[Script Info]
Title: 
[Events]
Format: Layer, Start, End, Style, Name, MarginL, MarginR, MarginV, Effect, Text
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Hi,my name is Joseph Scamardo and I am an \Nassistant professor of philosophy
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and associate Director of the Institute in Public Affairs
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,at San Diego State University
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I specialized in philosophy of disability and\Nbioethics.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I also identify as disabled, I have a spinal cord injury as well as a rare kind of dwarfism
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So you get two for the price of one with me
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, my first memory of discrimination was, well, it's hard to say.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I have lots of memories as far as the experience of stigma
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,or bigotry, mostly around my dwarfism
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and so, you know I have lots of early memories
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,around that with children staring and laughing and that sort of thing
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,from a very young age.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Then as far as sort of a more systematic discrimination that sort of excluded me from something
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that I wanted to do,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I had a pretty good experience as a child,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,mostly because my parents really did a lot to make sure that I was included
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I can remember being in boy scouts and cub scouts when I was a kid
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and my father, really doing a lot with me
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,to ensure that the inclusion of my disability--
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,You know going on camping trips with me
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and sort of acting as a personal attendant
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,kinda thing to make sure that I was able
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,to go and participate,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and that sort of thing.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And so the first real experience
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,of exclusion that I can remember
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,happened when it was time
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,to go to high school.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I had gone to the public schools in my town
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,in my town up until the 8th grade
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and then when it came to high school,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I was supposed to go to the same
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,private religiously oriented school
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that my older siblings went to
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and I took the entrance exam and
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,even got a small scholarship to go and everything,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,but it didn't have an elevator,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and so I used a motorized scooter
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,to get around, and it was
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,going to be impossible for me to
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,attend that school, because there was no
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,elevator. Now this was actually
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,after the passage of the ADA,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,but because it was
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,a religiously oriented school,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,it was exempt from the requirements
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,of the ADA.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And so, I didn't have any leverage with
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that law.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,To be able to get them
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,to make accommodations for me
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,so I ended up going to the public school
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,in my town, which actually, personally,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I was pretty happy about anyway,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,because that's where all my friends
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,were going.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,But it still sort of clued me into the fact that
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,not everything is accessible,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,not everything is designed for me and that
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,this was going to be something
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I was gonna have to figure out throughout
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,my life.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,As far as
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,remembering the ADA and its ()
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and that sort of thing,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I was pretty young when it was passed,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I was sometimes referred to as part of the
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,ADA generation, which means that
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I grew up with the ADA mostly,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I was born in 1982,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,so I was 8 or 9 years old when the ADA
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,passed,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and so I didn't really have
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,any kind of recollection of, "Aha!"
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,That's--Of the moment that it passed.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And the recall of where I was at the time
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,or anything like this,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,but I do remember my father explaining
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,it to me, around the time of my
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,start of high school.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,When I experienced this with that
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,private catholic school, and having that
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,sort of systematic discrimination experience
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,It explained that public schools,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and other kinds of public places
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,were accessible to me because of the ADA
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and that there was this law that said
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that things had to be accessible to people
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,who use wheelchairs, and people who use
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,motorized scooters like I did at the time.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And so, that was my first awareness
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,of the ADA, as well as my first awareness
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,of discrimination, which is kind of cool,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I think?
