Development of the Disability Rights Movement in USA

Sherrie BrownLSJ/CHID 434Winter 2007

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Topics for Today

Definitions History continued Discussion of Reading/Questions Next class and unit Small Group Meeting

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What is Disability? models of interpretation

Moral Model--Disability is a reflection of inner spiritual inferiority and/or divinely inflicted.

Medical Model--Disability is an infirmity that can only be properly addressed by professionals who attempt to cure or fix the person.

Social Pathology Model--Disability is a personality defect that individual must seek to remedy with help of experts.

Civil Rights or Social Model—to be defined!

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What is a Civil Right?

Valid, legally recognized claim or entitlement. Created by government to enforce human

rights. Because a civil right is a creation of

government – it can be taken away. Encompasses both freedom from government

interference or discriminatory treatment and an entitlement to a benefit or service.

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What is a Human Right?

Is a natural right—every person has certain rights simply by being.

Has a moral authority even when it is not written in law.

Is inalienable (not capable of being transferred to another).

What government does not give, government cannot take away.

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American Disability Law Development

Historically--some would say currently-- People with disabilities were treated as second class

citizens. Pitied, abused, objects of charity, but not afforded the

same “bundle” of rights as others. Power differentiation created devaluation and

dehumanization. Victimization resulted in increased segregation and

self-fulfilling prophecies of dependency.

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Development of Institutions First institution devoted exclusively to mental

disabilities established in 1773. 18th century dealt with mental disorders “as problem

of containment, not treatment.” NY laws provided than an “idle wandering vagabond” could

be confined to house of corrections, whipped, or deported out of the jurisdiction.

Decades before Civil War characterized by belief that institutions could cure “lunatics” and train “idiots.”

States assume responsibilities for asylums and enacted civil commitment laws to authorize institutionalization

Reference: Herr, Rights and Advocacy for Retarded People (1983).

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Asylums become Institutions…

No “cure” found for most individuals & asylums full of people labeled incurable.

They became more custodial—goals 1) keep society safe from unpredictable violence and 2) quarantine people who could spread the madness.

Dumping grounds for social undesirables—prostitutes, immigrants, poor, incorrigible wives, etc.

Institutionalization & sterilization became policy after US Supreme Ct. decision.

Holmes wrote “in order to prevent our being swamped with incompetence (sterilization is an appropriate governmental action). It is better for all the world, if instead of waiting to execute degenerate offspring for crimes, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind.” Buck v. Bell (1927)

Eugenics movement supported sterilization policy. By 1938, 33 states had sterilization laws.

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Beginning of change After WWI there was growing reaction by

people with disabilities and advocates. Blind veterans formed American Foundation of

the Blind. Parents of children with disabilities developed

national advocacy groups—e.g., Children’s Benevolent League (now Arc)

After WWII, other new groups developed--e.g., the Paralyzed Veterans of America.

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Revolution

People with disabilities became involved in the civil rights movement for African Americans in 1960s. Objective was to change society--not the person. Civil Rights Model as way to interpret disability

develops.

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Disability Civil Rights Model Limitations on the full participation of people with

disabilities are not natural or foregone outcomes of impairment.

Limitations result directly from characteristics and decisions of society.

Limitations are within the environment--not the individual.

Solution is self-advocacy, systems advocacy, removal of barriers.

Enforcement of rights through legal and political action.

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Goals of the Movement

Eradication of perceptions of inferiority and all other irrational cultural labeling.

Elimination of the discrimination that results from such perceptions.

Create equality of opportunity through access to and independence in all aspects of society.

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Status of legal rights of individuals with developmental disabilities historically

Institutional settings: Infringement on fundamental right to liberty

(travel, free association, privacy) Those “committed” often deprived of right

to medical treatment, to habilitation, education, autonomy, privacy, sexual expression and even protection from harm.

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Status continued:

In community settings: Usually deprived of “normal” rights

including education, ability to contract, to marry, be licensed, buy insurance, to vote and to be free from discrimination in obtaining employment, housing.

In criminal justice system: Regardless of guilt, often confess, are prey

for others during incarceration, etc.

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Federal court decisions in 1970s Mentally retarded persons involuntarily confined to

state institution had a constitutional right to habilitation. Wyatt v. Stickney (Alabama 1972)

Humane psychological and physical environment ordered Individualized habilitation and training plan required Qualified professional and paraprofessional staff in sufficient

numbers to deliver training required Extensive protections ordered to ensure that individuals

were afforded basic needs—e.g., adequate food, LRE, transition, minimal physical standards, etc.

Court appointed a “Human Rights Committee” consisting of 7 members, including resident with mental retardation.

