THE SHAMEFUL WALL OF EXCLUSION

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"The Other Side" Rally on the Tenth birthday of the AmericanÕs with
Disabilities Act (ADA)

by Kaponda

Radiating bitter condemnation, the eyes of Leroy Moore, Jr. conducted
the crowd through years of disappointment experienced by disabled people
of color. His suggestive indictment of the exclusionary policies of the
Americans with Disabilities Act cast a pall of gloom over its 10th Anniversary
ceremonies around the country. The people at City Hall listened that Wednesday,
July 26, 2000, as the president and founder of Disability Advocates of
Minorities Organization (DAMO) told the other side of the ADA story.

Shepherded through the 101st United States Congress on July 26, 2000,
the Americans with Disabilities Act (ADA) is a broad and wide-ranging
instrument intended to make American society more accessible to people
with disabilities. Its aim is to provide the 50 million Americans with
disabilities the kind of quality of life that other Americans have been
enjoying. The ADA legislation also offers protection against the widespread
discrimination that had demoralized disabled people for so long.

On the other hand, people who are homeless, poor, women, immigrants and
of color have been disproportionately affected by ADA. "Then-President
George Bush," stated Leroy, as he continued his assault on the ADA, "During
his proclamation of the ADA, uttered to the multitude, 'Let the shameful
wall of exclusion finally come tumbling down!'" Leroy appeared to be gripped
in a gust of emotion as the soft particles of sun embraced his body. With
the massive structure of the granite building in his background, Leroy
continued to speak.

"California has a diverse makeup of ethnic groups. Nonetheless, there
is no platform for people of color to come together. We have no organization.
We have no support group, consequently, we continue to be divest of power.
However, DAMO will advocate for and educate those people of color who
have not been empowered by ADA. In closing, let me leave you with the
words of Dr. Martin Luther King, 'HOW LONG? TOO LONG!'"

Plucked from the hand of someone in the crowd by the wind, only a blue
sheet of paper swirled amid the enthralled gathering as Leroy Moore, Jr.
thanked everyone for their support and concern of the plight of people
with disabilities. There were representatives of many different organizations
in attendance. Unlike the San Francisco Police Officer who, after walking
around several people in wheelchairs, demanded from my editor Lisa Gray-Garcia
an event permit, the representatives at the Other Side Rally expressed
sincere compassion.

Hector Mendez, Director of La Familia, shared his thoughts with me on
the steps of City Hall. According to Hector, "Although the ADA has been
a monumental piece of legislation, communities with minorities such as
Latinos, Asians, African Americans and Native Americans and all other
multicultural communities in the country who will face the challenges
of disabilities have not fully benefited. These groups contribute to a
large percentage of unemployment in this country....We strongly feel that
those who are benefiting from ADA are the architectural firms receiving
major contracts to modify facilities around the country [in compliance
with the ADA]. America has a good rap [about ADA] but does not follow
through. Community advocates organize families with disabled kids. It
is a family movement without much support from the ADA."

Disabled women of color have also been excluded from the thrust of the
ADA movement. Their voices have been suppressed in many conferences as
well as in framing issues for media consumption. Disabled women of color
lack protection in securing housing and health services. Furthermore,
they are all too often easy targets for police aggression.

Title II of ADA has mandated that local and state governments provide
the same services to people with disabilities as to other people on the
same basis. In October of 1999, an ADA office was opened at City Hall.
Since that time, 300 ADA complaints have been lodged of which the vast
majority have been resolved. The complaints involved housing (accessible
housing) and public right-away (including curb ramps, parking, and construction
on the sidewalks). Approximately 10 percent of the 300 complaints included
employment discrimination. Two of the ADA attorneys at City Hall attended
the event. Susan Mizner and Walter Park are charged with making sure The
City hires people who are disabled.

I asked Walter Park to explain the role he plays in City government on
behalf of disabled people. Parks stated that he ensures that "The City
promotes people who are disabled as well as provide reasonable accommodations
to City workers who become disabled so that they can stay on the job."

While she tirelessly maintained the placard, Mary Kate Connor, Executive
Director, Caduceus Outreach Services, poised herself as she prepared to
deliver a compelling argument for the many disabled people who have been
boxed in by violators of the Americans with Disabilities Act. After Mary
Kate had finished speaking, I asked her to talk about the conditions of
disabled people in America.

"During the last 60 years, people with disabilities have been rounded
up and killed. The same thing is basically still happening in San Francisco
today because of the poverty to which people with disabilities are consigned,
and, as a result, are also consigned to homelessness," stated Mary Kate.
She went on to explain that "There are an estimated 40 percent of people
with psychiatric disabilities. For these estimated 40 percent, there are
no housing, treatment or access to any kind of public programs. Because
of this, these people are therefore consigned to death -- the same way
that people were consigned to death by the Nazi Regime. This is neglect
that is very benign, but as it was once said, 'Evil is benign.' It is
the benignity of evil to allow this to continue. We are not going
to take it anymore
. We are going to use the ADA as a sphere and
weapon to beat some sense into people that make policy and have money
to let them know that we are not going to take it anymore.'"

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