The Americans with Disabilities Act (ADA)
Senator Dole as an Advocate for the Disabled
On July 26, 1990, President H.W. Bush signed the Americans with Disabilities Act into law. The act was an important piece of civil rights legislation, decreeing "that persons with disabilities ought to be judged on the basis of their abilities; they should not be judged nor discriminated against based on unfounded fear, prejudice, ignorance or mythologies."
Senator Dole was a fitting advocate for people with disabilities. In an interview with ABILITY Magazine, Senator Dole described the effect of his war injury:
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Throughout his career, Senator Dole advocated for the disabled. In 1989 he founded the Dole Foundation, an organization that helps disabled people find employment. In a 2000 interview with C-Span, he remembered the Americans with Disabilities Act as one of his proudest achievements.
Controversy Around the Act
The road to the successful passage of the ADA was not an easy one, however. In June of 1990, the bill seemed on the verge of unraveling as legislators hammered out a compromise, and one unhappy senator dubbed it "The Month from Hell."
The controversy was centered on two key questions: the contentious Chapman Amendment and the question of how Congress itself would be affected by the Act.
The Chapman Amendment was designed to protect restaurant owners from public fears about AIDS. Despite scientific evidence to the contrary, the members of the National Restaurant Association (NRA) believed that if patrons knew that AIDS patients were handling their food, they would lose business. The amendment would have allowed restaurants to re-assign employees with AIDS to comparably paid jobs where they would not handle food. A majority of senators in both houses supported the amendment.
Opponents to the amendment argued that it violated the spirit of the bill, which was to end discrimination based on unfounded fears. The disabled community showed remarkable unity by unanimously threatening to withdraw support of the bill and effectively kill the legislation should the amendment be passed.
Senator Dole later commented on public misunderstanding of disabilities:
"With some employers you have to go through this myth list with them and show them that persons with disabilities can be valuable employees."
Gradually, through the continued pressure of the disability community and through the shift in attitudes of many senators, the amendment was defeated by a small margin in both houses.
The second controversial aspect of the bill was the question of who could enforce its application to Congress. The Senate rejected the idea that the House could wield enforcement power over it, and decided that the Senate would itself be responsible for adhering to the new law. Also at issue was the question of whether people could sue Congress directly for violating the ADA. Ultimately, the private right to action was upheld and it was decided that private citizens could sue the Congress just as they could sue any other entity covered by the act.
Significantly, the "month from hell" demonstrated the unity of the disability community and its commitment to standing with AIDS organizations. It also affirmed that no one subgroup of the disability community could be singled out based on fears that had no basis in fact.
The ADA is Passed
In its final form, the act prohibited discrimination in public or private employment, in public entities (such as public universities or hospitals) and in places of public accommodation (like hotels and restaurants). It introduced a new concept of nondiscrimination: reasonable accommodations. It required that businesses to protect people with disabilities from discrimination, such as allowing guide dogs or making structural changes to allow wheelchairs. According to the bill, qualified individuals with disabilities must be accommodated in the workplace and in public. It also protected employers from extreme expense with an "undue hardship" clause, which states that if an alteration or service to accommodate a disabled person is prohibitively expensive, the proprietor is not required to do it.
On July 16, 1990, more than 3,000 people attended the signing ceremony on the White House lawn. As he signed the bill, President George H. W. Bush said:
"Every man, woman and child with a disability can now pass through once-closed doors into a bright new era of equality, independence and freedom… We will not tolerate discrimination in America." (Read President Bush’s Full Remarks at ADA Signing)
Bob Dole added: "This historic civil rights legislation seeks to end the unjustified segregation and exclusion of persons with disabilities from the mainstream of American life… the ADA is fair and balanced legislation that carefully blends the rights of people with disabilities… with the legitimate needs of the American business community."
The second day I imagine all Senators remember is the day you made your first major floor speech, or "maiden speech," as it was known years ago. For me, it was April 14, 1969 -- nearly three and a half months after being sworn in. In those days, freshmen Senators were still seen but rarely heard.
