A woman sits in a motorized wheelchair with the US Capitol building in the background. She is smiling and wearing glasses, colorful floral pants, and an orange shirt with The Arc's logo that reads "Disability Rights are Human Rights"

The ADA Turns 31

Today, we mark 31 years since the passage of the Americans with Disabilities Act (ADA). The Arc is proud of our long history advocating with and for people with intellectual and developmental disabilities (IDD) and working to ensure that their most fundamental rights and the protections guaranteed by the ADA are recognized and fulfilled.

Thelma Green, 61, is a self-advocate in Washington, D.C. who The Arc profiled in a story in 2017 about the importance of Medicaid in her life. On this anniversary of the ADA, Thelma, a wheelchair user, shared reflections on what the landmark law means to her. She was a young woman when the ADA passed in 1990.

“The biggest change is that I got more than once choice for transportation and being able to get around and have stuff more accessible,” she said.

Thelma says before the ADA was passed into law, navigating the community was tough.

“Back then, they didn’t have accessible cabs or Metro Access. It was really difficult,” Thelma tells The Arc.

And she says daily living was more challenging and people treated her with less respect.

“I think it was more difficult before because people weren’t really listening to us. They weren’t taking people with disabilities seriously enough until a family member stepped in,” she explained.

The ADA transformed the country in important ways, changing expectations for the lives of people with disabilities. The law requires accessibility and bans discrimination in almost all private businesses, and has significantly reduced discrimination in state and local government services. The transportation and paratransit provisions have yielded greater mobility and community participation. Employment provisions have been important, for example, providing protections in the hiring process and expanding the use of job accommodations for workers with disabilities. The built environment has tangibly changed based on the requirements of the ADA, for example, ramped building entrances and curb cuts on sidewalks are now common. In major ways, people with disabilities are closer to the goals of equality of opportunity, full participation, independent living, and economic self-sufficiency defined in the law.

But Thelma knows the fight for equity is far from over, and The Arc and our allies are advocating for stronger enforcement of this civil rights law.

“You have to continue on fighting for the same rights that everybody else has. We need to have more accessible places for people with wheelchairs and crutches to make it much easier for them to get it and more accessible buildings,” she said.

On this anniversary, Thelma also wants people to recognize and be sensitive to people who have hidden disabilities that are not always obvious. Across the United States, more than 6 million people have hidden, or invisible disabilities, like autism, sensory disorders, or dyslexia. And, they also entitled to the protection of the ADA.

As we renew our commitment to the ADA, and the charge to eliminate unjustified segregation and exclusion of people with disabilities from American life, The Arc reaffirms our goal to protect against forms of discrimination based on disability, race, sex, gender identity and expression, sexual orientation, national origin, or any other protected status. We will keep fighting to defend the rights and lives of Thelma and all people with disabilities and their families, and advance toward full inclusion for all.

MLK Day logo that says "MLK Day of Service - Corporation for National and Community Service"

Individual Food Drives Help Feed Hungry Tulsans

As The Arc of Oklahoma watched COVID-19 infections rise in their state in the second half of 2020, they hoped restrictions would decrease in time for their MLK Day of Service event in January 2021. But as the year progressed and COVID cases continued their upward trend, the organization began laying the groundwork to transition their in-person event into a virtual one. Regardless of the format, the goal remained the same: make a notable dent in Tulsa’s 15.8% food insecure population.

MLK Day of Service volunteers

Interested in hosting your own MLK Day of Service event? Apply for a grant from The Arc and AmeriCorps to help organize your 2022 service project, give back to your community, and promote the inclusion of people with disabilities!

The Arc of Oklahoma’s Board of Directors, members of their Self-Advocacy Program, and community partners ultimately decided that individual food drives would maintain the integrity of the event while preserving the health and safety of all involved. So, “Individual Food Drive Hosts” set to work, collecting food items from families, neighbors, church members, and co-workers. Hosts then donated the items to their chosen pantry. By the end of March, 60 volunteers had administered individual food drives, serving nearly 430 of their fellow Tulsans.

