORCE IN THIS CONTEXT, THE TASK FORCE ON THE RIGHTS AND EMPOWERMENT OF AMERICANS WITH DISABILITIES WAS ESTABLISHED ON MAY 2, 1988, BY CONGRESSMAN MAJOR R. OWENS, CHAIRMAN OF THE HOUSE SUBCOMMITTEE ON SELECT EDUCATION. COMPOSED OF 34 DISTINGUISHED REPRESENTATIVES OF MAJOR SEGMENTS OF THE DISABILITY COMMUNITY, THE TASK FORCE IS MANDATED TO COLLECT INFORMATION AND TO MAKE RECOMMENDATIONS WHICH WILL ASSIST CONGRESS AS IT CONSIDERS THE HISTORIC AMERICANS WITH DISABILITIES ACT, AND OTHER LEGISLATION DESIGNED TO IMPLEMENT THE RIGHTS OF AMERICA'S CITIZENS WITH DISABILITIES. THE TASK FORCE WISHES TO ACKNOWLEDGE THE MAGNIFICENT SUPPORT IT HAS RECEIVED FROM NUMEROUS MEMBERS OF CONGRESS, PARTICULARLY TASK FORCE FOUNDER CONGRESSMAN MAJOR OWENS AND THE MEMBERS OF THE HOUSE SUBCOMMITTEE ON SELECT EDUCATION, SENATORS TOM HARKIN AND LOWELL WEICKER AND THE MEMBERS OF THE SENATE SUBCOMMITTEE ON THE HANDICAPPED, AND ALL THE SPONSORS OF THE CIVIL RIGHTS RESTORATION ACT, THE FAIR HOUSING ACT AMENDMENTS OF 1988, THE TECHNOLOGYRELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES ACT AND THE AMERICANS WITH DISABILITIES ACT. THE TASK FORCE HAS NO PUBLIC FUNDING OR PRIVATE GRANTS. PARTICULAR RECOGNITION IS DUE TASK FORCE MEMBERS, STAFF AND VOLUNTEERS, AND THE LITERALLY THOUSANDS OF PATRIOTIC CITIZENS AND ORGANIZATIONS IN EVERY STATE AND TERRITORY WHO HAVE CONTRIBUTED SERVICES, MONEY AND TIME TO MAKE THE DEMOCRATIC SYSTEM WORK. FINDINGS THE MEMBERS OF THE TASK FORCE, THE ORGANIZATIONS WITH WHICH THEY ARE AFFILIATED AND MORE THAN 8,000 PERSONS WITH DISABILITIES, FAMILIES, ADVOCATES AND SERVICE PROVIDERS ATTENDING 63 TASK FORCE FORUMS IN 50 STATES AND TWO CONGRESSIONAL HEARINGS HAVE PRODUCED OVERWHELMING VERBAL AND WRITTEN EVIDENCE THAT: SO LONG CONSTANTLY REACHING DEAD ENDS. I'M BROKE, DEGRADED AND ANGRY. HAVE ATTEMPTED SUICIDE THREE TIMES. I KNOW HUNDREDS. MOST LIFE AND AND WHERE DO WE GO? WHERE CAN WE WHO HAS THE DEPTH, DETERMINATION, INTUITION, PLAN TO HELP US?" - A WOMAN IN CALIFORNIA WHO IS BLIND WROTE TO THE TASK FORCE: "I AM A TRAINED NEWS REPORTER AND HAVE BEEN APPLYING FOR JOBS AT RADIO STATIONS THROUGHOUT THE COUNTRY. I HAVE BEEN REPEATEDLY TOLD THAT I AM THE MOST QUALIFIED CANDIDATE, BUT SINCE THERE HAS NEVER BEEN A BLIND REPORTER BEFORE, THEY CANNOT HIRE ME. I WOULD LIKE THE CHANCE TO SUCCEED OR FAIL BASED ON MY ABILITY AS A REPORTER RATHER THAN MY LACK OF VISION." - A SERVICE PROVIDER TO HEARING IMPAIRED PEOPLE IN ILLINOIS TESTIFIED: "WE HAVE CLIENTS WHO ARE ADMITTED TO HOSPITALS, UNDERGO SURGERY, AND ARE RELEASED WITHOUT THE BENEFIT OF A SIGN LANGUAGE INTERPRETER TO RECEIVE INFORMATION CRITICAL TO THEIR HEALTH. WE HAVE CLIENTS WHO HAVE BEEN ARRESTED AND HELD IN JAIL OVER NIGHT WITHOUT