Equal Rights and Access FOR ALL: The Americans with Disabilities Act

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(soft chiming music) - Hi friends. I hope you're having a wonderful day today. My name is Bailey Sarian and I'd like to welcome you to the library of "Dark History". This, if you don't know, is a safe space for all the curious cats out there who are thinking, "Hey, is history really as boring as it seemed in high school, or just school in general?" Oh, nay nay. This is where we can learn together about all the dark, mysterious, dramatic stories, maybe we didn't learn about in school? Okay, so for today's episode, it got me thinking when we did the lobotomy episode. Do you remember lobotomy? Shout out to lobotomy. Okay, so in that episode of "Dark History", we mentioned that Rosemary Kennedy was sent away, okay, 'cause she was unwell. And then when we did the episode about birth control, do you remember birth control? And we were talking about eugenics and that this word kept coming up, like unfit, people were unfit, so then they would also be sent away. And always sent away, but what did that mean? What was away? Where'd they go? Why? What was considered unwell, unfit? Well, let me tell you, that opened a whole mysterious door. So that led me down a rabbit hole of the Americans with Disability Act and how this whole situation got started, and how far it's come, but not far enough, We still got work to do, bitch. So let's get into it. So let me, no way we're going all the way back to 370 BC? Wow, this is some dark history. Let me open up my book to the year 370. I'm sure we can relate to that out and use our imagination and envision what that looked like. So we're in the year 370, before Christ, BC. We're in Greece and we're at the Parthenon. I don't know what that is, but let me tell you, it's a dope-ass temple dedicated to a literal goddess named Athena. There are huge buildings with marble columns all around, and in nine of these buildings are permanent stone ramps. Now back then, Greece was known for accommodating people in wheelchairs, but over time, things changed. And even though wheelchairs have been around for over 3000 years, accommodations for them started to disappear. In medieval times, not the restaurant with horses, the church started to say disabilities are punishment for sin. That's what they said. I'm not saying it, that's what they said. And this would become the foundation for how people all over the world, especially the United States, would think about disabilities for hundreds of years. Now there's not much change in treatment of those with disabilities until we get to the year 1800. Well, until we get into the 1800s. In the 1800s, the rise of industrialization meant that everyone's worth was based on your monetary contributions to society. This shift in values paves the way for how the United States treated people with disabilities, whether their disability was physical or mental, it was considered a burden and needed to be accommodated. Quote, unquote. Which sounds like a nice thing. I mean, until you see like what they really meant when they say the word accommodated. People with disabilities started being sent to something called an almshouse, which are, spoiler alert, not very great. Almshouses were church-run institutions that looked a lot like old timey inns, you know, like cozy. There was usually a farm behind the almshouse and anybody who got sent there earned their place by working on the farm. Now in return, the almshouse provided them with food, clothing, housing, and any medical treatment they might need. Sounds cute, sounds cozy, sounds great. Right? No, this is "Dark History", hi. Well, you see the thing is almshouses were actually supposed to be for criminals after they got out of jail and like a form of rehabilitation. But in reality, most of the people that were sent there were poor people who had been arrested for begging, elderly people who couldn't take care of themselves, and also people with disabilities. Almshouses turned into these big facilities where people considered the outcasts of society were sent and locked away, just out of sight, and out of mind. As you might expect, since the institution was intended for criminals, the conditions were not ideal. Okay? Even by the standards of the 1800s. I mean, almshouses were considered unclean and overcrowded, plus the employees were known to neglect the people living there. There was usually just one doctor or nurse for every 100 patients. So nobody was receiving proper treatment, and yeah, I mean, that's not gonna go well. (laughs) In a Boston almshouse, over the course of 40 years, 25% of everybody who entered had died. And this was the norm in almshouses across the country, which is weird, 'cause like I had never heard of that. Had you heard of that? Almshouses? I'd never heard of that. Have you heard of that? Almshouses? (crow cawing) I know, me too. I can't tell you what Joan said, it was a little fucked up. Eventually, sanitariums and hospitals replaced almshouses. Now these new facilities were meant to give better