Honoring the Legacies of Olmstead and Justin Dart

the National Council on Disability (NCD) published article, and it is our pleasure sharing ...
# originally posted here June 2013. If any links not working, please let know TY.

On June 22, 1999, the Supreme Court issued its landmark decision “Olmstead v. L.C.”, changing the lives of Lois Curtis and Elaine Wilson, who had been confined to a Georgia institution for several years after their initial treatment had ended. Lois and Elaine filed suit under the Americans with Disabilities Act (ADA) for release from the facility and affirmation of their constitutional rights to self-determination. The ruling resolved in their favor, paving the way for other Americans with disabilities to live outside of institutions, and integrated into their community in order to live fuller and more productive lives.

How significant was the decision? For Americans with disabilities, Olmstead is comparable to Brown v. Board of Education, a landmark Supreme Court decision in which the Court declared state laws establishing segregated public schools were unconstitutional, memorializing the judgment that separate is inherently unequal, and galvanizing integrated education reforms that have forever changed American society.

In Olmstead, the Supreme Court’ ruling reflected “two evident judgments” Primarily, “institutional placement of persons who can handle and benefit from community settings perpetuates unwarranted assumptions that persons so isolated are incapable of or unworthy of participating in community life." Further, "confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment."

“From one came much,” disability rights pioneer Justin Dart declared. Mr. Dart passed away exactly three years after the Olmstead decision was issued, at the age of 71. His declaration aptly describes the influence of Olmstead on the lives of millions of Americans with disabilities.

Justin Dart was instrumental in the enactment of the ADA during his tenure as the Vice Chair of the National Council on Disability (NCD). During the last year, in reliance on, and to further the ADA, the Olmstead decision, and Justin Dart's legacy, NCD has called for the gradual phased elimination of sheltered workshops, which segregate disabled workers and pay less than minimum wages (sometimes shockingly low wages which amount to mere pennies per week). The issue has received unprecedented national media and advocacy attention, supporting corrective reforms that reflect equal pay, rights and dignity for workers with disabilities.

NCD also produced a Deinstitutionalization Toolkit, to facilitate community living opportunities. The toolkit contains information and guidance to help build capacity to serve more people with intellectual and/or developmental disabilities as they move out of institutional settings and into the community.

Most recently, NCD encouraged the U.S. Department of Housing and Urban Development (HUD) to issue long-awaited guidance to assist states in meeting their obligations under Olmstead, and fulfillment of the integration mandate of the ADA. HUD issued its recommendations on June 13, 2013.

As courts continue to apply and interpret the Olmstead decision, NCD will continue to make recommendations to policymakers regarding meaningful compliance with the Olmstead decision and to explore and assist with means to implement further policies that expand home and community-based services that will protect the most vulnerable in the disability community while providing opportunities for full integration into the fabric of American society.

Since the Olmstead ruling, much progress has been made. Countless individuals have successfully transitioned to community settings – “their homes, not nursing homes,” the rallying cry of so many advocates and professionals in this field, but Justin Dart’s call for a revolution to “empower every single human being to govern his or her life, to govern this society, and to be fully productive of life equality for self and for all” has yet to be completely fulfilled.

From the stirring leadership of Justin Dart to the legacy of the Olmstead decision, there is much in our history to be proud of, and to inspire our work together to build a more inclusive future for all Americans, including the 57 million Americans who live with the challenges of disabilities and strive to be part of the American dream.

NCD is proud to be part of the broad inclusive community working to ensure fulfillment of the ADA, and to honor the memory of Justin Dart as the nation celebrates the anniversary of the watershed Olmstead decision.

On behalf of the National Council on Disability,

Janice Lehrer-Stein, Chair
Integration and Access Committee

http://www.ncd.gov/newsroom/06212013
# # #

For the National Council on Disability (NCD): CLICK HERE

Americans with Disability Act (ADA): A People’s History for Civil Rights

On July 26, 1990, as he signed the sweeping civil rights legislation, the Americans with Disabilities Act, into law, President George H. W. Bush declared, “Let the shameful wall of exclusion finally come tumbling down.”

wonderful article as published by New Mobility Magazine, by Josie Byzek | Jul 01, 2015

He said a lot more than that, of course. He thanked Evan Kemp and Justin Dart, who flanked him during the signing, and he cited the mighty coalition that succeeded in getting the ADA before him to sign. He noted there were too many instrumental people to name, a salute to how robust the movement to pass the civil rights law was.

There would be no ADA without thinkers like law professor Chai Feldblum, currently serving a second term as a commissioner with the Equal Employment Opportunity Commission, who was the lead attorney on the team that drafted the ADA, or Patricia Wright, nick-named “the General,” for how well she kept the lobbying heat on in Congress. Or without leaders like Lex Frieden, executive director of the National Council on Disability at the time, who oversaw early drafts of the law.It was the most powerful coalition of people with disabilities and their allies ever assembled. They all had a stake in getting this law signed, from the mother who testified to Congress that she could not find an undertaker to bury her child who died of AIDS, to the Vietnam War vet who could not freely leave his housing project because the sidewalks were not accessible for his wheelchair.

In fact, Feldblum, Wright and Frieden’s experience speak to how sweeping the ADA is, as their rights as people with disabilities are all covered, even though one has an anxiety disorder, one has a visual impairment and one has quadriplegia. These disabilities may seem dissimilar, but the discrimination faced as a result of each was effectively the same.

But when telling the tale of the ADA, most agree that the two men who flanked President Bush while he signed the law deserve special recognition. On his right sat Evan Kemp, who had muscular dystrophy, and on his left sat Justin Dart, who had polio.

Evan Kemp, The Inside Man
Kemp was the disability movement’s “inside man” in many ways. In the 1970s, Kemp worked as an attorney in Washington, D.C., and struck up a friendship with C. Boyden Gray, who years later would become Bush’s chief counsel. Through Gray, Kemp also became friends with Bush, for whom Kemp wrote speeches for disability-related events. Kemp, a wheelchair user, was a tremendous advocate for disability issues. He pushed back against the Reagan administration when it tried to weaken disability-related regulations in the early 1980s and also served as the chair of the Equal Employment Opportunity Commission.

