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ADA [Americans with Disabilities Act] PAX [1989]
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ADA [Americans with Disabilities Act] PAX [1989]
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Originally Processed With FOIA(s):
FOIA Number:
S
S
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the George Bush Presidential
Library Staff.
Record Group/Collection: Donated Historical Materials
Collection/Office of Origin: Frieden, Lex, Collection
Series:
Printed Materials
Subseries:
Reference Materials
OA/ID Number:
52134
Folder ID Number:
52134-005
Folder Title:
ADA [Americans with Disabilities Act] PAX [1989]
Stack:
Row:
Section:
Shelf:
Position:
October 19, 1989
TO: LEX Freder
FROM:
Bob Funk
Bet time
RE:
Change of Address/Telephone
I wish to notify you that effective Monday October 20,
1989 I will be moving from the White House Office of Policy
Development to the Equal Employment Opportunity Commission.
I can be reached at:
Robert J. Funk
Special Assistant to the Chairman
Equal Employment Opportunity Commission
1801 L Street, N.W. Room 10305
Washington, D.C. 20507
(202) 663-4081
Subsequent to the appointment of Commissioner Evan Kemp as
Chairman, I will be assuming the position of Chief Deputy to
the Chairman, and Director - Office of Policy Development. I
will notify you of the new telephone and room numbers.
ts,
Cynthia Meadow
House Judiciary
Committee
225-3951
2138 Ray burn House
office Building
Washing ton, DC 20515
PATRICIA BARRENTINE
Legislative Assistant
2236 RHOB
236 Cannon HOB
Congressman Ralph M. Hall
Washington, D.C. 20515
Congressman Charles W. Stenholm
4th District, Texas
(202) 225-6673
17th Congressional District
Texas
Rebecca T. Tice
Legislative Director
1226 Longworth HOB
Office: (202) 225-6607
Washington, D.C. 20515
(202) 225-6605
JAMES D. COLE
Administrative Assistant
2236 RHOB
236 Cannon HOB
Congressman Ralph M. Hall
Washington, D.C. 20515
4th District, Texas
(202) 225-6673
TAMI WORD
PERSONAL ASSISTANT/SCHEDULER
JOE BARTON
1225 LONGWORTH BUILDING
WASHINGTON, D.C. 20515
MEMBER OF CONGRESS
6TH DISTRICT, TEXAS
(202) 225-2002
GENEVA FINSTAD
Executive Secretary
Bill Sarpalius
1223 Longworth Building
Member of Congress
Washington, D.C. 20515
Thirteenth District, Texas
(202) 225-3706
TEXAS DELEGATION
CANNON
*Rep. Jim Chapman
429 Cannon
5-3035
ENT
Rep. Ralph Hall
236 Cannon
5-6673
Marge McCaleb Patricia
cumm.
*Rep. John Bryant
208 Cannon
5-2231
Schelleen Johnson
30
Rep. Jack Fields
108 Cannon
5-4901
Gail Giblin
room
*Rep. J.J. Pickle
242 Cannon
5-4865
Dave Mason
*Marvin Leath
336 Cannon
5-6105
Cathline
If time
Domingues
*Ronald Coleman
416 Cannon
5-4831
Norma Sierra
Rep. Lamar Smith
422 Cannon
5-4236
Rep. Tom DeLay a
308 Cannon
5-5951 WCB
*Rep. Mike Andrews
s
322 Cannon
5-7508
Andrea LaRue
Epillabor
Dick Armey
x
130 Cannon
5-7772
Brian Gunderson
- Co-Spon. ADA
30 22:01 68. OT 100
TEXAS DELEGATION
LONGWORTH
all mitch Dieter
Rep. Steve Bartlett 4
1113 Longworth 5-4201
Pat Morrisey
on & comm,
Rep. Joe Barton
1225 Longworth 5-2002
Jeff
McKinnon Salfamine
This Rep. Bill Archer
1231
1135 Longworth 5-2571
Trey Lamair
word
1002
W3307
Rep. Bill Sarpalius
1223 Longworth 5-3706
414
it
Rep. Greg Laughlin
1022 Longworth 5-2831
Jim Greenwood Facon
W
Rep. E de la Garza ,
1401 Longworth 5-2531
Anton Papich smbus.
