1 00:00:00,909 --> 00:00:02,529 So hi, I'm Catherine Blakemoore 2 00:00:02,927 --> 00:00:07,199 I'm the former Executive Director of Disability Rights California, 3 00:00:08,407 --> 00:00:12,119 which is the agency established under federal law 4 00:00:12,220 --> 00:00:14,904 as California's protection and advocacy system. 5 00:00:15,024 --> 00:00:18,894 Our mandate is to assist people with disabilities 6 00:00:19,038 --> 00:00:24,492 and protect their civil rights through a variety of advocacy efforts. 7 00:00:25,102 --> 00:00:30,110 Um, and I had the really good fortune of working at Disability Rights California 8 00:00:30,196 --> 00:00:35,268 or other similar organizations for about 40 years 9 00:00:35,268 --> 00:00:38,926 and both as a lawyer representing people and protecting their civil rights 10 00:00:39,005 --> 00:00:42,061 and their educational rights and their housing rights, 11 00:00:42,141 --> 00:00:44,609 and then most recently as the Executive Director. 12 00:00:44,762 --> 00:00:50,738 So the ADA to me is really based on the foundations 13 00:00:50,804 --> 00:00:52,967 of other really important statutes 14 00:00:53,225 --> 00:00:56,472 and those include the Individuals with Disabilities Education Act 15 00:00:56,796 --> 00:00:59,025 Section 504 of the Rehabilitation Act 16 00:00:59,362 --> 00:01:04,637 and both of those laws helped ensure inclusion and end discrimination. 17 00:01:05,114 --> 00:01:08,474 So when I was a very young lawyer in 1977, 18 00:01:08,738 --> 00:01:11,457 I did a lot of work in the area of education 19 00:01:11,768 --> 00:01:18,468 and one of the very first cases I worked on was representing a child, Jeremy 20 00:01:18,578 --> 00:01:21,996 who was in 1st grade and in the summer, 21 00:01:22,077 --> 00:01:24,221 he had been crossing a street with his family 22 00:01:24,283 --> 00:01:29,042 and unfortunately was hit by a car and became quadriplegic as a result of that 23 00:01:29,651 --> 00:01:33,974 and when his mother went to enroll him in school for the next school year, 24 00:01:34,206 --> 00:01:36,720 she was told that because of his disability, 25 00:01:36,835 --> 00:01:39,674 he could not return to his neighborhood school. 26 00:01:39,912 --> 00:01:45,097 and instead would need to go to a segregated special education program 27 00:01:45,391 --> 00:01:47,849 because that's where students with disabilities went 28 00:01:47,980 --> 00:01:51,222 and his parents contacted us and we agreed to take the case 29 00:01:51,268 --> 00:01:53,649 because that discrimination of saying 30 00:01:53,744 --> 00:01:59,315 you couldn't be with your neighborhood peers was just fundamentally wrong 31 00:01:59,789 --> 00:02:02,835 and contrary to the very foundations 32 00:02:02,928 --> 00:02:05,821 of the Individuals with Disabilities Education Act 33 00:02:06,057 --> 00:02:09,241 so we represented him in he hearing, we went to court. 34 00:02:09,931 --> 00:02:14,015 When we went to court, I think one of the most important things to me, 35 00:02:14,151 --> 00:02:18,734 was numbers of his classmates and their parents came to court with us 36 00:02:18,885 --> 00:02:22,314 and the students, they're 1st and 2nd graders, 37 00:02:22,378 --> 00:02:25,627 um, clearly enjoyed being with Jeremy 38 00:02:25,770 --> 00:02:29,215 but also more importantly, talked to the news media that was there 39 00:02:29,259 --> 00:02:34,256 about how they couldn't understand why Jeremy couldn't attend school with them 40 00:02:34,475 --> 00:02:38,480 and how important it was that their friend be able to go to school 41 00:02:38,510 --> 00:02:43,534 and participate with them just like he had in the years before. 42 00:02:43,760 --> 00:02:48,070 So that case to me, just represented the fist opportunity 43 00:02:48,082 --> 00:02:51,707 to really challenge a discriminatory practice and ensure that Jeremy 44 00:02:51,957 --> 00:02:54,160 could attend his neighborhood school 45 00:02:54,270 --> 00:02:57,395 and be included with his friends. 