protections to people with disabilities, so they weren't just randomly lumped in with criminals anymore. And this seemed like a pretty good idea at the time. It always seems like a good idea at the time, right? But most of these facilities were focused on controlling the patients and not treating them. At the St. Louis City Sanitarium, reports of overdosing patients with sedatives went public, being called cruel and inhumane. This was just one of many sanitariums where people with disabilities were mistreated and locked away, often for their entire lives. So around the same time, in 1867, these things called, this is what's called, quote "Ugly Laws", started popping up in the United States. Ugly Laws. Oh God. The idea behind these laws was that cities wanting to stop poor people from begging in public because they thought it looked bad. Mm. The truth is these laws actually criminalized disability, using language specifically targeting people. The law said, and I quote, "Diseased, maimed, mutilated, or in any way deformed, so as to be an unsightly or disgusting object." So, where did people in violation of these Ugly Laws go? Well, you may have guessed it. Sanitariums. These laws played into a popular line of thinking at the time. Remember eugenics? Remember we talked about eugenics? Still, it's not a plant. Thought it was a plant, it's not. Long story short, has nothing to do with plants. Eugenics is not great. We learned that here, didn't we? Great. I've talked about eugenics before, in the birth control episode. And as a reminder, if you don't know, eugenics is the theory that you can improve the human race by basically breeding out diseases, disabilities, or other less desirable traits. Basically, if the quote/unquote unfit members of society were prevented from giving birth, then society would be a better place. Now eugenics was one of the most popular beliefs in the 1800s, and it turns out it's really rooted in stereotypes about people with disabilities. One way eugenicists would weed out the unfit was by forced sterilization. So, forced sterilization laws started popping up all over the country. In 1907, an Indiana law was passed calling for people with disabilities to be sterilized. Now this law had so much support that similar laws were passed using language specifically calling for sterilization of the quote "feeble-minded". Now, it's important to remember that not only is this term super offensive, but it was designed to be incredibly broad. In the early 1900s, feeble-minded meant everything from being unable to appreciate moral ideals, to not being able to read, walk, or write. What the heck is appreciating moral ideals? Joan? Nothing, she got nothing. Most of the people who were sterilized under these laws weren't even told that they were being, what was being done to them, and they were led to believe that they were getting surgery on their appendix. Remember we did discuss this in the Puerto Rican story? It's super disturbing. California was probably the worst offender. Oh yes, you are, California. They sterilized over 20,000 people before sterilization was outlawed in 1979. Side note, many historians think that Adolf Hitler got the idea for forced sterilization directly from how much America was into this shit at the time. He once said that there was one place that had really nailed the idea of this whole eugenics thing, quote, "Of course, it is not our model German Republic, but the United States." So as you can see, there's a long history of the United States not being very kind to its citizens with disabilities. I wanted to get all that out there to set the stage for what we would consider the modern fight for disability rights in the United States, because God forbid anybody asks for basic civil rights. And now, is when the fight gets real ugly. But first we have to pause for an ad break. According to the latest research, 90% of employers plan to make enhancing the employee experience a top priority in 2022. After all, a happy workplace is key to attracting and keeping great employees. Employers need to be offering things like providing learning opportunities, allowing for flexible work schedules, and focusing on creating a positive company culture for their employees, just, you know, to name a few. 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ZipRecruiter, the smartest way to hire. Hi and we're back. Let me introduce you to a man named Albert Sidney Priddy. Oh my god, Priddy. That's so cute. He would start the Ugly Laws. Does he have to do with the Ugly Laws? Priddy. Anyways, Albert was born in 1865 and he loved the idea of sterilizing people with disabilities. He became the head doctor of an institution called the Virginia State Colony for the Epileptics and Feeble-Minded. I guess it was better than an almshouse, but not by much. Think of this as if like a prison and a hospital had a baby, that was the institution Dr. Albert worked at. Now, Dr. Albert believed it was his duty, (chuckles) duty, to take care of the social problems that people with disabilities were quote "causing". His solution was to completely