Like many with disabilities, Kemp, a lawyer, was no stranger to the indignities of discrimination. Diagnosed with a form of muscular dystrophy when he was 12, he walked with a pronounced gait at a time when private law firms wouldn’t hire a man with a disability. So he worked for the federal government. At first he held a position with the Internal Revenue Service, and then moved up to the Securities and Exchange Commission. He became a wheelchair user in 1971 when a garage door slammed on his leg, fracturing it so badly that even after it healed he could no longer walk. “When I was walking I had the same disability,” he once said. “But when I was in a wheelchair it was more visible.” Formerly in line for a promotion, he was told a wheelchair user could not hold a supervisory position.

In 1977 Kemp was able to successfully sue for job discrimination — and win. But he had had enough of being denied positions for which he was more than qualified. So he left the government in 1980, took over as director of the Disability Rights Center, and became the most prominent disability rights advocate in Washington, D.C.

From his friendship with Gray and Bush to his experience working within government to his intimate knowledge of being excluded because of a disability, Kemp, a Republican, was in exactly the right place at the right time to help shepherd the ADA toward passage.

Justin Dart, The ‘Father of the ADA’
While Evan Kemp and other advocates in Washington, D.C., kept the heat on Gray and Bush from inside the beltway, Justin Dart, a wealthy man from a wealthy family, used his fortune to fire up the grassroots. Dart’s father, Justin Whitlock Dart, Sr., was president of Dart Industries — the company’s most famous product is probably Tupperware — and his mother, Ruth Walgreen Dart, was the daughter of Charles R. Walgreen, of Walgreen Pharmacies.

Advocates, including Justin Dart (right), marched to spur passage of the ADA. Photo by Tom Olin

After graduating, Dart’s father sent him overseas to launch Tupperware Japan, a company that he grew from four employees to 25,000. He embraced the “corporate playboy” lifestyle — chasing booze, women and money. He founded a greeting card company staffed by employees with disabilities during this time period, but said he felt like a fraud, as if he’d fallen off the “Gandhi track” to race along the “Donald Trump” track.Dart contracted polio in 1948 as he was preparing to enter the University of Houston. He earned degrees in history and education, but the university wouldn’t give him a teaching certificate because he was disabled. Today the university is home to the Justin Dart, Jr. Center for Students with Disabilities, which assists all students with disabilities to achieve their academic goals.

This all changed dramatically when he came face-to-face with the evils of institutionalization. In 1966, he toured a facility for children with polio in Saigon, Vietnam. “The floor of the whole place was covered with children ages 4 to 10, with bloated stomachs and matchstick limbs,” he told NEW MOBILITY. “They were starving to death and lying in their own urine and feces, covered with flies. A little girl reached up to me and looked into my eyes. I automatically took her hand and my photographer took pictures. She had the most serene look I have ever seen — and it penetrated to the deepest part of my consciousness. I thought, here is a person almost dead, and she knows it. She’s reaching out for God and has found a counterfeit saint doing a photo op. I was engulfed by the devastating perception that I have met real evil, and I am part of it. The way I’m living and dealing with disability is killing this little girl. I’m going to go to my hotel, drink Johnnie Walker, eat a steak, and this picture is going to be in some magazine. I told [my fiancée] Yoshiko, ‘We cannot go on as we have been. Our lives have got to mean something. We have got to get into this fight and stop this evil.’”

When Dart and Yoshiko moved back to the United States, Dart began serving the public in high-level roles, including being appointed by President Ronald Reagan to be vice chair of the National Council on Disability, in 1981. Dart, like Kemp, was a high-profile Republican with a visible disability — and it didn’t hurt that Reagan was a close friend of the Dart family.

While vice chair of NCD, Dart used his own money to tour every state and territory to meet with all who were interested in disability policy. The tour allowed Dart to meet face-to-face with people who have every type of disability and hear their concerns. This trip took place in pre-ADA America, a time period where there were no guarantees of accessible hotel rooms or transportation. When Dart returned to Washington, D.C., he shared these conversations with his fellow councilmembers, and NCD drafted a report, “Toward Independence,” calling for a law that would protect the civil rights of people with disabilities. This would eventually become the Americans with Disabilities Act.

After the ADA was introduced as a bill, Dart and Yoshiko repeated their national tour, once more visiting every state and territory, to hold public forums about the ADA and to keep the grassroots engaged. It is estimated that over 30,000 people attended these forums, and many of them advocated for the civil rights legislation in one way or another.

These tours of the nation and subsequent personal connection to the grassroots of the still-young disability rights movement led to Dart becoming known as the “Father of the ADA.”

Those in power, too, connected Dart with the ADA. Once, when he saw Dart wearing his iconic cowboy hat at a White House reception, President Bush introduced him as “the ADA man.” That hat is now lodged in the Smithsonian, along with Dart’s basic steel-framed manual wheelchair. Although he could afford the finest equipment, Dart insisted on using a type of wheelchair afforded by impoverished Americans with disabilities.

Section 504 – The Accidental Civil Rights Law
These early origin stories of the ADA are stirring and dramatic — all the more because they’re true. But they can give the mistaken impression that America was a disability rights wasteland, and then along came the ADA. Certainly the nation was much less accessible, yet the ADA was built upon the solid work of earlier pieces of legislation. Part of its brilliance is how it took those earlier laws and wove them together into one comprehensive act.

In 1977, disability rights activists in San Francisco held a rally in support of Section 504, and then streamed into the Health, Education and Welfare building, where they stayed for 25 days. Photo by Anthony Tusler.

Nixon refused to sign the Rehab Act into law, as it called for new funding for Independent Living programs, a new idea back then. The law came before him twice, and twice he would not sign it. The third time it hit his desk, it was watered down and most of the funding for Independent Living was removed. So he signed it, without understanding that the language in the law’s Section 504 would usher in civil rights for people with disabilities.Probably the most important precursor to the ADA was Section 504 of the Rehabilitation Act of 1973. It’s very short, a tiny part of the overall law: “No otherwise qualified handicapped individual in the United States, shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”

And this is where it gets interesting.

