Further progress for Americans with Disabilities
Author Attorney Greg Reed:
As discussed in Part 1, Franklin D. Roosevelt created the Social Security program in 1935. The program didn’t provide support to the disabled, but it helped set an important precedent. Prior to this time, those with disabilities would be institutionalized under unacceptable conditions. Social Security was a turning point in how those who could not work were treated. Many cultural trends from the 30s through the 90s culminated in better treatment for the disabled.
In the late 1930s, civil rights movements, technology and culture all made positive changes for the disabled.
The League of the Physically Handicapped was established in New York in 1935. The organization fought to include disabled Americans in Roosevelt’s jobs programs. Around this time, the folding wheelchair was invented. The technology helped disabled people access opportunities they could not before. In the cultural sphere, Ray Charles and Lou Gehrig were gaining popularity for overcoming their handicaps.
Eugenics was a popular philosophy in the early 20th century, but after the World Wars, it became clear that perspective was not the appropriate way to treat those with disabilities.
When the disabled and injured were the heroes who fought in the wars, it was harder to justify poor treatment. It is well known the Nazis were proponents of eugenics and the philosophy fell out of favor after World War II.
In the 1950s and 60s, significant progress was made for the disabled.
Veterans disabled in the war formed strong political organizations. In 1950, the Social Security program was expanded to provide for those over 50 who were disabled; by 1960 the age requirement was removed and any permanently disabled American could receive benefits.
During this time, civil rights movements for women and African Americans were shifting perspectives towards a more inclusive society.
The 1954 case Brown v Board of Education famously desecrated schools, but also set a legal precedent which lead to the mentally handicapped being able to attend school in the 1970s. Similarly, the 1964 Civil Rights Act, originally enacted to protect minorities and women, was eventually expanded (in 1990) to prohibit discrimination against those with disabilities.
In 1968, the year of the first Special Olympics, the Architectural Barriers Act was passed.
This act set the precedent for modern accessibility laws. The Architectural Barriers act mandated that any building constructed with federal funds (including many post offices, libraries, and museums) would be accessible to the handicapped.
The 1970s saw many more advancements for the disabled. In 1973, any institutions receiving federal funds were prevented from discriminating on the basis of disability.
In 1974, the last of the so-called “ugly laws” was repealed. “Ugly laws” were laws that made it illegal for people with obvious physical deformities from appearing in public. The concept of a law preventing someone from appearing in public because of their appearance is odious to modern sensibilities, but in early America, many places had such laws.
In 1980s (the International Decade of Disabled Persons), civil rights continued to expand for the disabled community.
Many organizations for the disabled began in the 80s, including National Council on Independent Living, World Institute on Disability, Job Accommodation Network, and The Society for Disability Studies. Federal laws were passed helping the disabled gain access to housing and transportation.
By the 90s, disability no longer meant being confined to an institution.
The disabled were able to live on their own with Social Security Disability Insurance, able to communicate with through technologies such as closed captioning and braille, and exerting more political influence than ever before. In 1990, George Bush signed The Americans with Disabilities Act into law.
The Americans with Disabilities Act extends the protections of the Civil Rights Act to the disabled.
The law has 5 different “titles” or sections:
- Disability joins race and sex as a class protected from discrimination
- Employers are required to provide “reasonable accommodation” for the disabled
2) Public Services
- Government cannot discriminate on the basis of disability
- Governmental services and programs must include accommodation for the disabled
- Public transit must be accessible to the disabled
3) Private Services
- “Places of public accommodation” (Stores, hotels, restaurants, etc.) cannot discriminate on the basis of disability.
- “Places of public accommodation” must make reasonable modifications to serve people with disabilities and communicate with visually or hearing impaired individuals.
- Telephone companies are required to provide relay services to help those with hearing and speech disabilities communicate.
- Federally funded public service announcements are required to have closed captioning
- The ADA does not override existing laws
- This title lists conditions not considered disabilities, including sexual behaviors and illegal drug use.
- The ADA cannot be used to claim reverse discrimination (i.e., someone saying they were discriminated against because they do not have a disability.)
The ADA has been a monumental victory for those with disabilities. The new law requires places of business to accept the disabled as workers and customers. The disabled were now seen as people to be included, rather than isolated and institutionalized.
Today, if you have been injured or become ill, you don’t have to worry about being put in an almshouse. However, disability is still financially devastating. Social Security provides benefits to those who are unable to work due to a disability. If you are interested in applying for Social Security benefits, or if you have applied for Social Security benefits and been denied, you may want to hire an attorney. Social Security can be complex and the application process can be difficult. Having a knowledgeable, experienced disability attorney on your side can help make the experience of applying for benefits easier. Contact the attorneys at Bemis, Roach and Reed today for a free consultation. Call 512-454-4000 and get help NOW.
Author: Attorney Greg Reed has been practicing law for 29 years. He is Superlawyers rated by Thomson Reuters and is Top AV Preeminent® and Client Champion Gold rated by Martindale Hubbell. Through his extensive litigation Mr. Reed obtained board certification from the Texas Board of Legal Specialization. Greg is admitted to practice in the United States District Court - all Texas Districts and the United States Court of Appeals-Fifth Circuit. Mr. Reed is a member of the Travis County Bar Association, Texas Trial Lawyers Association, past Director of the Capital Area Trial Lawyers Association, and an Associate member of the American Board of Trial Advocates. Mr. Reed and all the members of Bemis, Roach & Reed have been active participants in the Travis County Lawyer referral service.
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