remove these people from society. Then, once they were removed, he could perform surgical sterilization so they couldn't reproduce. So sterilization had been around for quite a while at this point, but it wasn't actually illegal in Virginia at the time. That didn't stop Albert from performing a few sterilizations here and there though. Eventually, Albert gets busted while performing one of these procedures. But instead of being like, oh my god, you know, this isn't such a good idea, he decides, "I'm not the problem, the law is the problem." So he has a new goal. So he decides he needs to change it and starts pushing for legislation to legalize sterilization in Virginia. Albert pitches it as a way to save tax payers money. Less disabilities equals less cost to the state, and people loved what Albert was pitching. So in 1924, sterilization becomes fully legal in the state of Virginia, but that's not enough for Dr. Albert, of course not. He decides to find a case he can take all the way to the Supreme Court. He thinks that if he can get a Supreme Court decision in favor of sterilization, then he can keep sterilizing his patients forever, and ever, and ever, and ever. And that's when Dr. Albert remembers a patient of his, named Carrie Buck. Now Carrie had become pregnant back in 1923, after she was raped. She met Dr. Al when she went to him for an abortion and she was turned down because Dr. Albert and the hospital claimed that she couldn't have been raped. They said that she was promiscuous and too feeble-minded to know the difference. Because of the way the sterilization laws worked at the time, Carrie was committed to Dr. Albert's hospital and put on a list of women to be sterilized after she gave birth. Fuckin' sick. Dr. Albert realized this could be the case to really make forced sterilization the law of the land because Carrie's mother had also given birth out of wedlock and was also considered to be mentally unfit. And it was assumed by everyone at the hospital that Carrie's baby would be, too. This case had all the ingredients to be a real slam dunk for Dr. Albert. So he temporarily canceled all of the hospitals other sterilizations to now make this his top priority. He requested a hearing with the local courts on whether sterilization was constitutional or not, and whether Carrie Buck was a quote, "Genetic threat to society." Oh god, they are so dramatic. On November 18, 1924, the hearing would begin with witness testimony on the character of Carrie Buck. But here's the thing, only two of the witnesses at the trial had actually met Carrie before. And, of those two, only one of them had actually like recently seen her. There were doctors, social workers, and eugenicists who had spoke to Carrie from what they had and read, but like they had not seen or directly observed her is what I'm getting at. Almost everybody who spoke about Carrie said that she was obviously feeble-minded. One researcher who had spent just one day watching Carrie and her child went on record saying that her entire family was part of a defective strain. It probably also didn't help that Carrie's lawyer was a known eugenicist and a friend of Dr. Albert's. Geez Louise. And then, Dr. Albert testified. He went on record saying that Carrie's entire family was feeble-minded and that without surgery, everybody born in her bloodline would become a quote, "Middle grade moron." I just don't know (laughs) what to say. This guy's a fuckin' psychopath. I think if dev, this is Satan, this is Satan. I see it. This is the actual language from a court transcript. This was, this was okay. Yeah. Dr. Albert said if Carrie were to be sterilized, she could be released back into the society to get a job and even get married, all without society worrying about whether or not she would have another baby. After a lot of back and forth, the case made it all the way to the Supreme Court, just like Dr. Albert wanted. They ruled eight to one against Carrie Buck. Justice Oliver Holmes wrote the majority opinion for the court that it would be better for the world if society prevented the unfit from continuing to breed. He ended by saying quote, "Three generations of imbeciles are enough." Just burn it all down. Just fucking burn everything down. We could start over. It's fine. That statement went on to become a slogan for the entire eugenics movement in America. This case has become known as "Buck versus Bell", and it officially set the standard in the United States for sterilizing people considered unfit. "Buck versus Bell" was weaponized to sterilized people with disabilities for decades. And, it is actually still the law of the land today. Eugenics stopped being a socially accepted way of thinking after World War II. And when soldiers returned from the war with disabilities, the national conversation about disabilities really started to change for the better. This was the first time that many Americans dealt with this concern directly, and it seemed to be making people reevaluate Albert Priddy's line of thinking. But I mean, you know, this is "Dark History", and as we've seen many times