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Ukazujem Revíziu 4 vytvorenú 12/09/2020 od briellesummerhays.

  1. So hi, I'm Catherine Blakemoore
  2. I'm the former Executive Director
    of Disability Rights California,
  3. which is the
    agency established under federal law
  4. as California's protection
    and advocacy system.
  5. Our mandate is to assist people
    with disabilities
  6. and protect their civil rights through a
    variety of advocacy efforts.
  7. Um, and I had the really good fortune
    of working at Disability Rights California
  8. or other similar organizations
    for about 40 years
  9. and both as a lawyer representing people
    and protecting their civil rights
  10. and their educational rights
    and their housing rights,
  11. and then most recently
    as the Executive Director.
  12. So the ADA to me is really
    based on the foundations
  13. of other really important statutes
  14. and those include the Individuals
    with Disabilities Education Act
  15. Section 504 of the Rehabilitation Act
  16. and both of those laws helped ensure
    inclusion and end discrimination.

  17. So when I was a very young lawyer in 1977,
  18. I did a lot of work
    in the area of education
  19. and one of the very first cases I worked
    on was representing a child, Jeremy
  20. who was in 1st grade and in the summer,
  21. he had been crossing a street
    with his family
  22. and unfortunately was hit by a car and
    became quadriplegic as a result of that
  23. and when his mother went to enroll him
    in school for the next school year,
  24. she was told that because of
    his disability,
  25. he could not
    return to his neighborhood school.
  26. and instead would need to go to
    a segregated special education program
  27. because that's where students
    with disabilities went
  28. and his parents contacted us
    and we agreed to take the case
  29. because that discrimination of saying
  30. you couldn't be with your neighborhood
    peers was just fundamentally wrong
  31. and contrary to the very foundations
  32. of the Individuals
    with Disabilities Education Act
  33. so we represented him in he hearing,
    we went to court.
  34. When we went to court, I think
    one of the most important things to me,
  35. was numbers of his classmates and
    their parents came to court with us
  36. and the students,
    they're 1st and 2nd graders,
  37. um, clearly enjoyed being with Jeremy
  38. but also more importantly,
    talked to the news media that was there
  39. about how they couldn't understand why
    Jeremy couldn't attend school with them
  40. and how important it was that their friend
    be able to go to school
  41. and participate with them
    just like he had in the years before.
  42. So that case to me, just represented
    the fist opportunity
  43. to really challenge a discriminatory
    practice and ensure that Jeremy
  44. could attend his neighborhood school
  45. and be included with his friends.
  46. So I think the first "aha" moment
    of the ADA was our ability
  47. to use the ADA and to discuss
    the United States Supreme Court decision
  48. called the "Olmstead Case" which said
    that people with disabilities
  49. could not be
    unnecessarily segregated in institutions
  50. and one of the most powerful ways we use
    the ADA and that case holding
  51. was to challenge the budget cuts
  52. that were proposed when California
    was deep in an economic recession in 2008
  53. and 2009. The state made the decision
    that what it was going to do is
  54. significantly reduce community-based
    supports like the
  55. in-home supportive services program
  56. Umm and our lawyers in
    Disability Rights California
  57. decided that that violated the ADA and
    would result in people needing to move
  58. into institutions, contrary to the
    Olmstead Decision
  59. So twice we went into federal court.
    Twice we were successful
  60. with the court holding that the ADA
    prohibited the state from making decisions
  61. that would result in the unnecessary
    institutionalization of people.
  62. So the ADA is an
    extraordinarily powerful tool to
  63. protect people's civil rights and one
    that we need to continue to use today.
  64. So I think what we've learned um
    in the last few months is that
  65. there is always room for us to continue
    to use the ADA as a tool to push further
  66. and the pandemic really
    reminds us of the high risk
  67. that people with disabilities,
    particularly those living in segregated
  68. and isolated settings
    like nursing homes face.
  69. COVID, which disproportionately
    impacted nursing home residents
  70. and it's in part because of the congregate
    setting that they live in
  71. and the vulnerability of people with
    disabilities to this particular disease.
  72. And so as we think about reopening
    California and moving forward,
  73. we have to really remember the
    importance of the ADA in saying
  74. that people need to live in the community.
  75. They need to be included.
  76. We have to be mindful of how do we
    accommodate the needs of people with
  77. disabilities as part of our reopening.
  78. How do we redesign service systems so that
    we no longer think of nursing homes as
  79. a primary place where people with
    disabilities or seniors should be living
  80. How do we ensure that people with
    disabilities, when they are participating
  81. in activities of the day aren't placed
    in isolated day kinds of programs
  82. but instead given opportunities to
    interact in the larger community
  83. So lots of work in that area to be done.
  84. I think the other part that's important
    is to use this moment to
  85. engage in intersectional civil rights
  86. There's lots of energy now to looking
    at issues of discrimination affecting
  87. black and brown people who are
    also more disproportionately impacted
  88. by the pandemic and to use this as an
    opportunity to come together as
  89. a larger civil rights community
    to advance inclusion, integration,
  90. nondiscrimination for all people
    including those with disabilities.