Dr. James L. Cherry, a veteran with quadriplegia who was a research patient at the National Institute of Health in Bethesda, Md., read Section 504 and asked the Department of Health, Education and Welfare when the regulations would be promulgated. HEW told him never, since it was just a policy statement.

“I aggressively disagreed,” wrote Cherry in the Ragged Edge. “I didn’t see mere ‘policy’ — I saw legal rights and power; and I wanted both.”
Cherry sought support from disability groups to push for regulations to be written, but didn’t have much luck. Finally he convinced attorneys from the Georgetown University Law Center to help him file a federal lawsuit, Cherry vs. Mathews, on Feb. 13, 1976. He won his case and HEW was ordered to develop regulations. At the same time, and unknown to Cherry, the new American Coalition of Citizens with Disabilities was also lobbying HEW for Section 504 regulations.

In 1977, the regulations were written, but HEW Secretary David Mathews refused to sign them, even though he was held in contempt. His days were numbered, anyway, as President Jimmy Carter was just taking office and had already appointed Joseph Califano as secretary of HEW. But Califano also did not want to sign off on them.

By this time, there was a groundswell movement among people with disabilities demanding those regulations be signed. “If the regulations were not signed by April 4 in the form they were in when Califano took office, there would be nonviolent demonstrations in HEW offices nationwide,” wrote David Pfeiffer in Disability Studies Quarterly, which he edited. Pfeiffer was organizing demonstrations for the regulations in Boston and warned that demonstrations in San Francisco and  Washington, D.C., would be large.

And thus the stage was set for the longest sit-in in U.S. history at that time. In San Francisco beginning on April 5, activists of different ages, races and socio-economic groups, with disabilities of all kinds, held a rally, then filed into the city’s HEW building and refused to leave until the regulations were signed. Up to 200 people participated. With the help of the Black Panthers, local church groups and even local politicians who donated mattresses, they stayed 28 days. Finally, Washington, D.C, invited a contingent of the activists to the capitol for negotiations, and the regulations were signed soon after.

“We, who are considered the weakest, the most helpless people in our society, are the strongest and will not tolerate segregation, will not tolerate a society which sees us as less than whole people,” said Ed Roberts, who, along with Judy Heumann, is credited with helping to organize San Francisco’s sit-in. Roberts and Heumann are both well-known figures in the disability movement for founding and nurturing the Independent Living movement.

Why the Resistance?
Why were these regulations so resisted? Discrimination against people with disabilities at the time was so common and so insidious that even many people with disabilities didn’t understand it for what it was. “People with disabilities ourselves didn’t think the issues we faced in our daily lives were the product of prejudice and discrimination,” wrote sit-in organizer Kitty Cone in her article, “Short History of the 504 Sit-in,” which can be found at www.dredf.org/504site/histover.html. “Disability had been defined by the medical model of rehabilitation, charity and paternalism. If I thought about why I couldn’t attend a university that was inaccessible, I would have said it was because I couldn’t walk, my own personal problem. Before Section 504, responsibility for the consequences of disability rested only on the shoulders of the person with a disability rather than being understood as a societal responsibility. Section 504 dramatically changed that societal and legal perception.”

Yet, like the ADA, Section 504 did not just spring into being from nothing. It was preceded, in 1968, by the Architectural Barriers Act, which required federal buildings and federally-funded buildings to be accessible to the public. This meant a way in, a way out, and — very important — accessible restrooms. Because of this law, Uniform Federal Accessibility Standards were developed by the Access Board, which still revises both UFAS and the ADA Accessibility Guidelines as well.

The Architectural Barriers Act owes its existence to historian Hugh Gallagher, who at the time worked as a legislative aide for Sen. Bob Bartlett. Gallagher, a wheelchair user since age 19 due to polio, shared his frustrations of trying to simply do his job, but being unable to access many federal buildings. In response, he and Bartlett wrote the Architectural Barriers Act. “I wanted it to be simple,” said Gallagher. “I wanted accessibility to be one of the items on the checklist of designers and builders.”

Referring to that earlier law, Sen. Bob Dole, a supporter of the ADA, wrote, “Hugh’s most outstanding contribution to the quality of life of people with disabilities was to successfully place disability on the agenda of the Congress for the first time.”

The Right Place at the Right Time
Many other disability-related civil rights laws were passed in the years leading up to the ADA. The Education for All Handicapped Children Act, now known as the Individuals with Disabilities Education Act, was passed in 1975 with the intent of ensuring students with disabilities equal access to education. The Air Carrier Access Act of 1986 and the Fair Housing Act Amendments of 1988 made it easier to travel and to have a home. And the rights of people with disabilities to live in the community also had begun to be recognized.

Whose idea was the ADA? In a sense, it was everyone’s who was active in disability rights at the time. It was born in the Washington, D.C., beltway in discussions between Evan Kemp and Phil Calkins who dreamed about such a thing while serving together with the Equal Employment Opportunities Commission. It was born on the interstate highways connecting the public forums held by Justin and Yoshiko Dart. It was fought for in the HEW building of San Francisco and yearned for by young Judy Heumann who demanded the right to teach school in New York City — the first wheelchair user to do so.All of these laws, and many more not listed, had their own groups of supporters. The ADA could not have been passed in as strong a form as it did without all of these efforts.

When the ADA was signed on July 26, 1990, the president was flanked by two men, but those two were flanked by thousands more. The ADA was most certainly one-of-a-kind legislation, comprehensively granting broad civil rights to citizens with disabilities, but it came about because of a long history of legislative action.
When Bush proclaimed that the shameful walls of exclusion finally were falling down, thousands of activists nationwide felt a strong sense of accomplishment. But the ADA itself was neither a beginning nor an ending. It was a bold expansion of, and a future catalyst for, disability rights laws passed prior to and following its passage.