before, nothing, nothing seems to change all that much. It's always a lot of talk and not a lot of action. Now, if we're gonna talk about inaction, we need to talk about a place called Willowbrook State School in Staten Island. We know by this point to not let the word school fool us, because this school was anything but that. This institution opened in 1947. And at its peak, it had 6,200 people with developmental disabilities that were being housed there. But the building was designed to hold only about half of that. Robert F. Kennedy, even once said that this place was a snake pit. And given what his family did to his sister, Rosemary, this place must have been bad. Residents were literally experimented on here. A doctor named Saul Krugman used his patients for human experiments in 1955 to figure out a more effective way to treat hepatitis, often without their sent. And if you remember our episode on the Tuskegee experiments, at this time, doing anything to a patient without their consent was illegal, not to mention it's just up fucked up. And these experiments would continue for over 20 years. And during that time, Saul's patients were basically locked away and left to die. And because we can't have nice things, instead of being punished for these atrocities, Saul is remembered as one of the most successful scientists in his field. Oy vey. So even though it was common knowledge on Staten island for decades that the at Willowbrook totally sucked ass, it would take 17 years after the experiments first started for a couple of whistleblowers to expose these atrocities. Anyways, we have to pause for an ad break. It's the new year, which means we've all got exercise on the brain. But what we really need to do is exercise your brain. Resolve to strengthen your mind with a mindfulness practice. And just like a new gym routine, you may need a little help from a trainer, and that's where Calm comes in. Calm, the number one mental wellness app, gives you the tools that improve the way you feel. Use Calm to help clear your head with guided daily meditations, or improve your focus with Calm's curated music tracks. On nights when you're having trouble falling asleep, drift off to dreamland with Calm's imaginative sleep stories for children and adults. I love the amazing soundscapes to help me relax or fall asleep, like cityscape or bamboo forest. You just gotta try it, okay? Look, if you go to Calm.com/DarkHistory, you'll get a limited time offer of 40% off a Calm premium subscription. Now this includes hundreds of hours of programming, and new content is added every week. Over 100 million people around the world use Calm to take care of their minds. Sleep more, stress less, live better with Calm. For listeners of this show, Calm is offering a limited-time promotion of 40% off a Calm premium subscription at Calm.com/DarkHistory. Go to Calm, C-A-L-M, .com/DarkHistory for 40% off unlimited access to Calm's entire library. That's Calm.com/DarkHistory. It's 1972, and enter to the scene two young, ambitious journalists named Jane Curtain and Geraldo Rivera. The pair were tipped off by an angry employee who told them that Willowbrook was a complete cesspool and needed to be investigated. It needed to be exposed. So, he gave them a key to the building and they snuck into the compound. And what they saw, they later said chilled them to the bone. The first thing Geraldo and Jane noticed was the smell. They said that the entire facility smelled of death. There were no beds, and hundreds of patients huddled together in the cold winter months to keep them warm. Some of the children didn't even have clothes. Yes, there were children there as well. And even though everybody staying at Willowbrook had been diagnosed with something different, they were given the exact same treatment, if they were given any treatment at all. Geraldo and Jane interviewed a 21-year old man named Bernard who had cerebral palsy, and he had been at Willowbrook almost his entire life. Despite any difficulty he had speaking, he described the environment as a disgrace, saying he had been beaten by the guards and witnessed countless incidents of assaults against the other patients. After their investigation, Geraldo called it, "A badly run kennel for humans," and said it shook him to his core. When their story aired on national television, it signaled to the nation that something needed to change for people with disabilities. And honestly, fast. Willowbrook wasn't an isolated example, and there were dozens of these schools all over the United States, but it turns out that the meaningful change was right around the corner, and it began with something that looked a lot like a sit-in. So when I say sit-in, what do you typically think of? 