Today, Congressman Jerrold Nadler (D-NY), Chair of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, chaired a hearing on the Americans with Disabilities Act at 20 – Celebrating Our Progress, Affirming Our Commitment. As part of a continued effort to oversee and monitor the enforcement and progress of the Americans with Disabilities Act (ADA), the hearing allowed Members to contemplate the progress that has been made by ADA, and to explore ways to fulfill its promise in the future.

“Heralded at its signing in 1990 as an ‘emancipation proclamation for people with disabilities,’ the goals of the ADA are lofty and embody core principles that have made this nation great – equality of opportunity, independence, and integration,” said Nadler. “Through broad non-discrimination directives aimed at employers, government entities, and places of public accommodation – and requirements of reasonable accommodation and modification that are designed to dismantle architectural and societal barriers – the ADA has transformed our world.”

The hearing commemorated the 20th anniversary of ADA and provided an opportunity for reflection on ADA’s past achievements and future goals. Over the last 20 years, ADA has improved the lives of millions by requiring employers, government offices and private businesses to make reasonable accommodations and remove architectural and communication barriers that would otherwise prevent individuals with disabilities from participating fully in mainstream American life.

Today’s witnesses were: Representative Steny Hoyer (D-MD); Representative James Langevin (D-RI); The Honorable Tom Perez, Assistant Attorney General, Civil Rights Division, U.S. Department of Justice; The Honorable Richard Thornburgh, Former Pennsylvania Governor and U.S. Attorney General; Cheryl Sensenbrenner, Immediate Past Board Chair, American Association of People with Disabilities; Adrian Villalobos, El Paso, Texas; Casandra Cox, Bronx, New York; and, Jonathan Young, Chairman, National Council on Disability.

Below is Nadler’s opening statement:

“This hearing commemorates the twentieth anniversary of the Americans with Disabilities Act of 1990 and provides us with an opportunity to reflect on our progress and affirm our commitment to achieving the ADA’s full promise.

“Heralded at its signing in 1990 as an ‘emancipation proclamation for people with disabilities,’ the goals of the ADA are lofty and embody core principles that have made this nation great – equality of opportunity, independence, and integration.

“Through broad non-discrimination directives aimed at employers, government entities, and places of public accommodation – and requirements of reasonable accommodation and modification that are designed to dismantle architectural and societal barriers – the ADA has transformed our world.

“Some of those changes are visible – lifts on buses, elevators in subway stations, power-assisted and wider doors, designated parking spots, curb cuts, and – as with today’s hearing – closed-captioning. Others are not so visible, but are powerfully important nonetheless.

“Those less-visible changes – the slow breakdown of disabling stereotypes, myths, prejudice, and stigma – are also happening because of the increased access and opportunity made possible by the ADA. As we witness and benefit from the contributions of family members, colleagues, and neighbors with disabilities, outdated and misguided beliefs are challenged and changed.

“While we still have a long way to go, our passage of the ADA Amendments Act of 2008 is yet another mark of our progress on this front. Through the ADA Amendments Act, we responded to the Supreme Court’s unduly narrow interpretation of the definition of ‘disability’ and reaffirmed our commitment to focusing on abilities – the ability to do a job, to participate in programs, services, or activities, or to thrive in a community-based setting – rather than the degree or severity of our limitations.

“Thus, as we will hear from the witnesses who are with us here today, we have much to celebrate. Yet we also know that we have not reached the finish line, and that much work remains.

“As we will hear today from Assistant Attorney General Thomas Perez and Casandra Cox, we must continue working to end the unnecessary institutionalization of people with disabilities. Ms. Cox was placed in an adult home following a short hospitalization. Despite her requests for assistance in finding an appropriate community-based placement, Ms. Cox remained in that home for three years until she was able – through persistence and good luck in being selected for a state pilot program – to find a community-based placement where she has thrived.

“The ADA’s promise of integration and independence should not depend on persistence or on luck. More than 10 years ago, in Olmstead v. L.C., the Supreme Court declared that unnecessary institutionalization violates the ADA and that states must ensure that individuals receive services in the least restrictive setting possible. Yet thousands of individuals like Ms. Cox – individuals who can and should receive services in community-based settings – remain warehoused in large institutions.

“This remains true despite the fact that former residents are thriving in supportive settings at costs that are lower than, or equal to, the cost of institutional care.

“Work to make public transit systems and brick and mortar structures accessible also remains unfinished. Twenty years after the ADA required readily achievable changes to existing structures and set out standards for new buildings, many brick and mortar facilities remain inaccessible. And while we have made great strides in our public transit systems, significant gaps and ongoing problems remain. Continued non-compliance with Titles II and III of the ADA is inexcusable. While we should continue to pursue proposal that promote voluntary compliance, like the Department of Justice’s Project Civic Access, we should rightly reject any measure that threatens the ADA’s promise of access and integration.

“Even as we press forward to ensure greater access to physical places, and programs and services, we cannot lose sight of the need to ensure that evolving technologies are also accessible. In the 20 years since the ADA’s passage, technology has revolutionized the way we work, learn, shop, and socialize. While these advances ultimately may offer individuals with disabilities unprecedented access and opportunities, we have yet to see that full potential realized.

“During a Subcommittee hearing this past spring focusing on access to emerging technology as a civil rights issue under the ADA, we urged the Department of Justice to issue regulations and additional guidance to achieve greater compliance with the ADA’s equal access obligations with regard to the internet and other evolving technologies. I hope we hear more today about the Department’s plans to do so.

“As we celebrate our progress and set our sights on the challenges that remain, I would like to take a moment to recognize and thank my colleague Jim Sensenbrenner. My colleague from Wisconsin first introduced the ADA Restoration Act in the 109th Congress and worked with the Majority Leader – Representative Steny Hoyer, who is one of the ADA’s greatest champions, and who we are also honored to have with us here today – to ensure passage of the ADA Amendments Act of 2008 in the 110th Congress.

“The full Judiciary Committee favorably reported that bill by unanimous vote. For those of you who are not familiar with this Committee, full agreement on anything is unusual, and I thank the Ranking Member for his leadership, and all of my colleagues on both sides of the aisle for setting aside our differences to come together on such a critically important issue.

“Our collaboration on the ADA Amendments Act, which was then passed by an overwhelming majority of the House, illustrates an enduring bipartisan commitment to achieving the full civil rights for Americans with disabilities, some of whom are with us today to share their stories and bear testament to the real impact that the ADA has had on the lives of millions. It shows that, when we can lay aside our differences for a common purpose, we can achieve great things.

“I look forward to hearing from these witnesses, and to working toward the day when the full promise of the ADA is finally achieved.”