The movement for full recognition of the civil rights of people with disabilities has come a long, long way, and the 25th anniversary of the ADA deserves to be celebrated, as do those who helped to make it possible. But like those activists who have come before us, we must continually look to what can come next. And once we achieve that, we must reach for more, until every person with a disability has full and equal access to all our great society has to offer, and full inclusion is no longer a dream but a reality.

Related Articles at New Mobility Magazine: 

• ADA Photo Album
• ADA: How the Law Has Evolved Since 1990
• NM Readers: ADA Victory Stories
• Stay Strong ADA! There’s More Work to Do

http://www.newmobility.com/2015/07/ada-a-peoples-history/
# original posted July 2015

The Legacy of Justin Dart , National Council on Disability Honors the Life and Legacy

Friday, June 22nd 2012 marked the 10th anniversary of the passing of Justin Dart, Jr. Dart was many things to the disability community – a trusted friend, respected colleague and valued mentor. In honor of his life and legacy, NCD shares the statement he prepared for friends and fellow advocates on the occasion of his death. Thanks to Justin, his beloved Yoshiko, and countless others the “revolution of empowerment” continues. Lead On!! Lead On!! Lead On!!

Statement from Justin Dart:

Listen to the heart of this old soldier. As with all of us the time comes when body and mind are battered and weary. But I do not go quietly into the night. I do not give up struggling to be a responsible contributor to the sacred continuum of human life. I do not give up struggling to overcome my weakness, to conform my life - and that part of my life called death - to the great values of the human dream.

Death is not a tragedy. It is not an evil from which we must escape. Death is as natural as birth. Like childbirth, death is often a time of fear and pain, but also of profound beauty, of celebration of the mystery and majesty which is life pushing its horizons toward oneness with the truth of mother universe. The days of dying carry a special responsibility. There is a great potential to communicate values in a uniquely powerful way - the person who dies demonstrating for civil rights.

Let my final actions thunder of love, solidarity, protest - of empowerment.

I adamantly protest the richest culture in the history of the world, a culture which has the obvious potential to create a golden age of science and democracy dedicated to maximizing the quality of life of every person, but which still squanders the majority of its human and physical capital on modern versions of primitive symbols of power and prestige.

I adamantly protest the richest culture in the history of the world which still incarcerates millions of humans with and without disabilities in barbaric institutions, backrooms and worse, windowless cells of oppressive perceptions, for the lack of the most elementary empowerment supports.

I call for solidarity among all who love justice, all who love life, to create a revolution that will empower every single human being to govern his or her life, to govern the society and to be fully productive of life quality for self and for all.

I do so love all the patriots of this and every nation who have fought and sacrificed to bring us to the threshold of this beautiful human dream. I do so love America the beautiful and our wild, creative, beautiful people. I do so love you, my beautiful colleagues in the disability and civil rights movement.

My relationship with Yoshiko Dart includes, but also transcends, love as the word is normally defined. She is my wife, my partner, my mentor, my leader and my inspiration to believe that the human dream can live. She is the greatest human being I ever known.

Yoshiko, beloved colleagues, I am the luckiest man in the world to have been associated with you. Thanks to you, I die free. Thanks to you, I die in the joy of struggle. Thanks to you, I die in the beautiful belief that the revolution of empowerment will go on. I love you so much. I'm with you always. Lead on! Lead on!

National Council on Disability • 1331 F Street, NW, Suite 850 • Washington, DC 20004
http://www.ncd.gov/

-----
originally posted June 2012

2015 Coalition of Citizens with Disabilities in Illinois (CCDI) Annual Awards Recipients

as shared by Coalition of Citizens with Disabilities.

The Bank Long Jr. Markeeta Award is presented annually to an individual who has shown strong leadership skills and advocacy. For their advancement and progress as a youth in pursuit of social justice. 

Kellsey McGuire is 9 years of age and a 3^rd grader as Jordan Catholic School in Rock Island.  In January of 2014 Kellsey received service dog, Jasper, to alert her parents and others of impending seizures.

Within a month of receiving Jasper, the family was told by the Sherrard School District that Jasper could no longer attend school with Kellsey, in direct violation of the ADA. After several instances of discrimination against Kellsey and Jasper the McGuires made the decision to withdraw Kellsey from Sherrard and enrolled her at Jordan Catholic School. At Jordan, Kellsey and Jasper were both welcomed with open arms and hearts.  Jasper is even included in the 3rd grade school picture.

The family filed a discrimination complaint against the school district with IDA and the judge ruled in their favor under (2) areas: Hostile Environment and Denial of a Free and Appropriate Education.  The Sherrard School District appealed the decision and it is pending.

Friends of the McGuire’s started Justice for Jasper to raise awareness about the blatant discrimination on the part of the Sherrard School District and its board. This issue has been publicized locally and nationally.

She and her family have done a tremendous amount of work over the last several years to promote Epilepsy awareness. They, along with many friends, started ribbonsforkellsey.

The Senator Penny Severns Memorial Award (formerly Legislator of the Year). This award honors a legislator from Illinois who has shown outstanding support of issues that are important to people with disabilities. 

This year’s recipient was a Senator that has done so many things to help people with disabilities. He has sponsored many bills that help the causes of people with disabilities including SR 342 which oposes the raising of the DON score. He is a board member for the Epilepsy Foundation and recently advocated to restore funding to autism, epilepsy and early intervention.  This year’s recipient of the Senator Penny Severns Memorial Award (formerly Legislator of the Year) isSenator Dan Kotowski.

The Doctor Judy Smithson Advocacy Award. This award is presented annually to an  individual who has displayed strong leadership and advocacy skills.

This year’s recipient has shown commitment to advocacy activities supporting the human and constitutional rights of citizens with disabilities. This year’s winner is the disability rights advocate for Life Center for Independent Living in Bloomington. She is tireless in this role while advocating in the areas of housing, transportation, health care, Human Services/CIL Funding as well as attitudinal & physical barriers.  She participated in the Not Dead Yet Action in Chicago last summer. 