'Cause I think of the Civil Rights Movement. Now we all know there's a lot that happened during the Civil Rights Movement of the 1960s, but for today's story, the main thing to focus on is that people took to the streets and demanded equal rights and protections. This led to the passage of the Civil Rights Act, which outlawed discrimination based on sex, religion, race, color, or where you were born. But, what this act didn't provide was any protections from discrimination for people with disabilities. So people spoke up and in 1973, Congress passed the Rehabilitation Act, modeled after the Civil Rights Act. It specifically addressed people with disabilities. Section 504 of the act even stated that any government funded building or program had to be accessible to everyone. This is great, right? Except four years went by and the law still didn't go into effect. Why? Because the Department of Health, Education, and Welfare, or HEW for short, delayed it. At this point, disability activists were sick of waiting for the government, so they started writing thousands of letters to Congress. One disability rights group, called the American Coalition of Citizens with Disabilities, or ACCD for short, straight up told the HEW in January of 1977, that if nothing happened by April 4th, there would be a national protest, a full on uprising. Obviously, the HEW didn't feel very threatened by this and the ACCD never heard any response. So April 4th came and went quietly. Then, on the morning of April 5th, activists showed up to the HEW offices all over the country to hold mass sit-ins. Now these protestors would stay in the buildings for hours, and in some cases, days. When they confronted the regional HEW directors, they expected a fight. But the directors didn't even know the law hadn't been implemented. This is when disability rights activists decide to take their protests to the next level. It was no longer going to be just a simple two day protest. Oh, hell no. So over 100 San Francisco protestors, interpreters, and personal aids decide to occupy the HEW offices until something actually changed. They were assisted by local Black Panther groups along the way, who brought supplies like blankets, pillows, and meals for all the protestors. And even the San Francisco mayor was on their side and donated mattresses for the protestors to sleep more comfortably. The federal government did everything in its power to get the protestors out. They cut the power, they cut the water to the building, and they even sent police in to try to convince them to leave, but the protestors weren't willing to negotiate. I mean, these were long overdue demands that needed to be met. Eventually a few of the protestors leaders managed to get HEW's regional manager to contact his buddies in the federal government and set up a meeting with leaders of Congress. Believe it or not, the protest leaders arrived in DC on April 28th and convinced Congress to immediately implement the Rehabilitation Act, which was guaranteeing protections for people with disabilities. But also, just in case you needed more reason to root for the protesters, they actually ate at the HEW building for two days longer than they need it to. Why? Because they wanted make sure to clean up after their own messes. That's so nice. And now, let's pause for an ad break. Winter can really take a toll on your skin. The cold weather can make you feel super dry, dehydrated, (groans) you know. If your skin has been feeling the like that lately, Ouai has you covered with their new body creme and body cleanser. This hydrating, skin-softening duo comes in the iconic Ouai fragrance, Melrose Place, with notes of bergamot, lychee, cedarwood, and white musk. This scent is so luxurious, it will make you just feel like a rich woman who wears like big faux fur coats, who just inherited millions of dollars from her late husband. You know, that scent. Smells good. You smell rich is what I'm saying. This scent is the perfect balance of floral and fresh. Also, the ultra-rich way Melrose Place body creme is so moisturizing yet fast-absorbing, so it doesn't leave your skin feeling super greasy. I put it on all over right after I shower and it makes my skin feel so soft and hydrated. Nothing feels better than getting outta the shower, putting on the Ouai body creme, and slipping back into my comfy pajamas to read my book. It's just the best feeling ever. I also love that it has high quality nourishing ingredients like squalane, coconut oil, and cupuacu butter. I think I nailed that. Experience the new Ouai Melrose Place body creme and body cleanser. Your body, your Ouai. Go to TheOUAI, T-H-E-O-U-A-I, .com and use code DARKHISTORY to get 15% off your entire purchase. That's 15% off your entire order at TheOUAI.com, T-H-E-O-U-A-I, .com, code DARKHISTORY. And we're back. The Rehabilitation Act basically carved out additional funding for services benefiting people with disabilities. It's important to point out that the act only applied to the federal government and programs benefiting from the federal government. I am getting super tongue tied today. So government buildings had to be accessible and government jobs couldn't discriminate. The private businesses, individuals, and local and state governments could do whatever the fuck they wanted to. Plus, it's rumored that the section in the Rehabilitation Act that was about discrimination against people with disabilities was snuck in there by