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THE SHAMEFUL WALL OF EXCLUSION

"The Other Side" Rally on the Tenth birthday of the American’s with Disability’s Act (ADA)

By Kaponda

Radiating bitter condemnation, the eyes of Leroy Moore, Jr. conducted the crowd through years of disappointment experienced by disabled people of color. His suggestive indictment of the exclusionary policies of the Americans with Disabilities Act cast a pall of gloom over its 10th Anniversary ceremonies around the country. The people at City Hall listened that Wednesday, July 26, 2000, as the president and founder of Disability Advocates of Minorities Organization (DAMO) told the other side of the ADA story.

Shepherded through the 101st United States Congress on July 26, 2000, the Americans with Disabilities Act (ADA) is a broad and wide-ranging instrument intended to make American society more accessible to people with disabilities. Its aim is to provide the 50 million Americans with disabilities the kind of quality of life that other Americans have been enjoying. The ADA legislation also offers protection against the widespread discrimination that had demoralized disabled people for so long.

On the other hand, people who are homeless, poor, women, immigrants and of color have been disproportionately affected by ADA. "Then-President George Bush," stated Leroy, as he continued his assault on the ADA, "During his proclamation of the ADA, uttered to the multitude, 'Let the shameful wall of exclusion finally come tumbling down!'" Leroy appeared to be gripped in a gust of emotion as the soft particles of sun embraced his body. With the massive structure of the granite building in his background, Leroy continued to speak.

"California has a diverse makeup of ethnic groups. Nonetheless, there is no platform for people of color to come together. We have no organization. We have no support group, consequently, we continue to be divest of power. However, DAMO will advocate for and educate those people of color who have not been empowered by ADA. In closing, let me leave you with the words of Dr. Martin Luther King, 'HOW LONG? TOO LONG!'"

Plucked from the hand of someone in the crowd by the wind, only a blue sheet of paper swirled amid the enthralled gathering as Leroy Moore, Jr. thanked everyone for their support and concern of the plight of people with disabilities. There were representatives of many different organizations in attendance. Unlike the San Francisco Police Officer who, after walking around several people in wheelchairs, demanded from my editor Lisa Gray-Garcia an event permit, the representatives at the Other Side Rally expressed sincere compassion.

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Hector Mendez, Director of La Familia, shared his thoughts with me on the steps of City Hall. According to Hector, "Although the ADA has been a monumental piece of legislation, communities with minorities such as Latinos, Asians, African Americans and Native Americans and all other multicultural communities in the country who will face the challenges of disabilities have not fully benefited. These groups contribute to a large percentage of unemployment in this country....We strongly feel that those who are benefiting from ADA are the architectural firms receiving major contracts to modify facilities around the country [in compliance with the ADA]. America has a good rap [about ADA] but does not follow through. Community advocates organize families with disabled kids. It is a family movement without much support from the ADA."

Disabled women of color have also been excluded from the thrust of the ADA movement. Their voices have been suppressed in many conferences as well as in framing issues for media consumption. Disabled women of color lack protection in securing housing and health services. Furthermore, they are all too often easy targets for police aggression.

Title II of ADA has mandated that local and state governments provide the same services to people with disabilities as to other people on the same basis. In October of 1999, an ADA office was opened at City Hall. Since that time, 300 ADA complaints have been lodged of which the vast majority have been resolved. The complaints involved housing (accessible housing) and public right-away (including curb ramps, parking, and construction on the sidewalks). Approximately 10 percent of the 300 complaints included employment discrimination. Two of the ADA attorneys at City Hall attended the event. Susan Mizner and Walter Park are charged with making sure The City hires people who are disabled.

I asked Walter Park to explain the role he plays in City government on behalf of disabled people. Parks stated that he ensures that "The City promotes people who are disabled as well as provide reasonable accommodations to City workers who become disabled so that they can stay on the job."

While she tirelessly maintained the placard, Mary Kate Connor, Executive Director, Caduceus Outreach Services, poised herself as she prepared to deliver a compelling argument for the many disabled people who have been boxed in by violators of the Americans with Disabilities Act. After Mary Kate had finished speaking, I asked her to talk about the conditions of disabled people in America.

"During the last 60 years, people with disabilities have been rounded up and killed. The same thing is basically still happening in San Francisco today because of the poverty to which people with disabilities are consigned, and, as a result, are also consigned to homelessness," stated Mary Kate. She went on to explain that "There are an estimated 40 percent of people with psychiatric disabilities. For these estimated 40 percent, there are no housing, treatment or access to any kind of public programs. Because of this, these people are therefore consigned to death -- the same way that people were consigned to death by the Nazi Regime. This is neglect that is very benign, but as it was once said, 'Evil is benign.' It is the benignity of evil to allow this to continue. We are not going to take it anymore. We are going to use the ADA as a sphere and weapon to beat some sense into people that make policy and have money to let them know that we are not going to take it anymore.'"

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