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Because it was neat to have
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that experience of,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,"Okay, well, this is something that's\Ngoing to be a challenge for you,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and here's how you're protected,\Nand here's how you can do something
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,about it." \NAnd so in a way, it was this sort of,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,my awakening into advocacy as well.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, as far as the difference that the \NADA has made in my life,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,or the life of others, \NI think that it's been, of course
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,an incredibly important law that has \Nopened up all sorts of opportunities
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,for people, everything from public \Ntransportation, to be able to move around
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,in your community, the homestead decision\Nis based on ADA, which says that people
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,need to be--when they need any kind of \N() from care,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,they need to be served in the least \Nrestrictive environment, meaning that
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,you can't just institutionalize or\Nwarehouse somebody because it's more
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,convenient for you, you need to make sure\Nthat they're able to live in the community
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,or somewhere that is going to be best \Nfor them.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,What else do the ADA do?\NJust the ability to get an education,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,the ability to get a job, all of these\Nthings, for me and for others,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,were sort of caused by the ADA and I can't\Nreally imagine what it was like
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,prior to the ADA, honestly.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I mean, I can imagine it I guess, but \NI'm sure glad that I didn't have to
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,experience it.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,The ADA makes a difference in a wide range\Nof personal experiences
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and also a wide range of \Ndisability politics issues.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, my personal experience that I think \Nmost recently has been impacted by the ADA
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,has been my ability to live an \Nindependent life with my two kids.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I think prior to the ADA, it would've \Nbeen much harder to do that.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Raising kids means that I have to go into\Nlots of different public spaces and do
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,different things that I might not have\Nbeen 'required' to do, if you will,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,professionally, or just sort of\Nin everyday life, if I didn't have them.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So going to the zoo, or going to the\Ngrocery store, for that last minute item
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,or you know, just whatever it might be, \NI think that, you know--
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,opening up the daycare centers, and so on\Nand so forth.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,The ADA sort of opened all of that up to\Nme, as a wheelchair user
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and so, that's where it's made a big \Npersonal impact in my life recently.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, I think that the one thing that \NI can sort of speak to, professionally,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,about the ADA and its impact or \Nlack of impact is probably, two-fold:
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,One, is the ways in which my privilege \Nas a physically disabled--
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,there's a disability hierarchy of course,\Nand so physical disability
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,is usually at the top of that hierarchy, \Nwith psychiatric disabilities
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and intellectual developmental \Ndisabilities,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,sort of lower down on the hierarchy.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And so, as a physically disabled, \Ncisgender, heterosexual white guy,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I've benefited a lot more from the ADA \Nthan lots of other people that don't have
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,those kinds of privileges.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I think for instance about how the ADA \Nis designed, really
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,to promote what you'd think of \Nas equality of opportunity,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,meaning that everybody has an equal \Nopportunity to compete within the economic
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,life of the United States, and so, \Nit allows you to enter into the workforce,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and enter into the educational system, \Nand so on and so forth
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,then compete.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,But what it doesn't do is it doesn't\Naddress any of the other advantages
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,or disadvantages that intersect with \Nableism. So that's sort of something
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that is I think, a real problem, with \Nthe ADA.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I'm a well-educated person, I have a \Nmaster's degree and a Ph.D.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and that, I don't think would've been \Navailable to me as easily as it was
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,if I didn't have these other privileges \Nthat I do have,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that the ADA doesn't do anything\Nto address, it just sort of treats
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,all disabled people as if they were \Nthe same, and as if the only thing
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,they have to deal with is structural \Nableism, and that's just not true, right?
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I think another thing about ()\Nthat the ADA doesn't address
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,is economics, in that, I think that \Ndespite the ability to compete,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,a lot of disabled people still live in\Nextreme poverty, because of other
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,things that make it impossible for them \Nto compete,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,other than just their disability.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And so, the real sad part to me about that\Nis you look at other systems
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that are designed to help disabled people \Nget out of poverty,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and even they don't recognize the way that\Nprivilege operates in these contexts.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, for instance, \Nthe vocational rehab system.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I've benefited greatly from the vocational \Nrehab system so I don't want to just
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,sit here and talk smack on it, right?
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,The vocational rehab system has helped me \Nget a van that I could drive,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,so I could get back and forth from
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,my place of employment, from school,\Nwhich was huge, right?
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,But the only reason why I had access\Nto that van was:
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,A. Because I could afford the van itself,\Nwhich not a lot of disabled people can do,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,especially if they don't ()\Nand
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,B. Because the vocary head councilor\Nthought
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that I was worth the investment right?