some congressional staffers. So most politicians didn't even realize they were signing the Civil Rights Bill into law. And because of this, that section was very limited and hard to enforce. So stupid. They make up so many excuses. So even though they had the Rehabilitation Act, activists knew the fight for equal rights was far from over. I mean, what about restaurants, apartment buildings, medical facilities, public transportation? I mean, the list goes on. The point is access to everyday necessities is fundamentally important to living, and by the 1980s, this fight still wasn't getting any easier because of presidential candidate Ronald Reagan. One of his campaign promises was to cut funding to all federal welfare programs, and this included the recently passed Rehabilitation Act. So to Reagan, all this spending was an obstacle to the American Dream. So, Ronnie gets elected, and in 1981, he signs a bill that slashes federal funding for the very programs outlined in the Rehabilitation Act. Now, it's up to individual states to find funding. And how are they gonna do that then? The National Council on Disability is an advisory agency that advocates for people with disabilities. Well, President Reagan not only cut their funding, but he fired all the members, replacing them with his own appointees. But Ronald Reagan doesn't exactly get what he wants out of this because he knew NCD quickly gets to work on a report about how the government should enforce disability compliance. This was a nice turn of events, I guess. The report was actually framed as a plea for basic civil rights for Americans with disabilities and called for sweeping changes to the way the government enforced the laws. But after president Reagan saw the report, the head of the NCD was quietly fired. Okay, so not the best turn of events. But it was too late for Ron to stop any change from happening because this report ended up finding its way to Congress, which finally started a conversation about how all Americans with disabilities should be protected. So in 1988, 24 years after the Civil Rights Act was passed, the push officially began for what we now know as the Americans with Disabilities Act, or the ADA, which leads us to the United States under President George H. W. Bush. Now President Bush, I'm sick of these goddam presidents, they all suck. Now, President Bush was vocally supportive of the ADA. My comment wasn't towards this, but I mean, you know, they all like fucking suck. Great, but there's like a catch, okay? A political, a political catch. Rumor has it that one of the main reasons why Bush supported the ADA was to distance himself from Ronald Reagan who once made a derogatory comment about a presidential candidate with a disability. So he's trying to play the good guy. Reagan called that person an quote "invalid", on live television, which created a massive controversy in the press. And Bush, who had been Ronnie Reagan's VP for eight years, wanted to emerge from the shadows of his former boss. Whatever the motivation Bush publicly supported the shit out of the ADA, so this was huge. Was it? I don't even fucking know. 'Cause it is, but it's not, but it is, but it's not, but it is, but it's not. (groans and sighs) You would think that the support of the current president would be enough to pass the ADA, but it got held up by debates in Congress for a few months over whether the cost of helping Americans with disabilities was even worth it. Some politicians argued protecting the rights of people with disabilities was too much of a financial burden on small businesses. Oh my fucking, eye fucking roll. Get the fuck over it. Why don't you leave then? Why don't you go to a different country if you can't like service everybody who lives here? Get the fuck out. Thank you, goodbye. "The New York Times" ran an editorial in 1989 called "Blank Check for the Disabled." And the title kind of speaks for itself. Tired of the mistreatment and tired of waiting for the ADA, a number of disability activists staged a protest in Washington, DC on March 12, 1990. It was a pretty warm day in DC. A bright sunny sky and thousands of activists were marching through the streets, and their destination, you ask? It was the US Capitol Building. Now this was going to be one of the biggest disability rights rallies in the entire world. Various activists set up and gave speeches in front of the Capitol steps, calling for the passing of the ADA. Now crowds were forming and people were cheering on the protestors as they passionately called for the Congress to pass the bill. And something even more amazing happened. 