Richard.....I was told by Ted Kennedy in 1977 that civil rights leaders
opposed bringing up the Civil Rights Act for amendments for a similar
reason, they feared other amendments would pass which would weaken the
Act. Your message implied (to me) that the inclusion of disability rights
itself would weaken the Act. Any comment?.....And I have written a long
article for the Ragged Edge on the signing of the 504 regs which also
plugs your book! David
+++++++++++++++++++++++++++++++++++++
David Pfeiffer, Ph.D.
Resident Scholar
Center on Disability Studies
University of Hawaii at Manoa
[log in to unmask]
+++++++++++++++++++++++++++++++++++++++++++++++++++
Center on Disability Studies....maximizing individual
potential by encouraging independence, self-determination,
and full participation in the community.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
On Mon, 12 Nov 2001, Richard Scotch wrote:
> I interviewed people in the early 1980s about the question of why the Civil
> Rights Act of 1964 (CRA) was not amended in the 1970s instead of passing
> Section 504 of the 1973 Rehab Act, the predecessor law to the ADA. I wrote
> about what I found out in my book From Good Will to Civil Rights, which just
> came out in a second edition, published by Temple University Press.
>
> The short answer for the earlier period was that traditional (i.e. racial)
> civil rights groups opposed the inclusion of disability in the CRA, viewing
> it as watering down the impact of the CRA. The idea was briedlfly debated
> in 1971.
> This does not respond to your question about ADA, but it may be of interest,
> and I got to pluc my new edition.
>
> Richard Scotch
>
> -----Original Message-----
> From: The Disability-Research Discussion List
> [mailto:[log in to unmask]]On Behalf Of Jim Davis
> Sent: Saturday, November 10, 2001 1:22 PM
> To: [log in to unmask]
> Subject: History sources sought on how A.D.A. proposed / passed as
> separate law
>
>
> I am interested in finding out how it is that the Americans with
> Disabilities Act was promoted and passed as an isolated law, instead of
> being an amendment to the Civil Rights Act of 1964 (& later renewal
> dates).
>
> I have a couple of sources that gloss over this, with totally
> uninformative phrases like "we thought it would be a good idea...." but
> also with vague mention of how there was an earlier notion of amending
> the Civil Rights Act. But as for a complete of how this decision to
> pursue an isolated law got made, and by whom -- or an orderly analysis
> of the decision-making analysis that (who?) used -- i have so far found
> nothing.
>
> Now that the "ADA is perfect" puffery phase of what might be termed ADA
> hagiography is waning..... (if for no other reason than the Courts'
> decade of chipping away at the ADA; even in one case claiming that 1/3
> of the law is invalid because it exceeded the authority of
> Congress)..... perhaps some more substantive information on the history
> of how the ADA was passed as an isolated law, is getting into print?
>
> If so, anyone know where?
>
> Or perhaps some of those activists who got less credit than they
> deserved for getting something legislated in 1990 ..... might feel more
> free these days to speak up on those parts of the ADA's history, that
> until now have tended to get swept under the rug?
>
> (The weakness of the ADA, in practical applications, never ceases to
> amaze me. I have recently found out that in an ADA transit system
> case in which there was a much-celebrated partial "victory", with
> deadlines of as long as 20 years attached -- and the entire settlement
> was later written into the State Law -- those deadlines seem to have, in
> effect, no force of law; no consequences for missing them by even three
> years, for even the most flimsy of excuses.)
>
> The mail address that I am posting this from -- frequently is "full" due
> to junk mail. Therefore, any replies to this inquiry -- please send to
> [log in to unmask]
>
> Jim Davis
>
> ________________End of message______________________
>
> Archives and tools for the Disability-Research Discussion List
> are now located at:
>
> www.jiscmail.ac.uk/lists/disability-research.html
>
> You can JOIN or LEAVE the list from this web page.
>
> ________________End of message______________________
>
> Archives and tools for the Disability-Research Discussion List
> are now located at:
>
> www.jiscmail.ac.uk/lists/disability-research.html
>
> You can JOIN or LEAVE the list from this web page.
>
________________End of message______________________
Archives and tools for the Disability-Research Discussion List
are now located at:
www.jiscmail.ac.uk/lists/disability-research.html
You can JOIN or LEAVE the list from this web page.
|