I Am a JFActivist

  • Kimberly Carnevale with her daughter Sarah and service dog Dawson
    Photographs of disability advocates and their advocacy work

Subscribe to JFA

  • Sign up for JFA Email
    Email:

Search JFActivist

  • Google

    WWW
    jfactivist.typepad.com

ADA Restoration

July 02, 2008

Obama Statement on House Passage of ADA Restoration Act

Statement of Senator Barack Obama on the House Passage of the Americans with Disabilities Restoration Act

Wednesday, June 25, 2008
FOR IMMEDIATE RELEASE
CONTACT: Michael Ortiz, 202 228 5566

WASHINGTON, D.C. - U.S. Senator Barack Obama today released the following statement after the House of Representatives passed the Americans with Disabilities Restoration Act, H.R. 3195.

"We have a collective responsibility to ensure that every American has access to the opportunity to fulfill their dreams and live independent lives. With nearly fifty-four million Americans living with disabilities today, it must be a priority for our government to do everything it can to protect and respect the needs of these Americans.

"The House of Representatives took an important step today by passing this legislation, and I applaud Leader Hoyer and Congressmen Conyers, George Miller, and Sensenbrenner for their efforts. I look forward to working with a true leader on this issue, Senator Harkin, to reaffirm our nation's commitment to giving every American an equal chance."

###

June 26, 2008

NY Times: "House Votes to Expand Civil Rights for Disabled"

New_york_times_logo From The New York Times (June 26):

House Votes to Expand Civil Rights for Disabled

By ROBERT PEAR

WASHINGTON — The House passed a major civil rights bill on Wednesday that would expand protections for people with disabilities and overturn several Supreme Court decisions issued in the last decade.

The bill, approved 402 to 17, would make it easier for workers to prove discrimination. It would explicitly relax some stringent standards set by the court and says that disability is to be “construed broadly,” to cover more physical and mental impairments.

Supporters of the proposal said it would restore the broad protections that Congress meant to establish when it passed the Americans With Disabilities Act that President George Bush signed in 1990....



...Read the rest of the article (free registration may be required).

The Final House Vote

Your calls, letters, emails, and faxes were heard by Members of the U.S. House of Representatives loud and clear. At approximately 6:15pm this evening, the final vote for H.R. 3195, the ADA Amendments Act (formerly known as the ADA Restoration Act), was a resounding 402 to 17 (for perspective, the final vote in favor of the original ADA in the House was 378). 
YEAS: 234 Democrats, 199 Republicans, 0 Independents
The 17 nays were as follows:

Paul Broun (R-10th GA)
John Campbell (R-44th CA)
John Doolittle (R-4th CA)
John Duncan (R-2nd TN)
Jeff Flake (R-6th AZ)
Scott Garrett (R-5th NJ)
Louie Gohmert (R-1st TX)
Jeb Hensarling (R-5th TX)
Jack Kingston (R-1st GA)
John Linder (R-7th GA)
Kenny Marchant (R-24th TX)
Ron Paul (R-14th TX)
Ted Poe (R-2nd TX)
Tom Price (R-6th GA)
Thomas Tancredo (R-6th CO)
Dave Weldon (R-15th FL)
Lynn Westmoreland (R-3rd GA)

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.

June 25, 2008

Pictures from the ADA Restoration Press Event

Sticker_advocates_woreThe sticker advocates wore, which reads: "Support H.R. 3195, The ADA Amendments Act of 2008"

   

Crowd_gathers_at_the_press_confer_2

A crowd gathers in anticipation of the press conference beginningSteny_hoyer_shakes_rep_sensenbrenne

Majority Leader Steny Hoyer shakes the hand of Rep. Sensenbrenner as they both head to the podium.

Majority_leader_steny_hoyer_press_c

Majority Leader Steny Hoyer addresses the crowd.




Steny_hoyer_and_kevin_fritz_2

Majority Leader Steny Hoyer at the podium, Rep. Jerrold Nadler (D-NY) to his right, and AAPD intern Kevin Fritz to his right.



Rep_jim_langevin

Rep. Jim Langevin (D-RI) addresses the crowd and press as advocates look on.


3:30 PM TODAY! - House Floor Vote on ADA Restoration (ADA Amendments Act)

BREAKING NEWS!

TODAY is the full House will vote on HR 3195, the ADA Amendments Act of 2008. The floor vote is scheduled as of this moment for 3:30 in the afternoon.   We urge you to come to the House tomorrow afternoon to participate in and see this major event!
 
The bill passed out of Rules Committee this afternoon with a closed rule vote, which means the minority gets no amendments and  one motion to recommit.  There will be one hour of debate allowed on the House floor, with 40 minutes going to Education and Labor Commitee and 20 minutes to Judiciary Committee.

The House floor vote will be preceded by a 2:00 PM press event held by a bipartisan group of Members and representatives from the employer and disability communities (see previous post).


June 24, 2008

TOMORROW: Hoyer, House Leaders Hold Press Conference on ADA Amendments Act

News_from_the_house_majority_leader





Contact:

Stacey Farnen Bernards
202-225-3130
For Planning Purposes Only
June 24, 2008

TOMORROW: Hoyer, House Leaders Hold Press Conference on ADA Amendments Act

--------------------------------------------------------------------------------

WASHINGTON - A bipartisan group of members of the House and representatives from the disability and business communities will discuss the ADA Amendments Act at a press conference tomorrow at 2:00 p.m. before expected House passage later in the day.

Recent Supreme Court decisions have narrowly interpreted the definition of “disability” under the ADA – thus making it more difficult for people to avail themselves of the law’s protections – even though Congress intentionally chose a definition of “disability” that was broad.  The bill being voted on in the House tomorrow will ensure that the ADA is interpreted as originally intended by Congress.