The recipients of the individual food drives were not the only beneficiaries of the program. Volunteers from The Arc of Oklahoma’s Self-Advocacy Program also reaped benefits, growing professionally and personally. The majority of the volunteers have an intellectual and/or developmental disability (IDD) and experience difficulty communicating verbally and in social situations. Service projects such as these allow people with IDD to play a vital role in their communities though volunteering. As an added bonus, these individuals gain access to a welcoming and safe environment to practice social interactions and build the confidence needed to speak up for themselves and others.

Although the format of The Arc of Oklahoma’s 2021 MLK Day of Service event changed from their original proposal, it was a wonderful kick-off to a year of service, just as Dr. King had envisioned. Subsequent activities, such as the organization’s recent drive-through food distribution, have furthered the goal of alleviating hunger in Tulsa.

As The Arc of Oklahoma’s service events continue into the summer and fall, the organization’s true impact on food insecurity has yet to be seen. But if the following statement from a family who benefited from the food drive is any indication, the organization’s impact promises to be significant!

“I want to thank you with all my heart for how much you have helped us! You are wonderful people. Thank you for being so generous. Thank you to everyone who has helped us through you. You are angels to our family, and we are fortunate to know you!”

The Arc logo

The Arc and Coalition of Disability and Civil Rights Organizations Urge Court to Allow Britney Spears to Select Her Own Attorney in Conservatorship Case

Washington, D.C. – The Arc, with a coalition of 25 civil and disability rights organizations, joined an amicus brief filed Monday by the American Civil Liberties Union (ACLU) and the ACLU Foundation of Southern California in support of Britney Spears’ right to select her own attorney for her conservatorship proceedings. The brief also urges the Superior Court of Los Angeles County to ensure Ms. Spears has access to assistance and tools to select her attorney, including Supported Decision-Making.

Ms. Spears is currently under a probate conservatorship and has been represented by a court-appointed attorney for most or all of the 13-year duration of her conservatorship. On June 23, Ms. Spears told the court that she wishes to choose her own attorney. On July 6, Ms. Spears’ court-appointed attorney asked to resign from her conservatorship case.

Often in conservatorships, judges appoint a lawyer to represent a conservatee without allowing the person under conservatorship any say in this decision. The amicus brief argues that the right to choose one’s own attorney is a core element of the Sixth Amendment right to counsel, and people under a conservatorship should be able to retain this right. The brief also provides background to the court on how Supported Decision-Making could be an effective tool for Ms. Spears to use in choosing her own representation.

Supported decision-making allows a person to retain their legal rights while getting support with decision-making from those they choose and trust. Supported Decision-Making does not require court involvement and can be combined with other legal tools, such as powers of attorney and advance health care directives, that promote self-determination and autonomy.

“For many years, The Arc has advocated for the rights of people with intellectual and developmental disabilities to participate to the maximum extent possible in making and executing decisions about themselves and to ensure their civil and human rights are retained and enforced, regardless of conservatorship or guardianship status,” said Peter Berns, CEO of The Arc. “Ms. Spears has the right to self-determination in selecting her own attorney and The Arc will continue to advocate to ensure such rights—for Ms. Spears and the disability community more broadly—are protected in the courts.”

The Arc logo

The Arc Denounces Ruling on Use of Shock on Residents With Disabilities at Judge Rotenberg Educational Center

In a stunning reversal, the U.S. Court of Appeals for the D.C. Circuit overturned the Food and Drug Administration’s ban on the use of electric shock devices that has inflicted painful abuse on residents of the Judge Rotenberg Educational Center (JRC) in Canton, Massachusetts for decades. JRC is an institution for children and adults with intellectual and developmental disabilities and mental health issues. The Arc and The Arc of Massachusetts, alongside several disability rights organizations and empowered self-advocates across the country, fought for decades to stop this practice.

By the FDA’s own count, as many as 50 JRC residents wear the shock device. Staff members use remote controls to administer shocks for perceived misbehavior. JRC is the only place in the country that uses the barbaric and inhumane practice, despite substantial evidence that the shocks are painful and traumatizing to residents, and alternative positive behavioral supports exist, and are proven more effective.

“In 2021, we should not still have to fight tooth and nail for people with disabilities to live free from fear and torture. The Arc denounces this ruling, as it strips dignity away from those living at this facility and threatens the civil rights of all people with disabilities. We will continue to fight for the end of this abusive practice,” said Peter Berns, CEO, The Arc.