T930
Rep. Charles Stenholm / 1226 Longworth 5-6605
AIDS, sm bus,
Rep. Larry Combest
1527 Longworth 5-4005
* *Albert Bustamante
1116 Longworth 5-4511
Carlos Guevara
Rep. Solomon Ortiz
n
1524 Longworth 5-7742
Patricia Hatch
*
Co-Spon. ADA
30 Sd37Id3 S2:0T 68, OT 100
TEXAS DELEGATION
RAYBURN
any green time
*Rep. Charles Wilson
2256 Rayburn 5-2401
73457
Rep. Jack Brooks
2449 Rayburn 5-6565
WCB
*Rep. Henry Gonzalez
2413 Rayburn 5-3236
Jennifer Sada
*Martin Frost
2459 Rayburn 5-4324
Jackie Johnson
Co-Spon ADA
Bill Jones - Jediciary Commitee W400
Rayburn 2138
30 Sd37Id3 92:01 68. OT 100
Tuesday
9:30 Charlee Stenholm 1226 Longworth - see by afternards
11:30 Bill Archer 1236 Lingworth
3:45 jack Brooks 2449 Rayburn
Wedensday 9:15 Fom Dolog - Cannon 308
10:15 Hoyes
1513 Longworth
414 11:00 Gregge Foregolin 1022 Longworth -
connore
1:30 Bortlet,
1113 Longworth
Roms Rock
1:30 mike Andrews / Andria farme 322 Cannon
108 2:30 jack Fields 413 Cannon
3:30 Bill Sarpalius 1223 Longworth Wicheta , Falls
Amarillo
4:30 Ralph Hall Rayburn/Dherman, Tyler
4:00 Billones 2138 2236 Raybroom
Hoursday 10:00 Sandra Warren and Company
Energy t Commerce
Friday 6: 6.30 David Gray and Company
Lovez kedly
9:30 methodist hopby.
Cannon
Kenragan
Bonelee Ala 225 3261
Roy minter
mike Parker Miss. 5865
Ruby williams
Ben Jones GA.
4272
wendy Hertey
Pame Vir
4711
Donna Pection
Clemin Tn. 4311
tiRR
The Institute for Rehabilitation and Research Foundation
Lex Frieden
Executive Director
TIRR Foundation
5100 Travis Houston, Texas 77002
(713) 528-0504
LEX FRIEDEN
BIOGRAPHICAL SKETCH
Lex Frieden is Executive Director of the TIRR Foundation
in Houston, Texas. The Foundation's mission is to
develop resources to support the work of The Institute
for Rehabilitation and Research and other service,
research, and educational programs benefiting people with
disabilities. He is also assistant professor of
rehabilitation at Baylor College of Medicine.
Prior to assuming his present position, Mr. Frieden was
Executive Director of the National Council on the
Handicapped, an independent Federal agency located in
Washington, D.C. The Council, a fifteen member body
appointed by the President and confirmed by the Senate,
reviews all laws, policies and programs affecting people
with disabilities and makes recommendations to the
President and Congress.
A graduate of Tulsa University, Mr. Frieden has been
honored as a Distinguished Alumnus. He also holds a
master's degree in social psychology from the University
of Houston. He has done additional graduate work in
rehabilitation psychology at the University of Houston
with support from an SRS doctoral fellowship, and he has
been awarded a World Rehabilitation Fund Fellowship to
study programs for disabled people in Europe.
Mr. Frieden, a quadriplegic due to spinal cord injury,
has been involved in the organization of several groups
of disabled individuals including the American Coalition
of Citizens with Disabilities, the Coalition of Texans
with Disabilities, and the Houston Coalition for Barrier
Free Living.
Working in the independent living movement by severely
disabled people since the early 1970's, Mr. Frieden has
published several books and papers on independent living.
He served as a consultant panel member for the United
States House of Representatives' Committee on Science and
Technology from 1976 through 1978, and he prepared the
background paper on Community and Residential Based
Housing for the White House Conference on Handicapped
Individuals in 1977. He has received two Presidential
Citations for his work in the field of disability, and he
was honored by the U. S. Jaycees in 1983 as one of
America's Ten Outstanding Young Men.
8/88
This Celebration of Independence
by People with Disabilities
as made possible by scores of disabled and
nondisabled volunteers from the Houston area,
and by generous donations and contributions
nade by the following individuals and groups:
AMCO Primedica
AVW Audio Visual, Inc.
