A thought-provoking podcast episode explores the limited scope and conservative origins of the Americans with Disabilities Act (ADA). It discusses the relationship between the ADA and welfare reform, the framing of the ADA in terms of independence, collaboration, and economic extraction, and the similarities and tensions between the disability rights movement and early LGBTQ+ movements. The episode also highlights the unfulfilled promises of the ADA, its perception as neoliberal, and the need for a different approach to disability policy beyond the ADA. The hosts express gratitude to patrons and advocate for Medicare for All.
The ADA was marketed as a cost-saving measure, framing disability as an economic burden and prioritizing work and economic rights as the path to inclusion and independence.
The ADA was heavily influenced by conservative ideals and positioned disability rights as an opportunity for welfare reform, aligning with the conservative rhetoric of personal responsibility and independence.
The ADA takes a reactive approach to accessibility, requiring disabled individuals to sue for reasonable accommodations rather than mandating proactive accessibility, placing the burden on the disabled person.
The ADA's focus on access needs and employment as a means to achieve independence did not lead to significant improvements for disabled individuals, highlighting the need for a reevaluation of disability policy.
Deep dives
The ADA as a Cost-Saving Measure
The ADA was marketed as a cost-saving measure, proposing to reduce dependency and non-productivity of disabled individuals, claiming that discrimination against disability costs billions of unnecessary expenses. The law framed disability as an economic burden and touted access to work and economic rights as the path to inclusion and independence.
The Conservative Origins of the ADA
The ADA was shaped by conservative ideals, positioning disability rights as an opportunity to advance welfare reform and reduce the national debt. Middle-class disability advocates, with more resources and access to power, championed a version of the ADA that aligned with conservative rhetoric of personal responsibility and independence. This conservative lens heavily influenced the passage and framing of the ADA.
The Reactive Approach of the ADA
The ADA takes a reactive, rather than proactive, approach to accessibility. The law requires individuals to sue entities for access to reasonable accommodations, rather than mandating proactive accessibility. This framework places the burden on disabled individuals to seek accommodations and penalizes non-compliance only after a request or lawsuit is made.
Power Dynamics and Marginalized Disabled People
Within the disability rights movement, marginalized disabled people, such as individuals with cognitive disabilities, often faced hierarchical exclusion and underestimated abilities. Advocacy efforts focused mainly on the concerns and interpretations of more powerful and visible disabled individuals. The resulting ADA legislation did not adequately address the specific needs and accessibility requirements of marginalized disabled individuals.
The ADA and the Failure to Improve Economic Well-being for Disabled Individuals
The podcast explores how the Americans with Disabilities Act (ADA) has not delivered on its promises to improve the economic well-being of disabled individuals. Despite claims that the ADA would lead to greater access to employment and reduce dependency on disability benefits, the podcast presents evidence that employment rates for disabled individuals have not significantly improved since the ADA's enactment. The podcast highlights the correlation between declining earnings for disabled individuals and the implementation of the ADA, suggesting that the law did not address the broader economic challenges faced by disabled individuals. In addition, the podcast discusses how the ADA became a vehicle for welfare reform, framing disabled people as burdens on society. This perspective undermined the original goals of the ADA and institutionalized the notion that disabled individuals are dependent and economically burdensome. The podcast concludes that the ADA has not lived up to its promises and calls for a reevaluation of disability policy.
The ADA and the Framing of Disabled People as a Burden
The podcast examines the framing of disabled people as burdens in the context of the ADA. It highlights how the law's advocates promoted the idea that disabled individuals were costly to society and that the ADA would save money by facilitating their transition into the workforce. This narrative of disability as an economic burden perpetuated stigma and reinforced the notion that disabled people should be self-sufficient and contribute to the economy. The podcast challenges this framing and emphasizes the harmful consequences of such an approach, including the perpetuation of ableist attitudes and the denial of the unique needs and rights of disabled individuals. It calls for a shift in perspective to promote disability justice and inclusivity.
Limitations and Implications of the ADA
The podcast explores the limitations and implications of the ADA. It discusses how the ADA failed to address the broader economic challenges faced by disabled individuals and how it aided in the institutionalization of welfare reform. The podcast highlights the high likelihood of ADA claims failing in court and the narrowing scope of the law due to court decisions. It argues that the ADA's focus on access needs and employment as a means to achieve independence did not lead to significant improvements for disabled individuals and calls for a reevaluation of disability policy to ensure a more inclusive and just society.
Lessons for Disability Policy
The podcast draws lessons from the ADA's shortcomings for disability policy. It emphasizes the importance of understanding the power dynamics and political forces that shape policy outcomes. The podcast challenges the dominant narratives surrounding the ADA's success and calls for a critical reassessment of disability policy. It highlights the need for a shift in focus from welfare reform to disability justice, prioritizing the needs and rights of disabled individuals over cost-benefit analysis. The podcast concludes by encouraging listeners to engage in conversations about disability policy and to push for policies that truly address the systemic challenges faced by disabled individuals.
As we send off 2023, we’re releasing a series of some of our favorite episodes of the year—including some newly unlocked episodes that have previously only been available to patrons. This episode was originally released on August 3rd, 2023. To support the show and help make episodes like this one possible, become a patron at www.patreon.com/deathpanelpod.
Original description: Bea and Jules mark the 33rd anniversary of the Americans with Disabilities Act (ADA) with a discussion of just how limited the law is compared with how it's portrayed, how to understand the ADA as part of the broader story of welfare state retrenchment in the 1980s and 1990s, and the broader story of how it got this way.
Transcript:
https://www.deathpanel.net/transcripts/the-ada-as-welfare-reform
Note: Sadly we lost Jules' recording to a technical issue, so this episode uses her backup track.
Find our book Health Communism here: www.versobooks.com/books/4081-health-communism
Pre-order Jules' new book here:
https://www.penguinrandomhouse.com/books/733966/a-short-history-of-trans-misogyny-by-jules-gill-peterson/
Death Panel merch here (patrons get a discount code): www.deathpanel.net/merch
As always, support Death Panel at www.patreon.com/deathpanelpod
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