Assemblyman Leland Yee: Celebrate ADA's Anniversary

In July, we celebrated the 14th anniversary of the Americans with Disabilities Act (ADA), a groundbreaking piece of legislation intended to end discrimination based on physical or mental impairment. Thanks to the ADA, no employer can discriminate against a qualified individual on the basis of disability; state and local governments must provide people with disabilities equal opportunities to benefit from their services; private entities such as restaurants and businesses must provide reasonable public accommodations and access for disabled individuals; and people with hearing or speech impairments have access to appropriate telecommunications devices. In fact, San Francisco is in the process of introducing new technology via an accessible touchscreen voting system, which allows people to vote in multiple languages and enables people with disabilities to vote more independently.

In addition to greater access and availability of services for disabled individuals, the ADA introduced a greater sensitivity towards and understanding of the disability community. We still have a long way to go in meeting the needs and upholding the civil rights of individuals with disabilities, but as public awareness grows, people who were once viewed as burdens to the state are now being recognized for their many contributions to our society.

In San Francisco, many prominent leaders, thinkers and activists are members of the disability community, including District 2 Supervisor Michela Alioto-Pier. Many of us have friends, family and loved ones who are living with a disability and we know these individuals do not let their disability stop them from being teachers, doctors, poets, artists, volunteers, leaders, lovers and change-makers. 

In 1999, the federal government made another important leap in the disability civil rights movement with the Olmstead decision, a Supreme Court case finding that the unjustified institutionalization of an individual with disabilities violates the ADA. For decades, it was the practice of many states to lock away individuals with disabilities as opposed to treating them in the community. Those in institutions are denied basic civil rights that others of us take for granted, such as the freedom to make decisions about our own treatment. It wasn't until a mentally retarded woman brought suit against the state of Georgia when she failed to be released from institutional care after her mental condition stabilized that this issue came under legal scrutiny. The resulting decision requires states to treat disabled individuals in the least restrictive environment possible and to find alternatives to institutionalization. 

Today in California, the state Department of Developmental Services is working aggressively with Regional Centers to maintain community placement and care for disabled individuals whenever possible. As part of California's Olmstead Plan, state developmental centers are being downsized. Clients can experience a much higher quality of life when treated at home or in their community, near their families and friends. On the other hand, we will need to increase funding for community resources, such as paratransit and In Home Support Services (IHSS) in order to accommodate those who are being transferred from state treatment facilities to community-based care. Unfortunately, during this difficult budget time, that will require some creative solutions.   

San Francisco has one of the most active, informed and politically sophisticated disability communities in the state. Earlier this year, when the governor tried to slash funding for the developmentally disabled and for IHSS, the disability community came together throughout the state to rally against the cuts. Between December and April, the thousands of individuals who gathered at the state Capitol to make their voices heard were successful in stopping detrimental cuts to vital services.

We must also realize that upholding the ADA and Olmstead decision relies on the efforts of the entire community. Advocates for affordable housing, transportation, rehabilitation, aging and long-term care, mental health, public health and other services must all come together to work towards accessibility and equality. Additionally, these issues require the continual attention of the government, which is why I am thrilled to see so many community members actively lobbying our local, state and federal elected officials.

For my part, I will continue to advocate for restoring and enhancing funding for IHSS and other services and to champion legislation that supports the disability community. As we commemorate the 14th anniversary of the ADA, I encourage you to join me in the ongoing fight to ensure civil rights for all.

Assemblyman Leland Yee is the speaker pro tempore at the California Assembly.