Advocacy, Inc.
Andrew Gignac
Appletree Markets
Cadillac Bar
Canteen Corporation
CITY OF HOUSTON,
Metropolitan Multiservice Center
PROGRAM
Municipal Access Television
Coalition for Barrier Free Living
Harris County Committee for
Congressional Hearing
Employment of Disabled Persons
on the
Houston Astros
Americans with Disabilities Act
Houston Center for Independent Living
Lift Aids
and
Muilenburg Prosthetics
Owen's Health Care Centers
Texas Disability Rights Forum
Premier Wine Merchants
S.P.J. S. T. Lodge #88,
Czech Concert Orchestra
Houston, Texas
San Jacinto Council Girl Scouts
August 28, 1989
Sam Houston Area Council,
Boy Scouts of America
Shipley Doughnuts
*
SOUTHWESTERN BELL TELEPHONE COMPANY
TIRR Foundation
Texas Paralyzed Veterans Association
Texas Rehabilitation Commission
*
THE INSTITUTE FOR REHABILITATION AND RESEARCH
Wilson's Business Products
Thank you all!
EMPOWER YOURSELF -- BE A PART OF HISTORY!
Congressional Hearing
U.S. House of Representatives
Subcommittee on Select Education
Robert Lanier
Chairman, Landar Corporation
Robert Mosbacher, Jr.
President, Mosbacher Energy Company
Howard Wolf
9:00
Presentation of the Colors
Partner, Fulbright & Jaworski
Boy Scouts and Girl Scouts
Ashley Smith
Texas State Representative
Star Spangled Banner
Chet Brooks
Andrew Gignac
Texas State Senator
Pledge of Allegiance
12:30
Luncheon. and Awards Presentation
Boy Scouts and Girl Scouts
1:30
Texas Disability Rights Forum
9:15
Opening Statements
Congressman Major Owens
Welcome
Congressman Steve Bartlett
Eleanor Tinsley
Congressman Donald Payne
Member, Houston City Council
Presentations of Invited Witnesses
Statements by disabled people,
Katherine Whitmire
parents and advocates
Mayor, City of Houston
Nikki Van Hightower
Discussion and interchange with
Treasurer, Harris County
Congressman Steve Bartlett
Melody Ellis, Ed.D.
Congressman Donald Payne
President, H.I.S.D.
Judith Comfort
4:30
Adjournment
Division Manager, Southwestern Bell
Telephone Company
Tuesday Aug. 29 1989
Houston Chronicle
Disabilities hearing
Richard Carson / Chronic
A crowd of about 300 people from across Texas, including
many disabled people, attended a hearing on the American
mandate non-discrimination toward the handicapped. The hea
Disabilities Act, a bill pending before Congress that would
ing was at the new Metropolitan Multi-Service Center: Pag
15A.
Bill favoring disabled workers hailed
By PETE SLOVER
from President George Bush.
discriminated.
Houston Chronicle
The measure would guarantee dis-
abled people equal access to private
Ralph Rouse, 46, is a paraplegic
Like many out-of-work rig hands,
businesses and facilities not covered
who lost the use of his legs at age 20
by current anti-discrimination stat-
during a football accident in his
quadriplegic Eric Reed has turned to
welfare to survive.
utes.
junior season at the University of
Arkansas.
But unlike most Texans, Reed said
A procession of speakers Monday
Monday, he faces the double
hailed the measure as the equivalent
He recounted the difficulty faced
whammy of a depressed economy
of landmark civil rights legislation
by disabled students in a time before
and discrimination against disabled
of the 1960s, a law that will integrate
equal-access laws guaranteed the
use of public facilities and discrimi-
workers, a combination that has left
disabled people into the mainstream.
the 31-year-old El Paso resident
The U.S. House Subcommittee on
nation against wheelchair-bound
frustrated and unemployed.
Select Education conducted the
people ran even deeper than today.
"I've been living on the social
hearing at the Metropolitan Service
For the past decade, Rouse has
-system for nine years," he testified
Center, led by U.S. Reps. Major
worked as a civil rights adviser in
-at a local hearing on an anti-discrim-
Owens, D-N.Y., Donald Payne, D-
the U.S. Department of Human Ser-
ination bill pending before Congress.
N.J., and Steve Bartlett, R-Dallas.
vices, advising agencies and public
"I have the potential to contribute."