EVER KNOWING THEIR RIGHTS NOR WHAT THEY ARE BEING HELD FOR. WE HAVE CLIENTS WHOSE CHILDREN HAVE BEEN TAKEN AWAY FROM THEM AND TOLD TO GET PARENT INFORMATION, BUT HAVE NO PLACE TO GO BECAUSE THE SERVICES ARE NOT ACCESSIBLE. WHAT CHANCE DO THEY EVER HAVE TO GET THEIR CHILDREN BACK?" 223 YEARS AFTER OUR FOUNDING FATHERS DECLARED THAT ALL MEN "ARE ENDOWED BY THEIR CREATOR WITH CERTAIN UNALIENABLE RIGHTS," 25 YEARS AFTER THE CIVIL RIGHTS ACT OF 1964, AMERICANS WITH DISABILITIES STILL DO NOT ENJOY THE COMPREHENSIVE PROTECTION AGAINST DISCRIMINATION WHICH HAVE BEEN PROVIDED TO ALL OTHER MAJOR MINORITIES. EXISTING LAWS PROVIDING FOR PARTIAL RIGHTS ARE VERY POORLY IMPLEMENTED AND ENFORCED. THE TASK FORCE CONCLUDES THAT: DISABILITY HAS BECOME A NORMAL CHARACTERISTIC OF HUMAN EXPERIENCE. MOST PEOPLE WITH DISABILITIES HAVE THE POTENTIAL TO BECOME FULLY PRODUCTIVE PARTICIPANTS IN THE MAINSTREAM OF SOCIETY. VIRTUALLY ALL PEOPLE WITH DISABILITIES HAVE THE POTENTIAL TO BECOME MORE SELF-RELIANT, AND TO CONTRIBUTE TO THE PRODUCTIVITY AND QUALITY OF LIFE OF THOSE AROUND THEM. HOWEVER THIS VAST HUMAN POTENTIAL IS BEING SEVERELY SUPPRESSED BY TRADITIONAL DISCRIMINATION, RESULTING IN UNCONSCIONABLE INJUSTICE TO INDIVIDUALS, AND UNAFFORDABLE ECONOMIC AND MORAL BURDENS FOR THE NATION. AMERICANS WITH DISABILITIES WILL NEVER BE ABLE TO FULFILL THEIR POTENTIAL TO BECOME FULLY CONTRIBUTING, PRODUCTIVE CITIZENS OF THE FIRST CLASS UNTIL THIS NATION EMPOWERS THEM BY TAKING DECISIVE ACTION TO ELIMINATE DISCRIMINATORY PRACTICES AND THE FALSE ASSUMPTIONS ON WHICH THOSE PRACTICES ARE BASED. HISTORY DEMONSTRATES THAT THIS CAN ONLY BE DONE THROUGH A FIRM, ENFORCEABLE STATEMENT OF LAW THAT PEOPLE WITH DISABILITIES HAVE THE SAME INALIENABLE RIGHTS AS OTHER PEOPLE, AND THAT HENCEFORTH THEY ARE TO BE ACCORDED EQUAL OPPORTUNITY IN ALL ASPECTS OF LIFE. THE TASK FORCE URGES: THAT CONGRESS TAKE PROMPT ACTION TO CONSIDER AND TO PASS THE AMERICANS WITH DISABILITIES ACT OF 1989, WITH VIGILANCE THAT THE PRINCIPLE OF EQUALITY NOT BE COMPROMISED. THE FINAL PRODUCT OF THE LEGISLATIVE PROCESS MUST ENSURE THE PROTECTION AND ENFORCEMENT OF THE CIVIL RIGHTS OF ALL PEOPLE WITH DISABILITIES TO PARTICIPATE FULLY AND EQUALLY IN THE MAINSTREAM OF SOCIETY. THAT THE PRESIDENT AND THE EXECUTIVE BRANCH PROVIDE VIGOROUS PUBLIC AND ADMINISTRATIVE LEADERSHIP ON BEHALF OF THE PASSAGE AND THE IMPLEMENTATION OF THE AMERICANS WITH DISABILITIES ACT. THAT ALL CITIZENS WHO LOVE JUSTICE ADVOCATE FOR THE ENACTMENT OF THE AMERICANS WITH DISABILITIES ACT, AND TAKE DECISIVE ACTION TO MAKE THE RIGHTS WHICH ADA MANDATES REAL IN THEIR HOMES AND COMMUNITIES. SUPPORT AND CONCERNS HAS BEEN ENDORSED BOTH MAJOR QUAYLE AND THE AMERICANS WITH DISABILITIES ACT |