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Judicial rulings continued:

People with mental retardation have a constitutional right to protection from harm. NY State Association for Retarded Children v. Carey (consent decree 1975)

Willowbrook forbidden from implementing seclusion, corporal punishment, medical experimentation and routine use of restraints.

Decree mandated individual plans for education, therapy, care and development of each child.

Establishment of a Consumer Advisory Committee of parents, community leaders, residents (current and former) to monitor.

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Developmental Disabilities Assistance and Bill of Rights Act Signed by President Ford in 1975. Establishes that individuals have a right to

appropriate treatment, services, and habilitation. Public funds will not be spent on institutions that:

Do not provide treatment, services and habilitation which are appropriate

Do not meet minimum standards of adequate food, sufficient medical and dental care

Use physical restraints unless absolutely necessary, excessive use of chemical restraints, deny relatives right to visit at reasonable hours without prior notice, or comply with adequate fire and safety standards.

Increased emphasis on deinstitutionalization.

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Courts continue to reflect changing attitudes

Justice Marshall in Clebourne decision (1984) summarized the treatment of people with disabilities as follows:

“a regime of state-mandated segregation and degradation soon emerged that in its virulence and bigotry rivaled, and indeed paralleled, the worst excesses of Jim Crow. Massive custodial institutions were built to warehouse the retarded for life; the aim was to halt reproduction and nearly extinguish their race. Many disabled children were categorically excluded from public schools, based on the false stereotypes that all were uneducable and on the purported need to protect nondisabled children from them. State laws deemed the retarded ‘unfit for citizenship.’”

He concluded that persons with developmental disabilities have been subject to a lengthy and tragic history of segregation and discrimination that can only be called “grotesque.”

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Deinstitutionalization Movement

Those who support institutions, describe deinstitutionalization as primary cause of homelessness, decline in quality of urban life, profound neglect of helpless/disturbed persons.

Proponents characterize it as end of a system of oppressive, dehumanizing confinement.

Began in mid-1950s and continues today.

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In Washington State

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Residential Habilitation Centers (RHCs) Five exist in Washington State. Less than 1,000 individuals live in RHCs. Legislature in 2003-5 biennium budget ordered

Fircrest to downsize. Heated debates pro/con institutions. Legislature in 2005-7 biennium budget ordered a stop

to the downsizing. Residential Services Study Commission to advise

Governor Gregoire formed and disbanded in 2005/6. Efforts to close institutions in Washington State has

been “put on back burner” by advocates because of the political barriers—i.e., strong union.

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Major Legislation Urban Mass Transportation Act of 1964 Architectural Barriers Act of 1968 Rehabilitation Act of 1973 RCW 49.60--Washington State Law Against Discrimination Education for all Handicapped Children Act of 1975 Developmental Disabilities Assistance and Bill of Rights Act of

1975 (DD Act) Voting Accessibility for Elderly & Handicapped Act of 1986 Air Carrier Access Act of 1986 The Fair Housing Amendments of 1988 Americans with Disabilities Act (ADA) of 1990

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Laws in a Nutshell Urban Mass Transportation Act of 1964 requires

systems accepting federal funds be accessible to the elderly and people with disabilities.

Architectural Barriers Act of 1968 requires that all buildings built with federal funds be accessible.

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Laws continued… Rehabilitation Act of 1973: §§ 501, 503, 504

protect persons with disabilities from discrimination in federal government, federally funded programs, and recipients of federal funds.

RCW 49.60 -- Washington State Law Against Discrimination (disability added 1973).

Education for all Handicapped Children Act of 1975 (renamed IDEA in 1990 and IDEIA in 2004) requires free appropriate public education (FAPE) for all qualified children.

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Laws continued… Developmental Disabilities Assistance and Bill of

Rights Act of 1975 provides funding for services, state DD councils, P&A programs and Bill of Rights.

Voting Accessibility for the Elderly and Handicapped Act of 1986 requires all polling places in federal elections be accessible for elderly and people with disabilities.

Air Carrier Access Act of 1986 prohibits discrimination against any otherwise qualified handicapped individual, by reason of such handicap, in the provision of air transportation.

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Laws continued… Fair Housing Amendment of 1988 provides protection in

housing. Americans with Disabilities Act (ADA) of 1990 protects

qualified people with disabilities from discrimination in the areas of employment, transportation, access to public services and facilities, and communication.

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Discussion How are Coastal Center and Willowbrook

different? How are they similar? “The nondisabled world sees

powerlessness as the natural product of dependence and dependence as the natural product of our needs.”

What is the government’s responsibility—if any—for individuals like Harriet McBryde Johnson or Bernard Carabello?

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Discussion… What is the Independent Living

Movement? What is/are the Independent Living

Centers in Washington?