While the testimony was, predict-
contractors how to conform with
ably, in favor of the bill, state Rep.
anti-discrimination statutes.
About 300 people, many disabled,
cheered and applauded Reed's testi-
Ashley Smith, R-Houston, warned
against making the law unduly harsh
He said the cost of providing equal
mony in support of the Americans
on small businesses, and recom-
access to work places - with lessons
with Disabilities Act, which enjoys
mended against punitive damage
learned from the public sector -
bipartisan support in Congress and
liability for companies found to have
could be less than the cost of sup-
porting disabled citizens.
LOCAL & STATE
300 speak up for bill to outlaw
bias against disabled
BY KATHERINE KERR
phone systems.
regulations requiring accessibility
OF THE HOUSTON POST STAFF
Such devices are now required
for the handicapped and claimed
on buses, trains and public build-
About 300 disabled Texans ap-
that complying with the laws
ings financed with federal funds,
would bankrupt them.
peared at a congressional hearing
but the law would extend the
in Houston Monday to support a
"Now business is singing that
requirements to private establish-
same tune," Rouse said.
bill for the handicapped that has
ments.
Congressional aides have said
been equated with the Civil Rights
JoAnn Priddy, whose left arm
Act of 1964.
the new requirements would add
has been amputated and who
about 1 percent to the cost of new
The hearing, conducted by the
suffers from cerebal palsy and
construction costs, but the bill
House Subcommittee on Select
epilepsy, testified she was paid less
might save the government billions
Education, gathered testimony on
than able-bodied employees, was
because the disabled would be
the Americans with Disabilities Act
passed over for promotions and de-
of 1989, which prohibits discrimi-
employed rather than receiving de-
nied reviews for her work as a tele-
nation against the disabled in
pendency and disability payments.
phone receiver at a cab company
private employment, accommoda-
Eric Reid, who suffered a spinal
where she worked for seven years.
tions and transportation.
cord accident in a car accident, said
"If this bill had been in effect,
The bill would extend rights to
that for nine years he has been
this discrimination would not have
an estimated 36 million handi-
forced to live on Social Security
occurred," said Priddy, now unem-
capped Americans.
disability payments because
ployed and receiving Social Securi-
The proposed law would make it
discriminatory practices have
ty disability payments.
illegal for businesses with more
prevented him from finding a job.
Ralph Rouse, who has been in a
than 15 employees to refuse to hire
"I have the potential to become
wheelchair for 26 years since an
people because of their disabilities.
a productive citizen of the United
accident left him paralyzed from
States," Reid said.
It also would give those who
believe they have been discrimi-
the waist down, said he was told by
U.S. Rep. Major R. Owens, D-
a business school dean to forget
N.Y., chairman of the subcommit-
nated against the right to seek legal
pursuing his master's degree
tee on select education that
recourse.
because he would never make it in
The legislation would require
conducted the hearing, said Ameri-
the business world.
any new buses and trains built 30
cans need "to continually extend
Rouse, who went on to get his
days after enactment to have lifts
the parameters of our democracy,
or other ways to make them wheel-
master's degree, said unfortunately
to expand the scope of civil and
the dean was right because he had
chair accessible; require that new
human rights enjoyed by all of our
difficulty finding a job for several
citizens."
buildings more than two stories
years and was not "taken serious-
high to have elevators, and require
U.S. Rep. Steve Bartlett, R-
ly.'
that listening devices for the deaf
Dallas, said the act promotes inde-
He recalled that in 1977 the
be made available on office tele-
pendent living, not increased de-
education lobby opposed federal
pendence on government benefits.
Post photo by King Chou Wong
Disabled Texans attend hearing on legislation that extends rights to the disabled.
