House Floor Vote on ADA Restoration - What Went Down
At 4:15 PM, approximately two hours after the press conference on H.R. 3195, ADA Restoration, now known as the ADA Amendments Act, went to the House floor for debate and a final vote.
Rep. George Miller (D-CA),
Chairman of the House Education & Labor Committee, provided the
first statement on the floor. Referencing House testimony given in the
Education & Labor Committee earlier this year, Chairman Miller
outlined the experience of Carey McClure, an electrician whose
job offer was rescinded after his employer discovered he had muscular
dystrophy, to explain the need for restoration of Congressional intent
for the ADA. Next referencing the U.S. Chamber of Commerce's support of
the legislation, he went on to characterize the legislation as a
balanced approach to ensure reasonable protections for people with
disabilities.
Rep. Buck McKeon
(R-CA), Ranking Member of the House Education & Labor Committee,
briefly spoke next, before reserving the remainder of his time, and
referenced the process of negotiations between the employer and
disability communities in arriving at the legislation before the House
today, characterizing that process as truly one of give and take.
Rep. Jim Langevin
(D-RI) spoke next, poignantly referring to his life as a person with a
disability both before and after the ADA. He stated that he remembered
when, before the ADA, reasonable accommodations were seen as personal
courtesies rather than civil rights. He urged his fellow Members to
vote for H.R. 3195 to send a strong message that discrimination would
not be tolerated.
Rep. Lynn Woolsey
(D-CA) next stated that people with disabilities just want the same
opportunities as anyone else and that it's time to do the right thing
and bring back the original intent of Congress in passing the ADA.
After Rep. Woolsey, Rep. Robert Andrews
(D-NJ) spoke, saying that words have meanings and that when the ADA was
passed, "disability" had a common sense interpretation. Andrews said
that while Americans on the street could apply common sense to
determine who was and wasn't disabled for purposes of the protections
of the ADA, it was unfortunate that the same reasoning was not present
on the Supreme Court. Andrews said that H.R. 3195 represents a fair set
of standards, representing a well-struck balance. He stated that H.R.
3195 would stand as a "liberation of talents," enabling people with
disabilities who have been kept out of the workplace to enter it.
Minority Whip Roy Blunt (R-MO) spoke next, stating that H.R. 3195 strikes the right balance between protections of people with disabilities and the obligations on businesses. He said it was better for Congress to say what they meant than to have the Supreme Court continue to say what Congress meant.
Rep. Jerrold Nadler (D-NY) spoke after Blunt, urging his fellow Members to pass H.R. 3195 to restore the ADA's place amongst the other great civil right laws. Nadler also cited the case of Mary Ann Pimental, a nurse with breast cancer who was told by the courts that her cancer was not long-term enough to constitute a disability (despite the fact that she died four months after the court decision).
Rep. Jim Sensenbrenner (R-WI) spoke next, noting that the legislation had undergone a number of changes since he first introduced the legislation in the 109th Congress and now enjoys the support of both the business and disability communities. Sensenbrenner said the passage of H.R. 3195 was of paramount importance to the continued transformation of the U.S. under the ADA. He then recognized his wife, Cheryl Sensenbrenner, board chair of the American Association of People with Disabilities (AAPD), for her tireless efforts to see this legislation passed into law.
After Sensenbrenner spoke, Majority Leader Steny Hoyer (D-MD) thanked Reps. Sensenbrenner, McKeon, Miller, and others, for their efforts to ensure that the bill moved forward. Hoyer referenced the original ADA and spoke of all the indications of its success - elevators at the Metro, ramps at movie theatres, curb cuts - but said that the door that former President Bush had spoken of opening at the ADA's signing was still not 100% open for people with disabilities on account of the Supreme Court consistently chipping away at the rights given through the ADA. Hoyer also recognized and thanked the late Justin Dart and his wife Yoshiko Dart, for their continued leadership.
Chairman of the House Judiciary John Conyers (D-MI) spoke next, saying it was a curious thing how the Supreme Court gave three decisions in 1999 slamming the fundamental interests Congress had articulated when they passed the ADA in 1990. Conyers said that the history of civil rights in the 20th and 21st centuries has involved dealing with an understood directive from Congress that civil rights laws are to be interpreted broadly and liberally, and that nonetheless, Congress has constantly needed to remind the Supreme Court of how it is to interpret civil rights laws, which he acknowledged was not a comforting situation for him as the Chair of the Judiciary Committee.