She teaches legislative and community advocacy skills and co-taught theAdvocacy 101 class in 2014 and by herself again this year.  She serves on the SILC/INCIL Advocacy Strategy group. She recently completed the grueling, prestigious Multi-Cultural Leadership program in McLean County.  We are thrilled that this year's recipient of the Doctor Judy Smithson Advocacy Award is Rickielee Benecke.

The Barbara Pritchard Award.  This award is given annually to an individual who has done outstanding work as an advocate behind the scenes.  This individual rarely seeks the spotlight for themselves, but instead spends a great deal of time helping others to succeed and meet their goals.

The winner of this year’s Award has been a tireless advocate for people of all disabilities, but especially those that are deaf or hard of hearing. She use to be the Deaf Services ILS at LIFE CIL. She works closely with the IL Deaf & Hard of Hearing Commission.  She is a board member for the SILC,which also presents itself with other duties, as she is on the executive committee and is a member of of the SILC’s advocacy committees.  She has been described by others she has worked with as a very hard working advocate for persons who are deaf.  She has great vision and ideas.  The winner of this year’s Barbara Pritchard Award is Dana Craig.

The Justin Dart Distinguished Citizen Award is the most prestigious honor the Coalition presents.  Past recipients include Senator Hilary Rodham Clinton, Former Illinois Attorney General Jim Ryan and of course Justin Dart, Jr. himself.  This award is presented to an individual who has shown an outstanding commitment to the rights of persons with disabilities.

The nominee has been an ongoing advocate for the broadest range of disability issues since…forever.  He has defended our rights at the Federal, State, and local level.  He conducts legislative training classes for those whose interest in disability rights and the political system is just awakening. 

His work with Chicago ADAPT and ADAPT clearly demonstrates his ability to motivate, organize, and successfully involve the widest elements of our community.  Known and respected throughout Illinois, other states, and Washington, DC., he has the ability to make politicians listen to our issues, acknowledge need for change, and work, often even sponsor, important legislation. 

Adamantly, never a disability poster child, his demeanor is that of an accomplished, educated, thoughtful and humble person (with disabilities).  He has and knows how to use his wicked sense of humor, especially double entendre - to make everyone gasp with laughter.  Most importantly, by his actions this nominee helps make everyone he contacts feel important for their abilities.

In these and in so many other ways, Larry Biondi is the epitome of disability diplomat worthy of the Justin Dart Award. We congratulate Larry as the 2015 Justin Dart Distinguished Citizen Award recipient!

(GO LARRY, and congratulations)

President Clinton and Shirley Ryan honored at Access Living “Lead On!” Gala

PRESS RELEASE | Access Living | June 2, 2015

(On right, Auctioneer working with audience. In center, Board Member Kareem Dale at Podium.) 

On June 1, more than 850 people celebrated the Access Living 35th Anniversary and the 25th Anniversary of the Americans with Disabilities Act at the Grand Ballroom at Navy Pier. Each year, Access Living hosts a “Lead On!” Gala to recognize individual commitment to people with disabilities, and build support for Access Living Programs. At the 2015 Gala, Access Living honored President Bill Clinton and Shirley Ryan with “Lead On!” awards. 

 

(Photo: President Bill Clinton accepting the Lead On Award. Mayor Emanuel to his left; Rob Johnson of CBS Channel 2 to his right) 
A tribute to Justin Dart, Jr., Access Living’s “Lead On!” Award honors individuals who promote the empowerment and independence of people with disabilities, and whose lives and actions embody the principles and values that Dart personified. Bristo spoke of Justin Dart when presenting the award to Clinton. “As a trusted friend and advisor to President Clinton, Justin would be so honored to know you are receiving the award that carries his name,” she said. 

 

(Photo: Marca Bristo on stage presenting Lead On Award to Shirley Ryan)
Gala attendees were also treated to a Live Auction, led by Jason Lamoreaux, who auctioned off fabulous Chicago Blackhawks, Chicago Bulls, and Chicago White Sox prizes. 

With the support and leadership of Ron Gidwitz, the Corporate Chair for the event, the Gala was a success, raising more than $1 million toward Access Living programs and services. 

The Host Committee for the event included the Crown and Goodman Families, GCM Grosvenor, The Gidwitz Family, JP Morgan Chase & Co., Beatrice C. Mayer and the 
Patrick G. and Shirley W. Ryan Foundation. 

The Anniversary Committee included BMO Harris Bank, Exelon, Lindy and Mike Keiser, Holly and John Madigan, Northern Trust, Kay and Michael O’Halleran, J.B. Pritzker, and the
Sun-Times Foundation and The Chicago Community Trust. 

 

(Photo: Image of Navy Pier Grand Ballroom. Tables filled with Access Living Gala Audience)Access Living Board Member Kareem Dale was the event chair, and CBS 2 Chicago Weekday Anchor Rob Johnson emceed the event. SPLASH was the Media Sponsor. 

Here is news coverage of the Gala from ABC 7 Chicago . 

Photos by DejaViewsUSA.com

Contact:

 

Gary Arnold

 

Title:

Public Relations Coordinator

 

Email:

 

garnold@accessliving.org

https://www.accessliving.org/1410ga215

Chicago's 12th Annual Disability Pride Parade on Saturday July 18, 2015

information will be updated as available from the Disability Pride Parade.

Saturday, July 18, 2015

Parade steps off promptly at 11 a.m. Post-parade program at Daley Plaza begins at 12:30 PM.

Parade Route: 

• West on Van Buren to Dearborn Street
• Turn North on Dearborn Street
• March to Daley Plaza at Washington Street

25th Anniversary of the Americans with Disabilities Act (ADA)

It’s a great year to celebrate. 2015 is the 25 th anniversary of the Americans with Disabilities Act (ADA), the landmark civil rights law passed in 1990 by a coalition of determined people with disabilities and allies. The Disability Pride Parade is pleased to be part of Chicagoland’s ADA 25 effort, supported by the Chicago Community Trust.