ROBERT C. (BOB) LANIER
CHAIRMAN, LANDAR CORPORATION AND THE
METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY, TEXAS
THE WHEELCHAIR LIFT'S WERE ADDED, NOT BECAUSE WE BELIEVE
THEM TO BE THE MOST COST EFFECTIVE, BUT BECAUSE WE BELIEVE THEM
TO BE RIGHT, THE CONTROLLING ISSUE, AS I SEE IT, IS AN ATTEMPT
TO AFFORD ALL OUR CITIZENS THE RIGHT TO FULLY PARTICIPATE IN THE
ECONOMIC AND POLITICAL PROCESS. THE ANALOGY THAT COMES TO MIND
IS THE OLD CONTENTION THAT MINORITIES SHOULD BE SEGREGATED UNDER
THE "SEPARATE BUT EQUAL DOCTRINE". I DO NOT SUBSCRIBE TO THAT,
BUT SUBSCRIBE TO THE NOTION THAT, AS BEST WE CAN, WE SHOULD
AFFORD ALL OUR CITIZENS THE RIGHT OF FULL PARTICIPATION,
HOUSTON METRO'S DECISION IS A SMALL STEP IN THAT DIRECTION, A
STEP WE ARE COMFORTABLE WITH BECAUSE IT IS SOUNDLY BASED IN
AMERICAN VALUES AND OVERALL ECONOMIC HEALTH,
MANY ARGUE THAT ALLOWING FULL PARTICIPATION TAKES PEOPLE
OFF THE WELFARE ROLL, MAKES THEM INTO TAX-PAYING CITIZENS, THAT
IS ALL TRUE, BUT I THINK THERE IS A LARGER VALUE. HAD U.S.
CONGRESSMAN MICKEY LELAND LIVED EARLIER IN MY LIFETIME, HE WOULD
NOT HAVE BEEN PERMITTED HIS FULL PARTICIPATION, BUT, AS OUR
SOCIETY BECAME MORE INCLUSIVE, IT IS NOT JUST HE, BUT US ALL WHO
HAVE BENEFITTED FROM HIS LARGER THAN LIFE CONTRIBUTIONS.
WHO KNOWS WHAT OUTSTANDING CONTRIBUTION LIES DORMANT WITHIN
SOME HANDICAPPED PERSON, THAT CONTRIBUTION TEETERING ON THE
BRINK OF WHETHER HE OR SHE IS ALLOWED FULL PARTICIPATION IN OUR
SOCIETY? THE MOBILITY PROVIDED BY A WHEELCHAIR EQUIPPED BUS
FLEET IS AN IMPORTANT ELEMENT OF FULL PARTICIPATION IN OUR
SOCIETY,
Senator Chet Brooks, Texas Senate
August 28, 1989
Houston, Texas
In the 27 years I have served in the Texas Legislature, 1 have seen many
changes in the laws as well as in the attitudes of the public and legislative
members. Awareness and sensitivity with regard to issues affecting
people with disabilities have probably increased more significantly than
most other issues in the health and human services realm. But we still have
a long way to go to reach a barrier-free society.
In my opinion, we are fooling ourselves if we believe the issue of civil
rights for people with disabilities cannot directly affect each and every one
of us. Everybody is vulnerable - we are all just one car accident, one virus
away from a disability. Medical advances in this country assure a growing
disabled population, but our societal advances toward an integrated society
are not keeping in stride.
Just as with other major civil rights issues addressed by our nation in the
past, basic rights for people with disabilities have to be addressed at a
national level. We cannot effectively piece these protections together state
by state, person by person. Routinely my staff and I hear personal stories
from individuals who have gone to their boss, their grocery store, their
bank, and by requesting or demanding, have gained access to fundamental
services necessary in every day life. There are even more stories of
frustration when such efforts are unsuccessful or when initial successes
are only met with yet another obstacle. This method of change is 8 never
ending process, and, an ineffective approach toward broad, societal changes.
Can you imagine where we would be today if we had accepted such a
piecemeal method of improving access to employment and businesses
for
minority citizens? It would be unacceptable, and we all know it. Access
for people with disabilities is no different, and obviously the many
individuals involved in developing this legislation have realized this fact.
The Americans with Disabilities Act of 1989 gets to the heart of the
essential changes needed to create a semblance of a "level playing field" for
the disabled --- employment, access to public transportation and public
services, access to services provided by private businesses, and access to
communication systems.
Legislators often complain about people who are too dependent on
government. It's a big issue in our state legislature, as it is in Congress. In
order to do something constructive about such "dependency", those of us in
government must LISTEN more carefully to the people affected by our public
policies. If we would just open the doors for people with disabilitites, they
would go through them. All they are asking from government leaders are
assurances that obstacles to their self-sufficiency are removed SO they can
lead independent, productive lives. The Americans with Disabilities Act of
1989 will go a very long way toward this goal and I urge you and your
colleagues to enact it into law.
