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Inside
History Note
■ He’s a winner—pg 3 ■ Let’s play!—pg 8-9 ■ Open Doors Open Hearts—pg 6
“It’s only when you hitch your wagon to something larger than yourself that you realize your true potential.” —Barack Obama
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Volume 19, Number 11
Minnesota’s Disability
Community Newspaper
November 10, 2008
Feeling at home in Europe ACT presents its history exhibit at the European Council in Strasbourg by Rick Cardenas
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The Disability History Wall drew large crowds at the European conference..
ast month I went to France to talk disability rights. The seeds for the trip were planted when Advocating Change Together (for whom I work) sold one of its Disability History Walls to the Hungarian Eotvos Larand University program on disability. The history exhibit consists of 21 poster-size depictions of issues and attitudes on disability over the last 2000plus years. A group within the Hungarian university adapted the exhibit, adding eight new
panels specific to disability by the Swedish government in issues of Hungary and Europe. regards to the UN Convention on the Rights of Persons with The adapted exhibit has since Disabilities or CRPD. traveled widely in Europe, and Eotvos Larand University’s The trip to Strasbourg struck program on disability studies me as noteworthy for a couple was invited to present the story reasons. One is the amount of of ACT’s history wall to the international attention that disEuropean Council in Stras- ability rights in general—and bourg, France. I was also in- the UN Convention on the vited to talk about the wall and Rights of Persons with Disabout societal perceptions of abilities in particular—has disability. The presentation been receiving. That these was in connection with open- issues are being presented and ing of a conference sponsored Wall - cont. on p. 5
Rewriting history The significance of the ADA Amendments Act cannot be underestimated by Jacquie Brennan
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he ADA Amendment Act (ADAAA) becomes effective Jan. 1, 2009, bringing this important legislation back to its original intent. The ADAA was signed into law Sept. 29, thanks in large part to the support of more than 220 national organizations, including the U.S. Chamber of Commerce, the American Society of Employers, disability organizations, veterans’ groups, church organizations and the National Association of Manufacturers. The bill passed the House on a vote of 402 to 17, and unanimously passed the Senate. To understand what the ADAAA means, though, it’s important to understand why the ADA needed amending in the first place. When it was passed back in 1990, the ADA had a definition of disability that was based on the definition used in the Rehabilitation Act of 1973. An individual with a disability has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having such an impairment. So Congress used that definition, which
was originally in the Rehab Toyota v. Williams focused Act, because it had worked on the word “substantially” from the definition of disabilwell. ity, and said that it means “conBut the intent of the ADA be- siderably” or “to a large degan to be eroded by legal deci- gree.” The court also narrowed sions. In 1999 the U.S. Su- the scope of “major life activpreme Court started to narrow ity,” stating that it must be the definition of disability in something that was central unexpected ways. In a case importance to most people’s called Sutton v. United Air daily lives. Lines, the court said that, when you determine whether an in- Between Sutton v. Toyota, and dividual has a disability under other cases, the definition of the ADA, you have to con- disability was narrowed to such sider the effects of mitigating a degree that most cases bemeasures—like corrective came more about whether a lenses, medications, hearing person met the definition of aids, and prosthetic devices— disability, rather than focuswhen deciding impairment is ing on access or accommodasubstantially limiting. The tion. court did one other thing in Sutton v. United Air Lines. It The Equal Employment Opessentially overturned a previ- portunity Commission also ous Rehab Act case, School impacted the ADA. It had Bd. of Nassau County v. regulations that defined “subArline. In the Arline case, the stantially limits” as “signifidefinition of disability was cantly restricts,” which was viewed broadly. This focused inconsistent with Congress’ on the part of the definition of intent when it passed the disability that mentions hav- ADA. ing a “record of impairment.” But the court in Sutton required This is why the Congress has a more restrictive view of that decided that the ADA needs to part of the definition, which be amended. practically eliminated it. Congress proceeds new law In 2002, the Supreme Court, with findings of fact, in-
tended to justify the legislation. The findings: • Congress intended the ADA to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities and provide broad coverage; and • While Congress expected that the definition of disability under the ADA would be interpreted consistently with how courts had applied the definition of a handicapped individual under the Rehabilitation Act of 1973, that expectation has not been fulfilled; and • Specific statements that the Supreme Court holdings in Sutton v. Toyota eliminated protection for many individuals that Congress intended to protect. Then the legislation lists the proposal of the ADAAA, which include: • To reject the requirement, under Sutton v. Toyota, that mitigating measures be considered when determining whether a person meets the definition of disability; and • To reject the Supreme Court’s reasoning, under Sutton v. Toyota, with regard to the
“record of” prong of the defi- whether an impairment subnition of disability, and rein- stantially limits a major life state the Arline standard; and activity. The only mitigating • To reject the Sutton v. Toyota measures that can be considstandard that the terms “sub- ered are ordinary eyeglasses stantially” and “major” need or contact lenses that fully to be interpreted strictly be- correct visual acuity of elimicause that creates a demand- nate refractive error. ing standard for qualifying as • People who are regarded as person with a disability; and being disabled are not en• To express Congress’ expec- titled to reasonable accomtation that the EEOC will re- modations or modifications. vise its definition of “sub- Previously, courts had debated whether the ADA restantially limits.” quired having to accommoThe ADAAA has new rules date a disability that didn’t for the definition of disabil- actually exist. ity. They include: • The definition of disability is The ADAAA is not some revoconstrued in favor of broad lutionary new law. It simply coverage to the maximum attempts to bring the law back to what Congress intended it extent permitted; and • The term “substantially lim- to be when it passed the ADA its” is to be interpreted con- in 1990. sistently with the ADAAA; This article is from the Indeand • An impairment that substan- pendent Living Resource Utitially limits one major life lization Project listserv. It was activity need not limit other put out by the ADA Disability major life activities to be con- and Technical Assistance Center, Southwest Region, federsidered a disability; and • An impairment that is epi- ally funded by the National sodic or in remission is a dis- Institute on Disability and Reability if it would substan- habilitation Research of the tially limit a major life activ- Office of Special Education and Rehabilitative Services of ity when active; and • Mitigating measures shall not the U.S. Department of Edube a factor when determining cation. ■