2015 Parade Marshal: U.S. Senator Tom Harkin

This year, our Grand Marshal is U.S. Senator Tom Harkin of Iowa, a great champion of the ADA and a tremendous champion of people with disabilities everywhere. Senator Harkin just retired from the U.S. Senate last year. He has many times given moving and personal testimony about his personal investment in disability rights as the brother of a Deaf man. Over the course of the last forty years, Senator Harkin has proven time and again that he is a singularly committed ally and friend to us all. We are so excited to have Senator Harkin with us this year!

ROAD TO FREEDOM Bus Tour

We will also be hosting the ADA Legacy Tour’s Road to Freedom Bus! This bus has traveled all over the U.S. teaching people about the ADA and serving as a rallying point for disability communities nationwide. Bring your family and friends and help them learn all about the ADA!

July 17: Annual Disability Pride Parade Open Mic

Don’t forget, we will also be hosting the annual Disability Pride Open Mic Night on the evening of Friday, July 17. We will post more details about this soon.

Justin Dart Puppet to March in Parade

Finally, we will once again be hosting the Justin Dart Puppet. This is an amazing, larger-than-life puppet of “The Father of the ADA.” A creation of the Matrix Theater in Detroit, people of all ages will enjoy seeing Justin and his cowboy hat out on the streets of Chicago, continuing to fight for disability rights.

March or Sponsor the Parade...

Remember, the Parade is for anyone who wants to come out and celebrate disability pride. Let’s make the POWER happen!

To MARCH in the parade; or SPONSOR the parade, please visit:

Disability Pride Parade website, visit: http://www.disabilityprideparade.org/
Facebook: https://www.facebook.com/events/1396907207297130/

Parade participants should schedule their PARATRANSIT DROP-OFFS at 401 S. Plymouth Court, the intersection of
South Plymouth Court and West Van Buren where the parade starts.

PICK-UPS after the event will be at Daley Plaza (50 W. Washington) where the parade ends.

YouTube published by criticalends
video info: Uploaded on May 7, 2010

Disability Pride is a film about a community fighting to be seen and heard, to be acknowledged as able and proud.

The film weaves 'on the street' interviews with verite footage of the 6th Annual Disability Pride Parade in 2009 to convey human experiences that promote the belief that disability is a natural part of human diversity and can take pride in its heritage and culture.

The parade, held every year in Chicago, is the first of its kind in the world and people travel far and wide to attend the event. The next parade is on July 24, 2010 and the filmmaker's hope that this film can persuade more people to attend and show their support for Disability Rights.

Disabilities Treaty Is a Journey, Not a Destination

 by Jennifer Laszlo Mizrahi; The Huffington Post; Nov. 12, 2013

The Senate Foreign Relations Committee, Chaired by Senator Menendez of New Jersey, just held a key hearing on the Convention on the Rights of Persons with Disabilities ("Disabilities Treaty"). According to the U.S. Department of State, "the treaty embodies, at the international level, the ADA principles of non-discrimination, equality of opportunity, accessibility and inclusion."

Supporters of the treaty who gave testimony included a bevy of noted veterans: former Senate Majority Leader Bob Dole (whose testimony was passionately read by Senator Kelly Ayotte), Senator John McCain, Rep. Tammy Duckworth and former Secretary for Homeland Security Tom Ridge. All of them acquired disabilities during their service to our nation. Other supporters who provided testimony include Sen. Mark Kirk, a stroke survivor, and former Attorney General Dick Thornburgh who is the father of a now grown child with a disability.

With so many luminaries supporting the treaty, one might think the treaty would be a slam-dunk to pass the U.S. Senate. But the last time it was brought to the floor it lost by five votes, and even today the votes are not there for its passage. Opponents have cited concerns that ranged from issues on homeschooling, abortion and national sovereignty. Some predict these issues will all be addressed through "Reservations, Understandings, and Declarations" (known as RUDs).

Senator Johnson, who is hesitant about the treaty, asked former Secretary Ridge what the treaty offers for Americans. Ridge responded that he feels it enhanced the ability of the United States to build its "brand" of standing for good values, without the cost of wars or foreign aid. Others focused on how the treaty can help expand exports for U.S. companies that specialize in products and services for people with disabilities. McCain, Duckworth and others focused on the fact that vets who use wheelchairs cannot travel in many parts of the world for business or pleasure because other nations do not have on ramps or wide enough doorways. 

More than 800 disability groups have taken up the cause of the Disabilities Treaty and they feel very strongly that the treaty must be passed now. Still, there is an atmosphere of excitement about passing the Disabilities Treaty that reminds me of how much the Russian people wanted an end to communism, and thought that one election would change their lives for the positive. It was not so simple. More recently, Egyptian citizens thought the end of Mubarak's rule would bring progress overnight. But that did not happen either. The changes were necessary, but not sufficient, for the right positive change.

Like those who wanted true democracy in Russia and Egypt -- who were solely disappointed -- there are lessons to be learned on what can REALLY bring success. EVOLUTIONS often work better than REVOLUTIONS.

No piece of paper voted on by the U.S. Senate or even the United Nations, no matter how urgent or important, is going to end discrimination around the world for people with disabilities overnight. The treaty may be necessary, but like the changes in the FSU and Egypt, it is certainly not sufficient. The road ahead for those of us who want justice, dignity and civil rights will be long and hard. We must prepare for it.

Indeed, there were massive hopes for the Americans with Disabilities Act (ADA) in 1990 when it was passed. Yet while the ADA did a lot of good, especially for those who use wheelchairs, it was only one piece of the puzzle in terms of enabling people with disabilities to achieve the American dream. Indeed, the most recent statistics from the Labor Department show the 8 in 10 Americans with disabilities are outside the work force (this compares to 28% of people without disabilities.)

There is no magic wand. We will have to work together and keep our focus. So it's important to pick the right people for such a journey and to build a real sense of trust and teamwork.

Fortunately, it is a journey that self-advocates in the disability community and their partners are ready to take. Along that path there are key trailblazers. Like characters in a movie, they all have their roles. There is Marca Bristo from Chicago who is a mighty force who happens to use a wheel chair. David Morrissey of USICD leads an organization that has pulled together hundreds of groups into a coalition. Behind the famous witnesses at the hearing is Kelly Buckland of NICL whose facial expressions on CSPAN tell his every thought. In the back of the Senate hearing room is a group of blind Americans who are catching every word and who can always be relied upon for intelligent strategy.