Good morning. My name is Rob Mosbacher. I am President
of Mosbacher Energy Company, an independent oil and gas firm,
and Chairman of the Board of the Texas Department of Human
Services. I offer my testimony today both as a private sector
employer, and Board Chairman of one of our State's largest
agencies.
We must remove the barriers and disincentives that prevent
or inhibit people from moving off such income support benefits
into the workforce. Clearly, the Americans With Disabilities
Act, coupled with Federal financial assistance programs that
reward, rather than penalize employment, will provide a pathway
of support toward independence for disabled persons. It is
not only good public policy, but it also makes sound economic
sense.
From the perspective of a private sector employer, this
legislation is also very important. If we are to remain compe-
titive as a nation in the international marketplace, we must
have a well-trained, well-educated, and well-motivated work-
force. Millions of disabled Americans who have been denied
access to the workplace are well-educated and can be easily
trained. What is more, they are some of the more highly-
motivated people in our society today. If we look at the demo-
graphic changes in the workforce that are taking place today,
and will continue through the balance of this century, it be-
comes increasingly critical that we call upon disabled indivi-
duals to become an appropriate part of the American workforce.
I am convinced that our disabled citizens are anxious
to fill that need; and with the enactment of this lardmark
civil rights legislation, we can achieve that goal.
Howard Wolf
Partner
Fulbright & Jaworski
In a country which prides itself on the opportunities it
provides to all its citizens, and in which fundamental fairness and
human rights are standards we hold for other nations to meet, we
must continue to act upon opportunities to extend the full
protection of our laws and full access to the benefits of living
in this country to all our citizens. Citizens with mental and
physical disabilities have long been excluded by the terms of our
laws from full citizenship. We have not yet drawn upon the full
strength of the Commerce clause or the Equal Protection clause to
broadly prohibit discrimination against people with disabilities.
Instead, we have tied basic protections against discrimination in
employment, transportation, housing, education and services to
receipt of federal funding, thus leaving the bulk of discriminatory
actions against people with disabilities without private remedy
under federal law. The same employer who by federal law would be
prohibited from discriminating against a woman can refuse
employment to a person with a disability, for no other reason than
the disability. A hotel cannot refuse lodging to a Columbian
because of that person's nationality, but can to a person with a
disability, for no other reason than the disability. People who
can walk into a bus can sit wherever they wish; a person in a
wheelchair still cannot board most buses.
Strong remedies are essential to the effective implementation
of this and other civil rights laws. The Civil Rights Act of 1964
is an effective law today because of the private remedy provisions
contained in the 1964 Act and strengthened through the years by
amendment.
Civil rights laws depend heavily on private
enforcement. Provisions such as the right to attorney's fees,
injunctive relief and damages are essential to provide private
citizens a meaningful opportunity to vindicate their rights.
Attempts to weaken the remedies available under the ADA are attacks
on the ADA itself and their success would make the ADA an empty
promise of equality.
Other excellent civil rights laws, like the Fair Housing Act,
have been on the books for twenty years, but have yielded no
significant changes because of ineffective enforcement and
remedies. In its last session, Congress made the FHA into a strong
weapon against discriminatory housing practices by amending it to
create meaningful enforcement mechanisms and remedies.
When we deny a disabled person the opportunity to work,
travel, eat or be entertained or in any way to participate in
activities with other people, everyone loses. The ADA is not just
a bill for Americans with disabilities, it is legislation that will
benefit all Americans. It is time to pass the ADA.
NIKKI R. VAN HIGHTOWER
HARRIS COUNTY TREASURER
THIS BILL TAKES US CLOSER TO AN IDEAL INHERENT IN OUR
DEMOCRATIC VALUES THAT OUR INSTITUTIONS AND ORGANIZATIONS SHOULD
ALLOW ALL PEOPLE TO PARTICIPATE ON AN EQUAL FOOTING. REGRETFULLY,
OUR IDEALS ARE NOT ALWAYS PRACTICED WITHOUT SOME IMPETUS BY OUR
INSTITUTIONS OF GOVERNMENT.
WHEN CONSIDERING THE MERITS OF THIS BILL, WE NEED TO ASK, IS
IT NOT IN THE BEST INTEREST OF SOCIETY AND THE SELF-INTEREST OF
EVERY INDIVIDUAL, TO PROVIDE FOR OUR SELF-RELIANCE AS MUCH AS IS
HUMANLY POSSIBLE?
