58 / SOCIETY 9 MARCH / APRIL 1983
achieving social recognition that their struggle is indeedpolitical, achieving a political definition that unites themwith other oppressed minorities, and acting not as vic-tims but as equals. It is an awesome agenda, alreadybegun.In exploring what is and what can be, it is frequentlyuseful to recollect what has been. In large measure thehistory of disabled people, like the history of so manyordinary people, is unwritten. But we do have some ideaabout the evolution of those structures which werefashioned to house and handle them. Of particular im-portance in the politicization of disability is the recenthistory of litigation and legislation.In 1954, the Warren court issued its famous decisionin
Brown v. Topeka Board of Education.
This decisiondid not come out of the blue, nor, as social scientistssometimes like to think, did it issue from the discoveriesand evidence of social scientists. A long legal process--carefully orchestrated, well-planned, and consistentlypressed--had started in the courts decades earlier. The
Brown
decision emerged through legal and politicalstruggle.In principle, it seemed the decision was applicable togroups other than blacks. The idea that separate was notequal provoked reconsideration of the relationship of re-tarded people, prisoners, patients, institutionalized peo-ple, and people in the armed forces to this polity's legalstructure and to the polity itself.The example of
Brown
inspired the plaintiffs andlawyers involved in the landmark decisions of the recenthistory of disability that eventually, in 1975, led to Pub-lic Law 94-142, the Education for All HandicappedChildren Act. Another law, the Rehabilitation Act of1973, contained the revolutionary sections 504, 503, and501. These sections have been called a civil rights act fordisabled people.Changes in law and changes in implementation hadsome effect on the polity. Their effects on disabled peo-ple were profound. Sometimes political action by thedisabled was the result of law; sometimes its origins wereindependent. Sometimes political action was individualrebellion; sometimes it was carefully planned in concertwith others. Sometimes it was an insistence on rights thatothers had long taken for granted; sometimes it seemedto stake out new rights, opportunities, and obligations. Itis instructive to catalogue a few of these diverse politicalactions.A woman in a wheelchair who was qualified for ateaching job was refused it, fought back, and won;elsewhere, a governor signed a bill prohibiting job dis-crimination against disabled people. One airline refusedto carry a handicapped person, who fought back andwon; another airline published a booklet on special ser-vices for disabled people. Handicapped people inWashington fought to force inclusion of elevators intothe then-projected Metro subway system and lost; inanother large city, special seats for elderly and handi-capped people were marked out on public transportation.A disabled lawyer who could not appear at a legal
pro-
cess against him because there was no way for his wheel-chair to enter the building fought back; a state senate ap-proved bills designed to facilitate access to public build-ings and other facilities by disabled people. The JusticeDepartment charged the world's largest wheelchair man-ufacturer with collusion, monopolistic practices, pricerigging, inordinately high salaries for executives, andnepotism; later, this wheelchair giant finally came outwith an outdoor electric wheelchair, honoring a need metin the breach by small manufacturers, such as an out-raged paraplegic who designed a particularly impressivewheelchair, christened "Advance," in a garage.A computer was developed which transduces printedmaterial into spoken words, a promising use of space-agetechnology for handicapped people. Private groups pro-mote travel by disabled people, package tours, and ingeneral open up leisure activities that others have longenjoyed. The federal government published a book ofinformation for disabled people wanting to use the na-tional park system.In 1977, there were demonstrations at HEW regionaloffices, Washington headquarters, and the home of theSecretary of HEW demanding that the department issuethe regulations for Section 504 of the Rehabilitation Actpassed 4 years earlier and appropriately administered bythe Office of Civil Rights. The regulations were issued.Many disabled people met each other in an atmosphereof friendship and politics at the White House Conferenceon Handicapped Individuals. A mayor of a city estimatedto have a million disabled people established an office ofthe handicapped to amplify the voices of its handicappedcitizens.With support of his parents and lawyers, a high-schoolfreshman without an arm contested a decision excludinghim from football training. A person in a wheelchair waskept from a marathon; with ACLU lawyers, he broughtthe case to the courts and won. A disabled Boy Scoutwas denied his eagle badge because of his age; he foughtback and got his badge, making eight other handicappedScouts eligible.Such events signal handicapped people's responses toproblems of access, organization, politics, and civilrights; at the same time, they tell something about theway society labels, brands, and stigmatizes handicappedpeople.
Political Self-Reliance
A discussion of handicapped people as political beingsraises points of comparison with other groups that, uponreflection, do not seem strange. In some ways, disabledpeople seem like other minority groups; in other ways,they are different, although still comparable.Many of the political actions concerning disabled peo-ple were, to paraphrase Lincoln, for them, but not by andof them. For example, the court cases leading up to P.L.94-142 were not pressed by disabled people themselvesbut by their parents, lawyers, and friendly professionals.There is strength in this. Disabled people have friendswho are sufficiently potent politically to cause change.
Leave a Comment