Disability Rights are Civil Rights
by Jeff N . Eckert , Esq . SEN Law , PLLC
PHOTO CREDIT : Capitol Crawl ( https :// tomolincollection . com /? p = 166 )
The disability rights movement was founded upon the achievements of the civil rights movement .
In 1954 , a landmark Supreme Court case , Brown v . Board of Education of Topeka , led to a unanimous ruling that held racial segregation of children in public schools was unconstitutional in violation of the 14th Amendment . The doctrine of “ separate but equal ” was finally overturned . Eventually , the newly established “ separate is inherently unequal ” doctrine led to historic disability rights litigation and legislation that borrowed heavily from the civil rights movement ’ s model for strategic organizing and civil disobedience .
However , many states continued to resist racial desegregation orders by the Court . In 1955 , the Supreme Court in Brown v . Board of Education II admonished the states to integrate their schools “ with all deliberate speed .” For Black students of that era ( and arguably still ), equal education delayed amounted to equal education denied . Still , the civil rights movement persisted in its deliberately chosen litigation that culminated in historic federal legislation — the Civil Rights Act of 1964 . Cumulatively , these shifts laid the legal and societal groundwork for recognizing that individuals with disabilities were also deserving of and in need of similar affirmative protections .
The disability rights movement advocated for the Americans with Disabilities Act ( ADA ) and Section 504 of the Rehabilitation Act of 1972
During the 1970 ’ s , parents of disabled children joined forces with disability advocates to persuade Congress to enact watershed federal laws that would improve access to public places and establish protections against disability-based discrimination . These federal disability statutes and regulations followed the path trailblazed by the civil rights movement . On April 5 , 1977 , activists staged demonstrations around the country at the regional offices of the federal Department of Health , Education , and Welfare ( HEW ). In San Francisco , the protesters marched into the local HEW office and remained there for nearly four weeks . This collective act of civil disobedience became known as the 504 Sit-In . During the 504 Sit-In , Black Panther members joined the disability activists and helped to feed and supply the disabled protestors .
Under Section 504 , nondiscrimination based on disability became a recognized right deserving of equal protection and due process . Section 504 governs programs and activities that receive federal funding or are conducted by the federal government in healthcare , child welfare programs , and public education ; this led to tangible changes in public accommodations in classrooms , libraries , courtrooms , and public transit . The regulations established by Section 504 ushered in an increased understanding of accessibility leading eventually to the passage of the Americans With Disabilities Act ( ADA ) in 1990 .
As with the civil rights legislation , the battle for the ADA was hard fought and won by disability advocates . On March 12 , 1990 , physically disabled children and adults held a first-of-its-kind Capitol Crawl . To symbolize the barriers confronting disabled people , more than 60 disabled children and adults left behind their crutches , wheelchairs , and other mobilityassistance devices and began crawling up the 83 stone steps that lead to the Capitol . Four months later , Congress passed the ADA which provided a framework of access to disabled persons in areas of daily life from voting to housing to public accommodations . Cities created curb cuts to improve accessibility and mobility from the street to the sidewalk . Federal buildings became more accessible by installing ramps and wider restroom stalls .
Critically , the ADA not only prohibits disability-based discrimination but also requires covered employers to provide reasonable accommodations to employees with disabilities and imposes accessibility requirements in
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