In 1990, the Americans with Disabilities Act was passed to stop discrimination against people with disabilities. // Photo courtesy of the City of Knoxville
The American with Disabilities Act (ADA) is a civil rights law that prohibits discrimination toward anyone with a mental or physical disability in the workplace, schools, transportation and all other public and private places. Hofstra University’s Center for Race, Culture and Social Justice, in conjunction with the Disabilities Studies and the Rehabilitation Counseling Programs held a panel discussion on Wednesday, Sept. 9 where they examined life before the ADA, the changes made after the law’s establishment and the present state of the law.
Speakers at the panel included Mark Drummer, a retired clinical microbiologist at A. Holly Patterson Extended Care and Nassau University Medical Center, James Weismann, CEO of the United Spinal Association and Kevin Barry, academic dean and professor at Quinnipiac University School of Law.
Drummer, a Hofstra alum, has lived a life of adapting to his disability. Growing up in an era where those with disabilities were frequently discriminated against, Drummer, who uses a wheelchair, was homeschooled. He was also unable to attend many public places because of discriminatory policies. For example, he could not go to the library or the movie theater because his wheelchair was considered a “fire hazard.” To be able to attend a public high school, Drummer had to go through an “interview” process to ensure he would be successful in his studies.
Today, however, students with disabilities are able to enroll in any school. Teachers are required by law to provide accommodations to their students, which can be requested from students as early as elementary school and written in their Individualized Education Plan.
“I do try to make my courses accessible,” said Karyn Valerius, chairperson of English for the Department of Disability Studies at Hofstra. “[Over the years] I have learned from my students that what works for one person may not work for another.”
Toward the end of the 1960s, Drummer enrolled at Hofstra University. At the time, four out of his five classes were not accessible. Despite Hofstra not being accommodating at the time with ramps or curb cuts, Drummer said there were many people who helped him along the way. “I would make sure I would get to class early so someone could help me up the stairs,” he said.
During his time at Hofstra, Drummer was also vocal about the need for accessible classrooms and dorms, and initiated activism on campus. When he spoke to the dean of students at the time, Drummer’s concerns were dismissed and he received an unaccommodating response. The dean was later fired after a story was published covering the incident.
“Learning that Hofstra didn’t have appropriate curb cuts, dorm rooms or even classrooms to accommodate those with disabilities was interesting,” said junior speech-language-hearing sciences major Gabrielle Schroeder. “My father actually graduated from Hofstra not too long after [Drummer], and it’s amazing to see what [he] was able to accomplish during his time on campus.”
The first disability legislation to be passed in the United States was the Rehabilitation Act of 1973. Although it protected some disabilities from discrimination, there was an even longer list of disabilities that were not protected. Even though the law was in effect, a lot of people acted as if it was non-existent. “Non-discrimination laws didn’t mean anything then,” Weismann said.
In September 1979, Weismann sued New York City Transportation. “The New York State Human Rights Law prohibited discrimination on the basis of disability,” Weismann said. “It also requires you to build [accessible] buildings, which includes transportation stations and terminals.”
Weismann admitted, however, that there is still work that needs to be done. In 2016, the Long Island Railroad completed renovations at three stations to be deemed compliant with the ADA. But Amityville, Copiague and Lindenhurst stations replaced their traditional escalators with weather-resistant ones that do not have accessible ramps, according to Newsday.
Barry emphasized that there is still a need for ongoing advocacy for disability equality, even 30 years since the passing of the ADA. “Here is the theory of oppression: one [type of oppression] is prejudice, or what we like to say, bias or eminence – we might call it hate. Another is stereotypes, this can be unconscious or conscious and the generalizations we make about people. The last one, and the hardest one for people to follow, is neglect,” Barry said.
Advocacy for any marginalized group does not end when a law is passed. “It’s important for our generation, and future generations, to follow the footsteps of those who advocated for their rights and continue to do so,” said junior pre-health major Melissa Restrepo. “Although we celebrate 30 years of the ADA passage, more needs to be done to bring equality to these groups and others.”