THE ISSUE INVOLVED HERE, HOWEVER, IS EVEN GREATER THAN THE
FACT THAT PASSAGE OF THIS BILL WILL BENEFIT ALL AMERICANS THROUGH
INCREASED ACCESSIBILITY AND BARRIER-FREE ACCOMMODATIONS IT SAYS
SOMETHING ABOUT WHO WE ARE AS A SOCIETY.
POLICIES THAT ALLOW FOR DISCRIMINATION ENDORSE SOME HIGHLY
REPUGNANT IDEAS. THEY ENDORSE THE IDEA THAT WE WILL NOT TOLERATE
HUMAN DIFFERENCES, THAT WE WILL ABANDON THOSE WHO DO NOT MEASURE
UP TO SOME ARBITRARY LEVEL OF PHYSICAL PERFECTION. THEY ENDORSE
THE IDEA THAT WE WILL PREY ON OTHERS' MISFORTUNES IN ORDER TO
GAIN PERSONAL ADVANTAGE AND TO MAKE OURSELVES FEEL SUPERIOR.
MOST FAMILIES WOULD GLADLY MAKE WHATEVER SACRIFICES AND
ADJUSTMENTS THAT ARE NECESSARY TO ALLOW THEIR LOVED ONES TO
PARTICIPATE AS ACTIVE MEMBERS OF THE COMMUNITY. SHOULD WE EXPECT
LESS FROM OUR INSTITUTIONS AND ORGANIZATIONS THAT ARE MADE UP OF
DIFFERENT CONFIGURATIONS OF FAMILY MEMBERS?
THIS BILL WILL NOT IMPOSE GREAT HARDSHIPS ON OUR COUNTY GOV-
ERNMENTS. TITLE II OF HB2273 PROHIBITS DESCRIMINATION AGAINST A
QUALIFIED INDIVIDUAL WITH A DISABILITY. HOWEVER, COUNTY GOVERN-
MENTS ARE ALREADY PROHIBITED FROM SUCH DISCRIMINATION UNDER STATE
LAW. (TEX. REV. CIV. STAT. ANN. ART 5221K, VERNON 1987) STATE
LAW ALSO IMPOSES A DUTY ON COUNTY GOVERNMENTS TO MAKE REASONABLE
ACCOMMODATIONS FOR EMPLOYEES WITH DISABILITIES.
THE PROVISIONS OF TITLE III REQUIRING THAT PUBLIC SERVICES
BE MADE ACCESSIBLE TO PERSONS WITH DISABILITIES IS ALREADY EFFEC-
TIVELY COVERED BY SECTION 504 OF THE REHABILITATION ACT OF 1973
(29 U.S.C. 794) FURTHERMORE, UNDER STATE LAW, (TEX. HUM. RES.
CODE 121.001 ET SEQ. VERNON 1980), PERSONS WITH DISABILITIES ARE
ENTITLED TO THE FULL USE AND ENJOYMENT OF ALL PUBLIC FACILITIES
IN THE STATE OF TEXAS.
PASSAGE AND COMPLIANCE WITH THE AMERICANS WITH DISABILITIES
ACT INVOLVES, AS MUCH AS ANYTHING, A CHANGE IN PERSPECTIVE. IT
INVOLVES MOVING FROM A PERSPECTIVE WHEREIN EXCLUSION IS TOLERABLE
TO ONE WHERE IT IS INTOLERABLE.
IMPOSED, ARTIFICIAL BARRIERS CREATE ARTIFICIAL DISABILITIES.
AS WE ELIMINATE THE BARRIERS, WE ELIMINATE THE DISABILITIES. WE
MAY BE SURPRISED AT HOW MINOR THE LIMITATIONS ARE OF THOSE WE
CLASSIFY AS DISABLED WHEN THE ARTIFICIAL BARRIERS ARE REMOVED. IN
MANY CASES THEY ARE PROBABLY LITTLE MORE THAN THE INVISIBLE
DISABILITIES EACH ONE OF US CARRIES AROUND FROM DAY TO DAY BUT
WHICH WE REFUSE TO RECOGNIZE.
FOR ALL OF THESE REASONS, I STRONGLY SUPPORT PASSAGE OF THE
AMERICANS WITH DISABILITIES ACT.