60 protestors jumped out of their wheelchairs, or threw aside their crutches, and began making their are way up the stairs to the Capitol building, one step at a time. For the record, the Capitol staircase is 78 long marble steps. So I mean, this was pretty freakin' badass. Okay? One of the demonstrators said that the protest was meant to be a symbolic depiction of what the struggle of living with a disability and fighting for your own civil rights was like. As the protestors ascended the steps, the crowd cheered, holding signs of encouragement for the climbers. And they started their own chants. "What do we want? ADA. When do we want it? Now!" One of the protestors climbing up the steps was a woman named Paulette. Now she was interviewed by the press as she climbed, and when she was asked like, "Why are you doing this?" She said, quote, "I wanna be treated like a human being." Isn't that so sad? Another one of the protestors was an eight year old girl named Jennifer Keelan who was born with cerebral palsy and had to use a wheelchair her entire life. Now when she was just six years old, she and her mother saw their very first disability rights protest in Arizona and Jennifer said that completely changed her life. When the press asked her why she was climbing the steps, she told a story about her friend Kenny, who probably wouldn't have died if he had better healthcare. She said quote, "I'll take all night if I have to. I'm doing it for Kenny." End quote. Now this event became known as the Capitol Crawl. The press published story after story, photo after photo of all the disability rights protestors climbing the steps of the Capitol building and suddenly, the fight for the ADA caught the attention of the entire nation. People started calling their representatives in Congress, demanding the ADA be passed. Now, the pressure was on. So just a few months later, on July 26, 1990, the ADA was finally passed by Congress and signed into law by President Bush. And now let's pause for an ad break. Sometimes it can be hard to find the motivation to cook meals at home, but HelloFresh makes it so easy and enjoyable. HelloFresh delivers fresh, high-quality, pre-portioned ingredients, so you can make meals that are delicious and nutritious. So you can skip the trip to the grocery store and you don't have to wait in long lines with only one cashier. You know the deal. 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That's HelloFresh.com/DarkHistory16 and use code DARKHISTORY16 for up to 16 free meals and three free gifts. Woo. Thank you, HelloFresh, for partnering with me on today's episode. Now, let's get back to the story. So the ADA is now the law of the land. It's definitely a start, but it's, it's quite flawed. Okay? When the law first passed, many businesses decide to just ignore it and wait to get sued. They simply just didn't wanna pay the cost to update their buildings. We'll see this come up a little later. Another issue is that a main goal of the ADA is to get more Americans with disabilities employed, but their employment rates are still incredibly low. There's also that problem that disability itself isn't clearly defined. This is on purpose, so it can cover as many people as possible. But in being broad, it's also super vague. And this gives room for attorneys to question if people really are, you know, quote/unquote, "disabled" under the ADA. Like in 2002, there was a woman named Ella Williams. She worked at a Toyota car assembly factory in Kentucky. The repetitive nature of her job caused her to develop carpal tunnel syndrome. Ella told Toyota about the issues. Instead of helping her, they required her to be more physically active, which she couldn't do. So, she was fired and then she sued Toyota, citing a violation of civil rights under the ADA. Now, unfortunately the court ruled that Ellis carpel tunnel did not qualify as a disability because her major life activities weren't affected by her condition. Now this created a bit of a loophole in how courts approach the ADA, saying now that a disability has to limit task in someone's daily life, as opposed to just their work life. So they're just making like, they're making up rules as they go. Because of Ella's experience and similar cases, there have been some amendments to the ADA, which better define disability and protect the people it was actually intended to protect. This is great. But the work still isn't done, because there is no federal government agency policing businesses to make sure they are truly complying with the ADA, which now leads me to another man named Albert Dytch. Albert is a disability activist who has made it his entire life's work to ensure businesses are abiding by the ADA. In 2008, he went to the movies and tried using an accessible restroom. But as soon as he entered the stall in his wheelchair, he became trapped. Now in response, he wrote a letter to the theater, asking them to fix it. They responded with a letter from their lawyer saying everything was ADA compliant and they didn't have to change a damn thing. Now Albert knew for a fact this wasn't true because he had been unable to use it. So he took them all the way to court. And when an expert investigated the theater restroom, he only validated Albert's claim, but also found several other ADA violations throughout the theater. If Albert hadn't sued, there would have been no one there to make sure the theater complied with the ADA. So Albert kind of realized if he actually wanted things to get done, this might be the way to do it. Over the years, Albert has sued over 180 businesses