Friday, July 31, 2015

Beautiful Acts: Americans with Disabilities & Older Americans

“I want future generations to know that we are a people who see our differences as a great gift, that we are a people who value the dignity and worth of every citizen – man and woman, young and old, black and white, Latino and Asian, immigrant and Native American, gay and straight, Americans with mental illness or physical disability.”
-- U.S. President Barack Obama, January 20, 2015 State of the Union Address
This month’s 25th anniversary of Americans with Disabilities Act (ADA), at least in San Francisco Bay Area, seemed to upstage the 50th anniversaries of Older Americans Act (OAA) and Medicare.  While OAA tends to promote age segregation by funding programs for age 60+ (with few intergenerational provisions that could be strengthened), I prefer ADA’s provisions for reasonable accommodation to promote integration into community living for all ages and abilities.  Ideally, integration creates inclusive communities where everyone can be accepted for who they are.

In Andy Imparato’s blog post, The ADA and Claiming Disability, I thought about inserting “old age” for “disabilities”:  
“Rather than buying into the larger societal narrative that disabilities are inherently limiting, we have an opportunity to recognize that personal experience with disability can lead to greater personal strength, creative problem-solving, and a stronger connection to other populations who face discrimination at work, at school and in the community.”

From ugly to beautiful law

In 1867, the first “ugly law,” making it illegal for persons with disabilities to appear in public, was enacted in San Francisco.  In 1977, San Francisco helped set the stage for passage of ADA, when more than 150 people of all types of disabilities took part in the longest occupation of a federal building, in the San Francisco regional office of the Department of Health, Education and Welfare (HEW), to demand implementation of regulations to Section 504 of the Rehabilitation Act of 1973.  
Carla Johnson of San Francisco Mayor’s Office on Disability (MOD) and Community Alliance for Disability Advocates (AIDS Legal Referral Panel, Senior and Disability Action, San Francisco IHSS Public Authority, The Arc of San Francisco, LightHouse for the Blind, Independent Living Resource Center of San Francisco, Paul K. Longmore Institute on Disability, Community Living Campaign, Toolworks, Bakeworks) hosted ADA Month Kick Off Celebration on July 1st inside City Hall (which celebrated its own centennial last month).   
Mayor Ed Lee greeted the audience of “beautiful people” and praised ADA for promoting independence, inclusion and community, consistent with making San Francisco for the 100%.  During last month’s U.S. Conference of Mayors meeting in San Francisco, he introduced a resolution that was adopted nationwide to recommit cities to the goals and ideals of ADA.  He then proclaimed July as ADA Month in San Francisco. 
District 1 Supervisor Eric Mar honored grassroots organizations like ILRC and co-sponsors for organizing California #ADA25 Conference on September 25-26, in San Francisco.  He said it was Disability Empowerment Month when supervisors would introduce legislation, led by people with disabilities and supported by allies, and spoke about need for Dignity Fund. 
Kathy Martinez, a former ten-year-old actress in Lassie TV show, recalled being age 17 during 1977 sit-in that was an “invitation to fight for our civil rights.”  As former Assistant Secretary in Office of Disability Employment Policy at U.S. Department of Labor, she advocated hiring people with disabilities to achieve financial independence.  
Former Assemblymember Tom Ammiano recalled being a school teacher who brought his hungry students to the 504 rally, so when asked, “What do we want?” they replied, “French toast,” instead of “civil rights!”  On a more serious note, he reminded us that we all get old, when accommodations are welcome then, but awareness is needed beforehand to prepare.  He said to look for the 2016 ballot measure for Dignity Fund, which would allocate real estate taxes for seniors and persons with disabilities. 
Access SFUSD appeared on stage twice: to speak on disability perspectives (“because of ADA …”) and to show their dance moves to a medley of songs from 1990.
San Francisco MOD squad, established in 1998 as the City's overall ADA Coordinator, and banner reminded us that celebrating 25 years of ADA doesn't stop here:  the struggle continues to eliminate attitudinal, communication, transportation, policy and physical barriers in order to achieve full integration of people with disabilities in our society. 
Ms. Wheelchair California at Patient No More panel, a preview of larger exhibit at Ed Roberts Campus in Berkeley.
Bryan Bashin of LightHouse and Catherine Kudlick of Longmore Institute. Catherine explained double meaning of Patient No More: people with disabilities have lives beyond medicine, and they should not have to wait.   

Universal design 
Panelists discussed ADA’s impact on design with architect Michael Chambers as moderator at SmithGroupJJR in San Francisco:
·      Architect Chris Downey of Architecture for the Blind: ADA means opportunity, access to life; no handicap unless barrier is put in the way, which is done (or not done) by an architect in the built world; one has a disability, but not disabled; access is not just code, but a civil right
·      Disability Rights Advocates attorney Zoe Chernicoff: ADA is not just about physical access but covers more; for example, solitary confinement discriminates against people with mental disabilities
·      Architect and gerontologist Alexis Denton: ADA provides minimum standards, should aspire to go beyond with universal design for everyone and create great experience by designing with empathy
·      Architect Gilda Puente-Peters: ADA model has been used internationally by other countries to develop their own access standards, but ADA enforcement is weak
·      Center for Independent Living’s work and benefits counselor Alana TheriaultADA, which does not cover airplanes (but Air Carrier Access Act does), could be improved to provide more expansive definition of access.