There are leaders who have battled in the past. There's Yoshiko Dart who traveled with her late husband Justin Dart to all 50 states to build momentum for the ADA. There's former Rep. Tony Coelho and others who all have known and worked together on disability rights for decades. And then there are the new people, the young bloggers who use motorized wheelchairs and have big smiles and true grit to move the agenda forward.

Hundreds of people turned out in person to attend the hearing. Thousands more watched it on TV or the web. Eventually there will be a Senate vote. And when the Disabilities Treaty passes, the key will be to understand that even that important milestone is not enough - not nearly enough. It will be a welcome battle victory, but not the end of the war for equal rights and opportunities. That will come when we trust each other, use our best strengths and never give up.

In the words of Justin Dart: LEAD ON!

http://www.huffingtonpost.com/jennifer-laszlo-mizrahi/disabilities-treaty-is-a-_b_4256838.html

ADA: Landmark Declaration of Equality - Justin Dart author - American Association of People with Disabilities

ADA: Landmark Declaration of Equality - American Association of People with Disabilities (link to article)

An article by Justin Dart titled ADA: Landmark Declaration of Equality, written shortly after the signing of the Americans with Disabilities Act (ADA).

It's Just Us : Disability Activists Ed Roberts, Wade Blank, and Justin Dart

[refresh if no video]
Uploaded by PinedaFoundation on Feb 6, 2009
This video previously contained a copyrighted audio track. Due to a claim by a copyright holder, the audio track has been muted.

Activists Ed Roberts, Wade Blank, and Justin Dart lead the charge for disability rights, a vastly underreported civil rights movement that led to policy change on par with the fruits of Dr. King's work. People who knew these three incredible men takes us on a journey through history and hope and people with disabilities fought for basic rights and dignity.

# For It's Our Story Project: http://www.youtube.com/user/ItsOurStoryProject

#prevously posted July 2011

10 Things to Know about the ADA (part 2)

In the Spirit of the Anniversary of the ADA - July 26th, 1990, we are reposting information of history, informative of the Americans with Disabilities Act. (within the post there are many links, if any are no longer working, or outdated info, please let us know so we can update TY.)

as shared and originally published by Disability.gov ...

10 Things to Know about the ADA and Beyond

July 26, 2016 was the 26th anniversary of the Americans with Disabilities Act (ADA). For more information on how this groundbreaking law changed the lives of Americans with disabilities, and how Disability.gov is celebrating ADA26,. And be sure to check out Disability.gov’s “26 Days of the ADA: A to Z” on Twitter.

1. Talkin’ ‘bout the ADA Generation. Young people with disabilities are often called the “ADA Generation” because they were born or grew up after the ADA became a law. Laws such as the ADA exist thanks to the leadership of dedicated disability rights advocates, including Justin Dart, Jr., Ed Roberts and Judith Heumann. These individuals are positive role models that youth with disabilities should know about as they become the next generation of disability leaders. Justin Dart, Jr., called the “father of the ADA,” traveled around the U.S. gathering stories from people with disabilities about the discrimination they faced. These accounts directly impacted the creation of the ADA. Ed Roberts helped create the Independent Living Movement, formed the first Center for Independent Living and co-founded the World Institute on Disability with Judith Heumann. Heumann assisted with the passing of the ADA, served as the Assistant Secretary for Special Education and Rehabilitative Services and is now the State Department’s Special Advisor for International Disability Rights. Young people with disabilities who wish to follow in the footsteps of these leaders can start by reading these self-advocacy guides.

2. The ADA & Service Animals. Many people with disabilities use service animals to help them with daily activities so they can live as independently as possible. The definition of a service animal is a dog that has been trained to assist a person with a disability in completing tasks that are directly related to their disability. This ADA National Network guide explains that emotional support, therapy, comfort or companion animals aren’t considered service animals and aren’t protected under the ADA. Service animals can be used in the workplace as a reasonable accommodation under the ADA. Businesses and organizations that serve the public, such as restaurants, hotels and retail stores, can’t refuse to serve a customer with a service animal, and neither can taxi drivers. Under the Air Carrier Access Act, people with disabilities are legally permitted to travel with service animals. The Transportation Security Administration has information about security screenings procedures for people with disabilities, including those using a service dog. It’s important that both travelers and transportation operators understand the rights of people traveling with a service animal.

3. Getting from Point A to Point D (& Back to Point A). Title II of the ADA protects people with disabilities against discrimination on all modes of public transportation services operated by state and local governments. In addition, the ADA applies to rail transit systems. The ADA doesn’t apply to air travel, which is instead covered under the Air Carrier Access Act. Under the ADA, the U.S. Department of Transportation provides paratransit services, which are door-to-door transportation services that eligible customers can use to travel within a specific area if they’re unable to use traditional “fixed-route” public transportation. The Amputee Coalition has afact sheet about paratransit that includes information on eligibility requirements. Read the National Aging and Disability Transportation Center’s tips for using ADA paratransit services or the Disability Rights Education and Defense Fund’s guide, “ADA Paratransit Eligibility: How to Make Your Case” to learn more. If you believe you’ve been discriminated against because of your disability while using public transportation services, you can file a complaint with the Federal Transit Administration.

4. What the ADA Means for Small Businesses. Small business owners may need help understanding how the ADA applies to them. The two areas of the law that primary affect small businesses are Title I, which includes protections for employees and jobseekers with disabilities, and Title III, which prohibits discrimination against customers with disabilities by private businesses of any size, commercial facilities and other “public accommodations.” This can include movie theaters, hotels, grocery stores and sports arenas. The ADA requires employers with 15 or more employees to provide “reasonable accommodations” for employees with disabilities, unless doing so would cause undue hardship. The Job Accommodation Network has more information on reasonable accommodations, including average costs. Business owners can take an online course about how to be welcoming to customers with disabilities. Learn about ADA regulations related to service animals in places of business. The U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice (DOJ) offer detailed information about how the ADA applies to small businesses. For more information, read “Small Business and the ADA: Getting it Right.”