There are some issues you tackle because it's your duty as a Senator from your State. But one of the great things about the Senate is that it also gives you the opportunity to make a difference on issues on which you can offer some personal insight and expertise.
April 14, 1969, was the 24th anniversary of the day I was wounded in Italy. My first floor speech was about challenges faced by disabled Americans. Those issues remained on my agenda throughout all the years I was here, and every year, on about April 14, depending on whether we were in or out of session, I made a statement on the Senate floor about the problems of the disabled.
One thing I will always remember -- and others here will remember -- is the sight of all the wheelchairs on the White House lawn when President Bush signed the Americans with Disabilities Act into law, nearly a decade ago -- 10 years this July. I want to say thank you to the Senators -- and there are many here, on both sides -- who worked on this issue over the years. We thank you for it.
In fact, Phil Hart was a good friend of mine. We were in the hospital together. Dan knew him there, too. But he once said he regarded politics, and I quote, "as an opportunity to make a more humane life for everybody." And so it is, especially if Senators borrow from their personal experiences to make a difference for others.
This is an immensely important day, a day that belongs to all of you. Everywhere I look, I see people who have dedicated themselves to making sure that this day would come to pass: my friends from Congress, as I say, who worked so diligently with the best interest of all at heart, Democrats and Republicans; members of this administration -- and I'm pleased to see so many top officials and members of my Cabinet here today who brought their caring and expertise to this fight; and then, the organizations -- so many dedicated organizations for people with disabilities, who gave their time and their strength; and perhaps most of all, everyone out there and others -- across the breadth of this nation are 43 million Americans with disabilities. You have made this happen. All of you have made this happen. To all of you, I just want to say your triumph is that your bill will now be law, and that this day belongs to you. On behalf of our nation, thank you very, very much.
Three weeks ago we celebrated our nation's Independence Day. Today we're here to rejoice in and celebrate another 'independence day,'' one that is long overdue. With today's signing of the landmark Americans for Disabilities Act, every man, woman, and child with a disability can now pass through once-closed doors into a bright new era of equality, independence, and freedom. As I look around at all these joyous faces, I remember clearly how many years of dedicated commitment have gone into making this historic new civil rights act a reality. It's been the work of a true coalition, a strong and inspiring coalition of people who have shared both a dream and a passionate determination to make that dream come true. It's been a coalition in the finest spirit -- a joining of Democrats and Republicans, of the legislative and the executive branches, of Federal and State agencies, of public officials and private citizens, of people with disabilities and without.
This historic act is the world's first comprehensive declaration of equality for people with disabilities -- the first. Its passage has made the United States the international leader on this human rights issue. Already, leaders of several other countries, including Sweden, Japan, the Soviet Union, and all 12 members of the EEC, have announced that they hope to enact now similar legislation.
Our success with this act proves that we are keeping faith with the spirit of our courageous forefathers who wrote in the Declaration of Independence: ``We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights.'' These words have been our guide for more than two centuries as we've labored to form our more perfect union. But tragically, for too many Americans, the blessings of liberty have been limited or even denied. The Civil Rights Act of '64 took a bold step towards righting that wrong. But the stark fact remained that people with disabilities were still victims of segregation and discrimination, and this was intolerable. Today's legislation brings us closer to that day when no Americans will ever again be deprived of their basic guarantee of life, liberty, and the pursuit of happiness.
This act is powerful in its simplicity. It will ensure that people with disabilities are given the basic guarantees for which they have worked so long and so hard: independence, freedom of choice, control of their lives, the opportunity to blend fully and equally into the rich mosaic of the American mainstream. Legally, it will provide our disabled community with a powerful expansion of protections and then basic civil rights. It will guarantee fair and just access to the fruits of American life which we all must be able to enjoy. And then, specifically, first the ADA ensures that employers covered by the act cannot discriminate against qualified individuals with disabilities. Second, the ADA ensures access to public accommodations such as restaurants, hotels, shopping centers, and offices. And third, the ADA ensures expanded access to transportation services. And fourth, the ADA ensures equivalent telephone services for people with speech or hearing impediments.
