Justice Speeches

Chief Justice Eric Brown

ADA 20^th Anniversary Celebration

July 26, 2010

Commissioner Williams, thank you.

First Lady Strickland, Justice Cupp, elected officials, members of the Ohio Rehabilitation Services Commission, and to all of you, friends of the Americans with Disabilities Act ...

My thanks and congratulations to the artists and sponsors who donated their talents and resources for the anniversary mural. I can't wait to see it.

I believe that art, and in particular public art, reminds us of what is important. Art shows us what we value as a society. I am certain that the mural will add to our understanding and appreciation of humanity.

My thanks to everybody who made this vision a reality.

Before I go on, I would like to say that I have an expansive appreciation of the Americans with Disabilities Act—not only because, as a judge, it is my responsibility to apply such laws in the courtroom—but also because I used a wheel chair for three months following hip surgery.

I learned the obvious challenges of crossing the street, but also the not-so-obvious ones, such as opening doors.

I learned why it is important to use the proper slope of a sidewalk access and how impossible it is to wash your hands at most sinks.

I don't want to overstate my experience. My situation did not come close to what many of you confront on an on-going basis.

But my experience gave me a deeper appreciation for the ADA and for ensuring that our courtrooms are accessible to all people, including those with disabilities.

I was fortunate that the courtroom I used in the General Division of Common Pleas Court had a floor level jury box and witness stand. Very accessible.

I was able to apply my learning experience when it came time to design the new Franklin County Courthouse. I was able to work with the planners and architects to ensure that those in wheelchairs will be able to serve on juries, able to serve as witnesses and observe trials—all matters that are difficult in the current courthouse.

I also have first-hand knowledge of IEPs (Individualized Education Plans). I participated in the development of IEPs as both a parent of a child with learning disabilities and as an impartial hearing officer for IEPs.

My personal experiences give this celebration a special meaning for me—me and all the other baby boomers who are, or will soon struggle with mobility and disability issues.

Today in Washington President Obama will hold a White House celebration marking the 20^th anniversary of the Americans With Disabilities Act. There will be speeches and pats on the back—all justifiably so.

But what I believe to be the most significant celebration will be at the other end of Pennsylvania Avenue when Jim Langevin presides over the afternoon session of the U.S. House of Representatives.

Why is this important? Why is this a celebration?

Because Langevin, a five term Congressman from Rhode Island, is a quadriplegic. As Speaker Pro Tem, Representative Langevin will become the first person in a wheelchair to preside over the U.S. House of Representatives.

Until just a few days ago, the only way to reach the Speaker's podium was to climb two flights of stairs.

Installation of a mechanical lift was completed last week—meaning that from now on, your ability to walk will no longer determine whether you can become Speaker of the US House of Representatives.

House Majority Leader Steny Hoyer will be on the House floor this afternoon, much in the manner he was 20 years ago when he was a lead sponsor of the ADA.

Congressman Hoyer helped place the ADA in its proper light when he said this:

"The Americans With Disabilities Act doesn't just matter to Americans with disabilities. It should matter to every American, because the degree to which our society is an open, inclusive, and fair one ... is a measure of our character. It is a measure of how far we have lived up to America's promise."

We should remind ourselves today that passage of the ADA was bipartisan.

The House and the Senate were both controlled by Democrats, yet the chief sponsor of the bill was Senator Bob Dole, the Kansas Republican who lost the use of his right hand while fighting in World War Two.

The Bill also was signed into law by a Republican, President George Bush. This should serve as a reminder of what can be accomplished when political parties work together.

We should not allow ourselves to think of this as a final victory. We can and we must make a broader reach of society more open, more accessible, more understanding of the needs of people with disabilities.

Issues regarding inclusion and independence will only grow in the years and decades to come.

But Enactment of the ADA was an important step. It helped transform the face of disabilities in this country.

The ADA taught us that somebody who makes use of a wheel chair, or does not have the use of both arms, could no longer be labeled for their medical condition.

Their challenges became a civil rights issue.

Should somebody who uses a wheel chair be denied access to a courthouse? The ADA said no.

Should somebody who could not dial a telephone be denied timely access to emergency services? The ADA said no.

What about the parents of an autistic child? Should they be able to send their child to a school with teachers who are well trained and who understand the child's needs? The ADA said yes. That is a reasonable expectation.

Could somebody who lost their legs in Vietnam be allowed to serve as Secretary of Veteran Affairs? The ADA said yes.

The ADA has said yes to millions of people. Without calculating the number of people from the past 20 years with a disability, the current estimation of the number today—right at this moment—is 24 million people.

Think of the difference it has made in their lives, in our lives.

The expansion of their rights has led to an expansion of their contributions to society.

Justice Felix Frankfurter was appointed to the US Supreme Court in 1939 but he was always a man ahead of his time. In a 1947 speech to the National Press Club he had a message for all of us today:

We cherish, he said:

"... a society in which the dignity of every individual is central, regardless of the accidents of antecedents; a society in which there is no unimportant people; a society in which institutions are progressively to be shaped so as to bring to maximum fruition the potentialities of men."

The Americans with Disabilities Act broadened our understanding of dignity.

It clearly stated that no matter the shape or condition of a person's body—or the challenges of their brain—that each person should be encouraged, should be provided the tools and the access ... to contribute to the richness of our lives.

Today is a great celebration, for this is a reminder that our nation is at its best when we protect and expand the rights of all people.

Thank you allowing me to join you in this celebration.