5. Protecting Your Right to Vote. All Americans with disabilities should be able to vote independently and accessibly. The ADA is one of several laws protecting those rights. These laws help ensure polling place accessibility and the availability of alternative voting methods and voting aids for voters with disabilities. The recently updated “ADA Checklist for Polling Places” has information about making polling places accessible. The U.S. Election Assistance Commission offers resources for voters with disabilities, including helpful tips and a video about polling place accessibility. Learn about the American Association of People with Disabilities’ REV UP voting initiative. The Arc’s voting toolkit includes voting resources and a blog post about how guardianship impacts voting rights. For more information, visit DOJ’s voting section or contact your state’s voting commission or board of elections. Learn how to file a complaint if you feel your voting rights have been violated. Call 1-866-OUR-VOTE (687-8683) to report voting issues or concerns.

6. How Do I Work & Care for a Family Member? The Family and Medical Leave Act (FMLA) requires applicable employers to allow their employees to take unpaid leave for family and medical reasons, while still keeping their job. Under FMLA, an employee can take leave for up to 12 weeks within a 12-month period for the following reasons: a serious health condition; to care for a family member with a serious health condition; the birth and care of a newborn; or the adoption of a child or placement of a child from foster care with the employee. “Family” under FMLA includes your spouse, parents and children. Children older than 18 are also included under FMLA if they’re unable to take care of themselves and require assistance because of a disability. Qualification for leave also extends to military families when Service Members are on active duty. The National Partnership for Women and Families compiled this guide to help people understand their rights and responsibilities under the FMLA. Visit the U.S. Department of Labor’s (DOL) website to learn more about how FMLA works, how to determine if you’re eligible and the process for taking leave.

7. A Bright IDEA for Education. The Individuals with Disabilities Education Act (IDEA) was enacted in 1975 to ensure that all children with disabilities receive a free and appropriate public education. The IDEA provides services for infants and toddlers from birth to age 2 (part C) and children and youth ages 3 – 21 (part B). The act includes provisions for early intervention services, which help babies with disabilities or developmental delays get the supports they need to meet developmental milestones. If you’re concerned about your child’s development, contact your pediatrician for a developmental evaluation. Find early intervention services in your state. For school-age children, IDEA covers special education services, classroom accommodations and supports and school-to-work transition. Every student who receives special education services must have an individualized education program, which contains goals for the student and spells out the services that will be provided. These goals and services are decided by a team of educators, the parents and the child. Contact your local Parent Center for more information on the IDEA, special education services and the rights of parents of children with disabilities.

8. Strengthening America’s Workforce through the Workforce Innovation & Opportunity Act. Two years ago this month, President Obama signed the Workforce Innovation and Opportunity Act (WIOA) into law. WIOA helps modernize and streamline America’s public workforce system, and ensure that jobseekers, including people with disabilities, have access to employment, education and job training services. In June, DOL and the U.S. Department of Education released final rules for implementing WIOA. DOL’s Employment and Training Administration offers guidance to help workforce development agencies, American Job Centers and youth programs implement the law. Read this fact sheet or watch a video to learn more. WIOA also makes changes to Section 503 of the Rehabilitation Act of 1973. These changes ensure that federal contractors and subcontractors don’t discriminate against job applicants or employees with disabilities. DOL’s Office of Federal Contract Compliance Programs has resources, including a checklist and answers to frequently asked questions, to help federal contractors make sure their recruiting, hiring and employment practices comply with Section 503. Find a list of organizations and programs that can help federal contractors recruit and hire qualified workers with disabilities.

9. GINA Prevents Discrimination. Some people have genetic differences that affect their chances of developing certain diseases or disorders. As scientists learn more about the profound impact these differences have on health, more and more tests are being developed to help prevent disease and treat patients. But what if your DNA was used to discriminate against you? The Genetic Information Nondiscrimination Act of 2008 (GINA), is a federal law put into place to prevent people from being treated unfairly because of their genetics. The law makes it illegal for health insurers and employers to refuse service or otherwise discriminate against a person because of their genetic makeup. It’s important to note that GINA doesn’t cover life insurance, disability insurance and long-term care insurance. Before GINA came into effect, several states had passed laws against genetic discrimination, but those laws varied widely. Since GINA is a federal law, it sets a minimum standard of protection that must be met in all 50 states, but doesn’t weaken the protections provided by state laws.

10. Olmstead for Community Living. Since the ADA was signed into law, there have been several legal cases regarding certain aspects of the law that have greatly impacted the lives of people with disabilities. One such case was Olmstead v. L.C., known as “Olmstead.” In that case, the Supreme Court of the United States found that the ADA prohibits the unnecessary segregation or institutionalization of people with disabilities. Olmstead requires states to ensure that people with disabilities receive services in the most integrated setting possible, including home and community-based settings. The case was brought by two women from Georgia who were receiving services at state-run institutions, even though it had been determined that they could have just as easily gotten treatment in home or community-based settings. After a series of appeals, the Supreme Court issued their groundbreaking ruling in July 1999. Olmstead has moved federal, state and local authorities to expand community-based services for people with disabilities. If you or a loved one needs help moving from a nursing home into the community, contact your local Center for Independent Living. Learn how to file a complainabout violations of the ADA’s “integration mandate.”

For more information on the ADA and other disability rights laws, visit Disability.gov’s Guide to Disability Rights Laws or Disability.gov’s Civil Rights section. Don’t forget to like Disability.gov on Facebook, follow us on Twitter  and use #DisabilityConnection to talk to us about this newsletter. You can also read Disability.Blog for insightful tips and information from experts in the community.

https://www.disability.gov/disability-connection-newsletter-july-2016/

For more on disability resources from  Disability.gov.

# related post:

10 Things You May Not Know about the Americans with Disabilities Act (ADA) Part 1