Referencing Stephen Orr, a pharmacist with diabetes who was fired for insisting on a lunch break to regulate his insulin levels, Rep. Michael Castle (R-DE) stated next that he, too, rose in support of the legislation.
Rep. Jerry Moran (R-KS) spoke next, stating that all people are created by the same God and therefore all entitled to dignity, Moran also rose in support of H.R. 3195. Moran said no one wants "special rights," but rather everyone wants to be judged on their ability to perform. Moran went on to say that that is what H.R. 3195 is about and does. Quoting former Senator Bob Dole in his support of the original ADA, Moran said that he, too, seeks to end historic segregation.
Rep. McKeon spoke again following Moran, and spoke of the common ground that H.R. 3195 represents, acknowledging that some would have liked to have seen the bill go further and other wish it had not gone as far as it did. Overall, he said, it was neither an unreasonable expansion nor a dilution of existing rights.
Chairman Miller spoke again after McKeon, thanking the stalwarts of the disability rights movement in California, including thanks to Ed Roberts, Judy Heumann, Jim McDonald, and others. Reflecting on his own time in office, Miller cited his work on 504 regs, 508, the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), and now the restoration of the ADA. He said that it was a tribute to this Congress that when we look at integration in this society, we as a nation are far better off, far richer than before the struggles with this law.
Rep. Sensenbrenner made the final remarks at the end of the floor debate, remarking how in the hour of floor time, we had seen how our nation's framers intended for Congress to work. He went on to say that there was a problem and people with diverse opinions have proven in this legislation that we can do something beneficial and can act as a model for people around the world to see American democracy working for the good of the people. He concluded by calling for a roll call of the votes that would follow after a postponement.
...Read what happened in the floor vote.
Minority Whip Roy Blunt (R-MO) spoke next, stating that H.R. 3195 strikes the right balance between protections of people with disabilities and the obligations on businesses. He said it was better for Congress to say what they meant than to have the Supreme Court continue to say what Congress meant.
Rep. Jerrold Nadler (D-NY) spoke after Blunt, urging his fellow Members to pass H.R. 3195 to restore the ADA's place amongst the other great civil right laws. Nadler also cited the case of Mary Ann Pimental, a nurse with breast cancer who was told by the courts that her cancer was not long-term enough to constitute a disability (despite the fact that she died four months after the court decision).
Rep. Jim Sensenbrenner (R-WI) spoke next, noting that the legislation had undergone a number of changes since he first introduced the legislation in the 109th Congress and now enjoys the support of both the business and disability communities. Sensenbrenner said the passage of H.R. 3195 was of paramount importance to the continued transformation of the U.S. under the ADA. He then recognized his wife, Cheryl Sensenbrenner, board chair of the American Association of People with Disabilities (AAPD), for her tireless efforts to see this legislation passed into law.
After Sensenbrenner spoke, Majority Leader Steny Hoyer (D-MD) thanked Reps. Sensenbrenner, McKeon, Miller, and others, for their efforts to ensure that the bill moved forward. Hoyer referenced the original ADA and spoke of all the indications of its success - elevators at the Metro, ramps at movie theatres, curb cuts - but said that the door that former President Bush had spoken of opening at the ADA's signing was still not 100% open for people with disabilities on account of the Supreme Court consistently chipping away at the rights given through the ADA. Hoyer also recognized and thanked the late Justin Dart and his wife Yoshiko Dart, for their continued leadership.
Chairman of the House Judiciary John Conyers (D-MI) spoke next, saying it was a curious thing how the Supreme Court gave three decisions in 1999 slamming the fundamental interests Congress had articulated when they passed the ADA in 1990. Conyers said that the history of civil rights in the 20th and 21st centuries has involved dealing with an understood directive from Congress that civil rights laws are to be interpreted broadly and liberally, and that nonetheless, Congress has constantly needed to remind the Supreme Court of how it is to interpret civil rights laws, which he acknowledged was not a comforting situation for him as the Chair of the Judiciary Committee.