These provisions mean so much to so many. To one brave girl in particular, they will mean the world. Lisa Carl, a young Washington State woman with cerebral palsy, who I'm told is with us today, now will always be admitted to her hometown theater. Lisa, you might not have been welcome at your theater, but I'll tell you -- welcome to the White House. We're glad you're here. The ADA is a dramatic renewal not only for those with disabilities but for all of us, because along with the precious privilege of being an American comes a sacred duty to ensure that every other American's rights are also guaranteed.
Together, we must remove the physical barriers we have created and the social barriers that we have accepted. For ours will never be a truly prosperous nation until all within it prosper. For inspiration, we need look no further than our own neighbors. With us in that wonderful crowd out there are people representing 18 of the daily Points of Light that I've named for their extraordinary involvement with the disabled community. We applaud you and your shining example. Thank you for your leadership for all that are here today.
Now, let me just tell you a wonderful story, a story about children already working in the spirit of the ADA -- a story that really touched me. Across the nation, some 10,000 youngsters with disabilities are part of Little League's Challenger Division. Their teams play just like others, but -- and this is the most remarkable part -- as they play, at their sides are volunteer buddies from conventional Little League teams. All of these players work together. They team up to wheel around the bases and to field grounders together and, most of all, just to play and become friends. We must let these children be our guides and inspiration.
I also want to say a special word to our friends in the business community. You have in your hands the key to the success of this act, for you can unlock a splendid resource of untapped human potential that, when freed, will enrich us all. I know there have been concerns that the ADA may be vague or costly, or may lead endlessly to litigation. But I want to reassure you right now that my administration and the United States Congress have carefully crafted this Act. We've all been determined to ensure that it gives flexibility, particularly in terms of the timetable of implementation, and we've been committed to containing the costs that may be incurred.
This act does something important for American business, though -- and remember this: You've called for new sources of workers. Well, many of our fellow citizens with disabilities are unemployed. They want to work, and they can work, and this is a tremendous pool of people. And remember, this is a tremendous pool of people who will bring to jobs diversity, loyalty, proven low turnover rate, and only one request: the chance to prove themselves. And when you add together Federal, State, local, and private funds, it costs almost $200 billion annually to support Americans with disabilities -- in effect, to keep them dependent. Well, when given the opportunity to be independent, they will move proudly into the economic mainstream of American life, and that's what this legislation is all about.
Our problems are large, but our unified heart is larger. Our challenges are great, but our will is greater. And in our America, the most generous, optimistic nation on the face of the Earth, we must not and will not rest until every man and woman with a dream has the means to achieve it.
And today, America welcomes into the mainstream of life all of our fellow citizens with disabilities. We embrace you for your abilities and for your disabilities, for our similarities and indeed for our differences, for your past courage and your future dreams. Last year, we celebrated a victory of international freedom. Even the strongest person couldn't scale the Berlin Wall to gain the elusive promise of independence that lay just beyond. And so, together we rejoiced when that barrier fell.
And now I sign legislation which takes a sledgehammer to another wall, one which has for too many generations separated Americans with disabilities from the freedom they could glimpse, but not grasp. Once again, we rejoice as this barrier falls for claiming together we will not accept, we will not excuse, we will not tolerate discrimination in America.
With, again, great thanks to the Members of the United States Senate, leaders of whom are here today, and those who worked so tirelessly for this legislation on both sides of the aisles. And to those Members of the House of Representatives with us here today, Democrats and Republicans as well, I salute you. And on your behalf, as well as the behalf of this entire country, I now lift my pen to sign this Americans with Disabilities Act and say: Let the shameful wall of exclusion finally come tumbling down. God bless you all.