for ADA violations. This is because the very people hurt by these civil rights violations are required to report them to the Department of Justice. And Albert is on record saying that he is not after, he's not after anyone's goddam money. Most of the time the settlement is like under $7,000 to cover his legal fees, and like, that's it. The real reason Albert is doing this is to shed light on, on a problem, or on problems and just get them fixed. Not everyone has a time or ability to do the work that Albert is doing. So imagine how many violations there are out there that aren't being addressed. You might be thinking, well, we need more Alberts in the world. But what we really need, (laughs) hi, is a government agency actively spot checking for ADA violations, so it doesn't fall on us or Albert to do it. Albert is a goddam hero, but he shouldn't have to be doing this alone. The fight to improve and protect the ADA still lives on today. I mean, as recently as 2017, Congress attempted to overturn the Affordable Care Act, which would've undercut the services that help people with disabilities guaranteed under the ADA. One of the Congress people leading the charge to overturn the Affordable Care Act was Senate Majority Leader, Mitch McConnell, that fucking turtle. He looks like a goddam turtle. He is a devil turtle. So a group of protestors showed up to his office and did their own mini version of the Capitol Crawl, chanting and demanding Mitch drop his attempt to overturn the Affordable Care Act. The Capitol police were summoned and images of the protestors with disabilities being arrested and dragged away in handcuffs quickly went viral, which obviously caused a lot of people to be pissed the fuck off at Mitch. Fuckin' asshole. In conclusion, there really is no conclusion 'cause this is an ongoing conversation. The Association of People with Disabilities, AAPD, is one of the largest advocacy groups for people with disabilities. They argue that the ADA is an excellent piece of legislation, but there's still a lot of work that needs to be done and it needs to be improved. There's just so much that needs to be done. Healthcare, transportation, housing, all businesses need to be following, allowing everybody to come into their shops, their stores, whatever. And someone needs to be held accountable and checking these people. Again, just fucking burn it. What do we do? What do we do? There are a lot of people who cry welfare state and complain that costs associated with taking care of our vulnerable citizens are too high, but the cost of not taking care of them is much higher, and not like the costs should even matter. They shouldn't even be a question. We're all human beings, are we not? And it should be enough to wanna care for our fellow humans, our fellow citizens. So how can we help? Well, for one, don't be an asshole and care about other people. And two, even today, there's still no agency tasked with making sure companies abide by the ADA. The responsibility to report violations of the ADA lie squarely on the public. And only once it's reported, can it get investigated. So if you see something that doesn't feel ADA compliant, report it, and make sure you're out to your lawmakers to keep the pressure on to continue making legislation to help people with disabilities. Anyways, thank you guys so much for learning with me today. Remember, don't be afraid to ask questions. Okay? And get the whole story, because we deserve that as people, do we not? I'd love to hear your guys' reaction to the story on social media, so use the hashtag #darkhistory so I can follow along. Also, join me over on my YouTube, where you can watch these episodes on Thursday after the podcast airs, and also catch "Murder, Mystery, and Makeup", which drops on Mondays over on my YouTube as well. I hope you have a great rest of your day. You make good choices, and I'll be seeing you later. Bye. "Dark History" is an Audioboom original. This podcast is executive produced by Bailey Sarian, Kim Jacobs, Dunia McNeily from 3 Arts, Justin Comins, and Claire Turner from Wheelhouse DNA. Produced by Lexxi Kiven. Research provided by Thomas Messersmith. Writers, Jed Bookout, Michael Oberst, Joey Scavuzzo, and Kim Yaged. And a big thank you to the ADA consultant, Marcela Rhoads. And I'm your host, Bailey Sarian.
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Channel: Bailey Sarian
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Keywords: Bailey sarian, youtube bailey sarian, bailey sarian youtube, youtube bailey, bailey, sarian, mystery makeup monday, monday mystery makeup, mystery makeup, mystery makeup mondays, makeup artist, makeup 2021, new makeup 2021, new makeup tutorial, flawless makeup, makeup and story time, makeup story time, story time and makeup, story time, grwm, grwm and makeup, get ready with me and makeup, makeup grwm, grwm 2021, flawless foundation, mystery monday, mystery, monday story time
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Length: 43min 3sec (2583 seconds)
Published: Thu Feb 17 2022
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