Referencing Stephen Orr, a pharmacist with diabetes who was fired for insisting on a lunch break to regulate his insulin levels, Rep. Michael Castle (R-DE) stated next that he, too, rose in support of the legislation.
Rep. Jerry Moran (R-KS) spoke next, stating that all people are created by the same God and therefore all entitled to dignity, Moran also rose in support of H.R. 3195. Moran said no one wants "special rights," but rather everyone wants to be judged on their ability to perform. Moran went on to say that that is what H.R. 3195 is about and does. Quoting former Senator Bob Dole in his support of the original ADA, Moran said that he, too, seeks to end historic segregation.
Rep. McKeon spoke again following Moran, and spoke of the common ground that H.R. 3195 represents, acknowledging that some would have liked to have seen the bill go further and other wish it had not gone as far as it did. Overall, he said, it was neither an unreasonable expansion nor a dilution of existing rights.
Chairman Miller spoke again after McKeon, thanking the stalwarts of the disability rights movement in California, including thanks to Ed Roberts, Judy Heumann, Jim McDonald, and others. Reflecting on his own time in office, Miller cited his work on 504 regs, 508, the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), and now the restoration of the ADA. He said that it was a tribute to this Congress that when we look at integration in this society, we as a nation are far better off, far richer than before the struggles with this law.
Rep. Sensenbrenner made the final remarks at the end of the floor debate, remarking how in the hour of floor time, we had seen how our nation's framers intended for Congress to work. He went on to say that there was a problem and people with diverse opinions have proven in this legislation that we can do something beneficial and can act as a model for people around the world to see American democracy working for the good of the people. He concluded by calling for a roll call of the votes that would follow after a postponement.
...Read what happened in the floor vote.
I commend Congress for the compromise, and at the same time I am disappointed at the number of Representatives in my state of GA that voted against the bill. My Representative, Nathan Deal-R voted Aye, and is a co-sponsor and strong supporter of the Community Choice Act. I challenge all advocates from the following districts here to start educating these guys so they understand the needs of people with disabilities and seniors, and to get them to support H.R. 1621.
Broun, Paul [R] GA-10
Linder, John [R] GA-7
Price, Tom [R] GA-6
Westmoreland, Lynn [R] GA-3
Kingston, Jack [R] GA-1
Posted by: Justin Pressley | June 26, 2008 at 11:57 AM
I am so proud and pleased that the state of Wisconsin leaders and their spouses took the reins and never looked back! Being a disabled American, veteran and someone who got kicked out of the job market because of my disability - it is WONDERFUL to know my children and grandchildren may never suffer the degredation, pain and loss of income for something beyond their control like being disabled.
An answer to prayers and WAKE UP THOSE WHO DISCRIMINATE, WE'RE COMING FOR YOU!!!! we might be in wheelchairs, use walkers, or you may not even see our disabilities, but we're getting our voice!
Thank you.
Posted by: Nancy OBrien | June 26, 2008 at 01:21 PM
It looks as though this great country--or at least most of it--is well on its way to finally realizing that we people with disabilities are human beings and have rights too. This is great news! But I think we still have some work to do. I'll just give one example. From 1940 up until about the middle of 1961 there was only one organization in this country which claimed to advocate on behalf of people with visual impairments. I think for the most part this was a rather peaceful process. However, in the summer of 1961 turmoil broke out at this organization's national convention in Kansas City, Missouri, and the organization was disbanded--for lack of a better term. I know all this because I read a book entitled "People of Vision: A History of the American Council of the Blind." The book may be ordered from http://www.acb.org in various formats. Anyway, we now have two organizations which claim to advocate for the visually-impaired population. Without going into detail, the American Council of the Blind and the National Federation of the Blind have been separated for over 20 years yet they still refuse to get over their differences and do what is right for our population. This is something which must change. The naysayers among the groups I have just described must learn to come to terms with their disability and quit whining and complaining all the time that such-and-such accommodations aren't needed because they make us stick out like sore thumbs. I could cite numerous examples but I think I'll spare everyone.
Posted by: Jake Joehl | June 26, 2008 at 08:46 PM
I am tickle pink that this bill has passed and shared the information with my friends.
I am also deeply surprised by Buck McKeon and his vote for this bill. Though we disagree on such things as horse slaughter which failed, next year, this is good news.
Thanks for the website.
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