WHO:   Majority Leader Steny Hoyer (MD)
            Representative Jim Langevin (D-RI)
            Representative Jerry Nadler (D-NY)
            Education & Labor Committee Ranking Member Buck McKeon (R-CA)
            Education & Labor Committee Chairman George Miller (D-CA)
            Representative Jim Sensenbrenner (R-WI)
            Jay Timmons, Executive Vice President, National Association
                of Manufacturers
            Elizabeth Goldberg, Chair of Epilepsy Foundation Youth Council

WHAT:   Press Conference on the ADA Amendments Act before House passage

WHERE: Cannon Terrace (corner of the Cannon House Office

              Building, New Jersey & Independence Avenue)
            [Rain Site: House Education and Labor Subcommittee Room -

              Room 2261 in the Rayburn House Office Building]
            **Both locations are accessible**

WHEN:   2:00 p.m.
            Wednesday, June 25th   




###

June 23, 2008

Disability-Business Letter of Support for the ADA Amendments Act of 2008

Dear Representative:

The House is poised to consider H.R. 3195- the “ADA Amendments Act” this week. We write to request your support for this bill and urge you to oppose any amendments to the underlying bill.

We believe the ADA Amendments Act will secure the promise of the original Americans with Disabilities Act of 1990 (ADA). The ADA has as its fundamental goal the inclusion of people with disabilities in all aspects of society, including employment for people who are willing and able to work despite their disabilities. Unfortunately, court decisions over the last decade have excluded individuals who should have been covered under the current ADA law. These narrow court interpretations have restricted ADA coverage for people with diabetes, epilepsy, serious heart conditions, mental disabilities and even cancer.

A broad cross-section of both the employer and disability communities support the delicate balance the ADA Amendments Act strikes between the needs of individuals with disabilities and those of employers....

Read the Disability-Business Letter of the ADA Amendments Act of 2008

 

Inter-Faith Letter of Support for ADA Amendments Act

 

June 23, 2008

Dear Member of Congress:

As faith-based organizations committed to protecting the rights of people with disabilities, we urge Congress to pass the ADA Amendments Act of 2008. This bill is essential to protect people with disabilities from discrimination and to correct the rollback of civil rights that has occurred since the enactment of the Americans with Disabilities Act (ADA) in 1990. As this bipartisan bill moves through Congress, we strongly encourage you to give it your full support...


...Sacred texts from our diverse faith traditions agree upon the inherent value and sacredness of every human being, regardless of physical or mental ability. Our traditions teach us of our moral obligation to provide assistance to those in need, ensuring equal access for all people and helping facilitate the full participation of individuals with disabilities in our communities. We are committed to eradicating all forms of discrimination and intolerance, which alienate individuals and divide our society. We believe that the restoration of civil rights to the disabled community is of crucial importance to this struggle....

 


Read the Interfaith Letter of Support for the ADA Amendments Act of 2008

 

June 24 is National Call-In Day for the ADA Amendments Act of 2008!

Capitol_hill ***ACTION ALERT!

Tomorrow is NATIONAL CALL-IN DAY for the ADA Amendments Act. Thousands of advocates all across the country representing all kinds of disabilities will be calling their representatives to tell them to support the ADA Amendments Act of 2008. You can help!

Last week, the House Judiciary and Education and Labor Committees overwhelmingly passed the ADA Amendments Act of 2008 (formerly known as the ADA Restoration Act).

Although nothing has been confirmed, the bill could be going to the House floor for a vote as early as Wednesday of this week, so it's important that Members hear from us ASAP!
We need your help to make sure the bill becomes law.

The ADA Amendments Act will reverse judicial decisions that permit job discrimination against people with all kinds of disabilities. The bill enjoys the support of over 60 national disability groups, including AAPD, as well as experts in the disability community, business and employer groups, and Members of Congress.

We need your help! Our goal is to have the ADA Amendments Act passed by the entire House of Representatives with no amendments.

You can help by calling your Representative on Tuesday, June 24 with the following message:

  • "I am calling to express my strong support for the ADA Amendments Act of 2008 <as a person with a disability or as a family member of a person with a disability>. This bill would protect people like <me or my family member> and is supported by the disability and business communities. I urge you to vote in favor of the bill without any amendments and without a motion to recommit!"

You can reach your Representative through the Capitol Switchboard at:

(202) 224-3121 (voice)
(202) 224-3091 (TTY) 


Additional background information is available below.

Background:

The Americans with Disabilities Act has transformed the nation since its enactment in 1990. The ADA was intended to protect people with disabilities from discrimination at work and in public life.

Unfortunately, court decisions over the last decade have excluded individuals who should have been covered under the ADA. These judicial restrictions block people with conditions including epilepsy, diabetes, multiple sclerosis, muscular dystrophy, intellectual disabilities, cancer, heart disease, and bipolar disorder from seeking protections against employment discrimination under the ADA.

The ADA Amendments Act of 2008 will re-establish these protections. This legislation is supported by over 60 national disability organizations - including AAPD - and many key business associations such as the U.S. Chamber of Commerce, the National Association of Manufacturers, the Society for Human Resource Management, and the HR Policy Association.

The ADA Amendments Act of 2008 will:

  • Amend the current Americans with Disabilities Act so that the effects of "mitigating measures" such as medications, hearing aids, and prosthetics, could not be used in determining whether an individual is disabled.
  • Make it clear that Congress intended the ADA's coverage to be broad, to cover anyone who faces unfair discrimination because of a disability.
  • Clarify the current requirement that an impairment substantially limits a major life activity in order to be considered a disability. The legislation provides a reasonable standard that will give clarity to employers and access to protections from unlawful discrimination for people with disabilities.