Chris and Alana mentioned Berkeley’s Ed Roberts Campus as an example of accessible design.                   
Ed Roberts Campus housed the equally accessible exhibit, Patient No More! People with Disabilities Securing Civil Rights, which held its grand opening on ADA’s 25th anniversary on July 26. 
Spiral ramp inside Ed Roberts Campus 
Quiet area outdoors to get away from sensory overload 
Disability Mural (2000-Present) is the first community artwork about the everyday experiences of living with a disability, created by people with and without disabilities. 
Mural tile reads: "One day many people will learn to sign, and we all be seeing voices...when all the world speaks with its hands!"
Room for improvement on one size fits all

Rosemarie Garland-Thomson has noted that disability is the body's response over time to its environment.  Temporarily abled people who acquire a disability later in life experience disability differently (like learning a foreign language later in life), than people who have a congenital disability and already have adapted to “fit in” the built environment or changed the inaccessible environment to accommodate their individual differences (latter often benefits our broader society).  People with a congenital disability do not experience loss over not being able to do “normal” activities because they never did, so this self-acceptance reframes “the problem is the solution.” 
  
Celebrating disability civil rights 
Cathy Kudlick, who developed Patient No More exhibit with her team at Longmore Institute, welcomed attendees at grand opening. 
Jeff Moyer, songwriter and 504 participant, led 504 protest song, Hold On:
        “Civil Rights were knocking at our door,
        But Carter wouldn’t stand on 504…
        After four years of delay,
        We came to claim the ground we’d gained…
        Well, for 28 days unafraid
        150 people with disabilities they stayed.
        They had their eye on the prize.  They held on.
        Hold on. Hold on.
        Keep our eyes on the prize. Hold on…”  
Dennis Billups, 504 Chief Morale Officer, led chant, “1-2-5-0-4. Kickin’ in the bathroom door …We’re rolling in victory now.” 
Interactive exhibit, with poster of Billups during 504 demonstration, invited visitors to respond, What makes you “patient no more”?  
Bruce Oka, 504 participant and former SFMTA Director, said he was "patient no more" because he was tired of being excluded, and talked about need to be included. 
Corbett O’Toole said she was "patient no more" because there are only two lawyers in the nation available to represent parents with disabilities losing custody of their children. 
Persons with disabilities nationwide occupied the regional offices of HEW in April 1977, but only San Francisco held out until April 28, 1977 when HEW Secretary finally signed regulations implementing Section 504. 
·      504 protests and ADA legislation grouped people with many different disabilities together, so there would be one big ADA instead of mini-ADAs for each impairment group
·      504 resulted in a national disability rights movement and national disability organizations that could promote and defend ADA
·      504 defined disability flexibly and took prejudice into account, so ADA could be about civil rights rather than medical diagnoses
Section 504 served as a template for the more comprehensive ADA passed in 1990, showing that disability rights could benefit many without adding a huge burden on society.  



disability = diversity





Invisible disabilities

At this month’s Mayor’s Disability Council meeting, attendees presented on “what ADA means to me” with several mentioning “invisible” disabilities (like learning differences and psychiatric disorders), how physical and mental disabilities influence another, and the financial impacts.  The majority of disabilities are non-apparent, and until ADA Amendments Act of 2008, the U.S. Supreme Court did not consider persons with diabetes and mental illness as disabled, and thus not entitled to protection against discrimination.  In fact, neuropsychiatric disorders represent the largest category of disability in the U.S. The landmark Olmstead case, in which the U.S. Supreme Court ruled that persons with disabilities must be enabled by states to live in the “most integrated setting appropriate” to their needs and that “unjustified isolation” is discrimination based on disability under Title II of ADA, involved persons with “invisible disabilities” (mental illness and developmental disabilities).
People With Disabilities Foundation (PWDF), a non-profit that aims to “provide total integration of people with mental disabilities into the whole of society,” hosted a delegation of disability advocates from 20 countries, at the invitation of U.S. Department of State’s International Visitor Leadership Program (IVLP), Access for All: Enhancing the Lives of People with Disabilities. Founded 15 years ago in San Francisco, PWDF won the nation’s first court case requiring a federal agency to accommodate the needs of persons with mental disabilities, who were denied equal access to Social Security disability programs, in violation of Section 504 of the Rehab Act of 1973, because they could not understand the complex eligibility rules. PWDF’s Parity in Advocacy initiative works to provide equal access to legal representation for those with mental disabilities (advocacy version of Mental Health Parity).

With the passage of ADA 25 years ago, the U.S. became the first country in the world to adopt national civil rights legislation banning discrimination against persons with disabilities.  ADA was the model for the Convention on the Rights of Persons with Disabilities (CRPD), which U.S. President Barack Obama signed in 2009, but its ratification voted down by the Senate.  

                                                                  
The 50th anniversary of Older Americans Act (OAA) on July 14 was a non-event in the Bay Area.  The decennial White House Conference on Aging (WHCoA) took place the day before with at least one watch party of the live stream in San Francisco.  Congress didn't fund WHCoA so its executive director Nora Super had to get non-government sponsors to help organize this event.  At least on July 16, the Senate passed the bill reauthorizing OAA, which expired 2011, and now goes to the House for consideration. 

I was not aware of any delegations visiting from other countries to learn about OAA as a model . . . 
Senior and Disability Action’s monthly meeting celebrated ADA rather than OAA.
Model garden at 30th Street Senior Center is a beautiful act of nature