46 00:02:57,504 --> 00:03:03,475 So I think the first "aha" moment of the ADA was our ability 47 00:03:03,627 --> 00:03:08,577 to use the ADA and to discuss the United States Supreme Court decision 48 00:03:08,746 --> 00:03:14,231 called the "Olmstead Case" which said that people with disabilities 49 00:03:14,388 --> 00:03:18,873 could not be unnecessarily segregated in institutions 50 00:03:19,181 --> 00:03:25,227 and one of the most powerful ways we use the ADA and that case holding 51 00:03:25,328 --> 00:03:28,021 was to challenge the budget cuts 52 00:03:28,402 --> 00:03:33,185 that were proposed when California was deep in an economic recession in 2008 53 00:03:33,221 --> 00:03:38,345 and 2009. The state made the decision that what it was going to do is 54 00:03:38,434 --> 00:03:42,519 significantly reduce community-based supports like the 55 00:03:42,571 --> 00:03:44,442 in-home supportive services program 56 00:03:44,683 --> 00:03:50,417 Umm and our lawyers in Disability Rights California 57 00:03:50,723 --> 00:03:57,090 decided that that violated the ADA and would result in people needing to move 58 00:03:57,191 --> 00:04:00,844 into institutions, contrary to the Olmstead Decision 59 00:04:00,986 --> 00:04:04,933 So twice we went into federal court. Twice we were successful 60 00:04:05,057 --> 00:04:11,950 with the court holding that the ADA prohibited the state from making decisions 61 00:04:12,038 --> 00:04:15,991 that would result in the unnecessary institutionalization of people. 62 00:04:15,991 --> 00:04:20,289 So the ADA is an extraordinarily powerful tool to 63 00:04:21,070 --> 00:04:27,412 protect people's civil rights and one that we need to continue to use today. 64 00:04:29,071 --> 00:04:34,801 So I think what we've learned um in the last few months is that 65 00:04:34,870 --> 00:04:41,568 there is always room for us to continue to use the ADA as a tool to push further 66 00:04:41,998 --> 00:04:46,705 and the pandemic really reminds us of the high risk 67 00:04:46,814 --> 00:04:51,067 that people with disabilities, particularly those living in segregated 68 00:04:51,282 --> 00:04:53,880 and isolated settings like nursing homes face. 69 00:04:55,753 --> 00:05:00,526 COVID, which disproportionately impacted nursing home residents 70 00:05:00,638 --> 00:05:04,989 and it's in part because of the congregate setting that they live in 71 00:05:05,059 --> 00:05:12,091 and the vulnerability of people with disabilities to this particular disease. 72 00:05:12,214 --> 00:05:17,620 And so as we think about reopening California and moving forward, 73 00:05:17,701 --> 00:05:22,679 we have to really remember the importance of the ADA in saying 74 00:05:22,772 --> 00:05:25,370 that people need to live in the community. 75 00:05:25,832 --> 00:05:27,355 They need to be included. 76 00:05:27,613 --> 00:05:31,404 We have to be mindful of how do we accommodate the needs of people with 77 00:05:31,491 --> 00:05:33,942 disabilities as part of our reopening. 78 00:05:34,149 --> 00:05:39,600 How do we redesign service systems so that we no longer think of nursing homes as 79 00:05:39,630 --> 00:05:45,830 a primary place where people with disabilities or seniors should be living 80 00:05:46,016 --> 00:05:51,921 How do we ensure that people with disabilities, when they are participating 81 00:05:52,022 --> 00:05:58,653 in activities of the day aren't placed in isolated day kinds of programs 82 00:05:58,782 --> 00:06:04,422 but instead given opportunities to interact in the larger community 83 00:06:04,545 --> 00:06:08,074 So lots of work in that area to be done. 84 00:06:08,472 --> 00:06:14,296 I think the other part that's important is to use this moment to 85 00:06:14,302 --> 00:06:17,968 engage in intersectional civil rights advocacy. 86 00:06:18,277 --> 00:06:25,249 There's lots of energy now to looking at issues of discrimination affecting 87 00:06:25,517 --> 00:06:29,094 black and brown people who are also more disproportionately impacted 88 00:06:29,227 --> 00:06:33,890 by the pandemic and to use this as an opportunity to come together as 89 00:06:34,003 --> 00:06:40,089 a larger civil rights community to advance inclusion, integration, 90 00:06:40,391 --> 00:06:45,172 nondiscrimination for all people including those with disabilities.