Development of the Disability
Rights Movement in USA
Sherrie Brown
LSJ/CHID 434
Winter 2007
Topics for Today
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Definitions
History continued
Discussion of Reading/Questions
Next class and unit
Small Group Meeting
2
What is Disability?
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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?
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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?
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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
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Historically--some would say currently-
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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
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First institution devoted exclusively to mental
disabilities established in 1773.
18th century dealt with mental disorders “as problem
of containment, not treatment.”
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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.”
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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…
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No “cure” found for most individuals & asylums full of people labeled incurable.
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They became more custodial—goals 1) keep society safe from unpredictable
violence and 2) quarantine people who could spread the madness.
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Dumping grounds for social undesirables—prostitutes, immigrants, poor,
incorrigible wives, etc.
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Institutionalization & sterilization became policy after US Supreme Ct. decision.
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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
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After WWI there was growing reaction by
people with disabilities and advocates.
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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
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People with disabilities became involved in
the civil rights movement for African
Americans in 1960s.
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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
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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
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Eradication of perceptions of inferiority and all
other irrational cultural labeling.
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Elimination of the discrimination that results from
such perceptions.
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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
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Institutional settings:
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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:
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In community settings:
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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:
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Regardless of guilt, often confess, are prey
for others during incarceration, etc.
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Federal court decisions in 1970s
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Mentally retarded persons involuntarily confined to
state institution had a constitutional right to
habilitation. Wyatt v. Stickney (Alabama 1972)
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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:
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People with mental retardation have a constitutional
right to protection from harm. NY State Association
for Retarded Children v. Carey (consent decree
1975)
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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
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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:
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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
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Justice Marshall in Clebourne decision (1984) summarized the
treatment of people with disabilities as follows:
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“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
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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)
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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
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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
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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…
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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…
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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…
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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
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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…
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What is the Independent Living
Movement?
What is/are the Independent Living
Centers in Washington?
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