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Someone who didn't have the advantages\Nthat I had, as far as the kind of disability
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that I have, my family's resources and my \Nskin color and all those things,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,it's very likely that the rehab councilor\Nwould've said, "You can take the bus,"
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,right? "We're not going to invest all of\Nthis money into helping
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,you learn how to drive."
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Because they wouldn't have believed that\Nthey would get this return on their investment
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that the person would be able to get\Na well paying job,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and so on and so forth, \Nand so, I think that that's also
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,a big issue that the ADA doesn't address,\Nis this kind of intersectionality
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that gives some disabled people \Nadvantages within even the system
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that is designed to help them, and other\Npeople, of course, disadvantages, which is
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,a real issue.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, as far as my area of expertise, \NBioethics, there's definitely been some
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,ways in which the ADA has helped greatly,\Nand other ways
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,in which it hasn't really done much.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So I'll start with the positivity, right?\NWe'll start with the good news.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,One way in which I think, I can point point\Nto in a very concrete way in which the ADA has helped,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,is when it comes to healthcare rationing.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,The issue of healthcare in the United \NStates of course is a very hot button topic
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and it's hot because there is a perceived\Nlack of resources--There's more need
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,than there is supply for healthcare.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And so, when we talk about expanding \Nhealthcare to a larger number of people,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,without also expanding the resources that\Nare being devoted to healthcare,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,then that's gonna be a real problem, \Nbecause some people aren't going to get
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,as much as they need, right?
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,You're going to have to sort of budget it,\Nif you will.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Or in the terms of bioethics, \Nration healthcare.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now this proved to be an issue because
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,when it was done on smaller scale, \Nfor instance the state of Oregon,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,after the passage of the ADA--\NI'm not sure exactly on the timeline,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I'm not a historian--but the state of\NOregon expanded their publicly provided
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,healthcare to a larger number of people,\Nand as they did that, they needed to
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,make sure that they had a way of\Nprioritizing what was covered
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and what was not covered.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And so, as they did this,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,it became apparent that a lot of \Ndisabled people
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,were being rationed out of \Nthe healthcare system.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,That a lot of things were not being \Ncovered for disabled folks
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that should be.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And so, there was a series of lawsuits \Nthat were brought against
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,the state of Oregon, that basically\Nsaid that, "You couldn't discriminate
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,against disabled people and not \Nprovide them with healthcare,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,based on their disability."
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,That you couldn't sort of say,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,"Well, this person isn't going to get \Nvery much bang for their buck,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,they're not gonna end up being healthy\Nanyway, 'cause they're still going
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,to be disabled, so we're not going to give\Nthem this treatment option."
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Right? And so that was a big win \Nwithin bioethics
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that was a direct result of the ADA.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,More recently, \Nwe've had a similar thing pop up
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,because of the COVID-19 pandemic.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Specifically, there are what are called\N"Emergency Healthcare Protocols"
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that are being developed for hospital \Nsystems and states that anticipate
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,needing more intensive care unit beds,\Nventilators and so on and so forth,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that aren't actually available.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And so we need some way of figuring out \Nwho gets the ventilator,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,who gets the Intensive Care Unit bed,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and so on and so forth, \Nas the pandemic increases and goes on.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And so there were some \Nprotocols that were developed
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that were very discriminatory \Nagainst disabled people.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,There was one in Alabama specifically,\Nthat said that anybody
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,with an intellectual disability \Nor with dementia was going to be
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,deprioritized from getting these \Nlife-saving resources if they got COVID-19.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And there was one in Washington state, \Nthat was pretty discriminatory against
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,disabled folks that said that \Nif you had a disability
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that meant that even after treatment \Nyou are still going to be disabled,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that you would be deprioritized from \Ngetting the life-saving, life support
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,treatment for COVID-19.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So there was a variety of these all over\Nthe United States
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that were really problematic and \Nthat explicitly were discriminating
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,against disabled people when it came to \Ngetting treatment for COVID
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and so in response, there were some folks\Nfrom protection and advocacy agencies,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,which are sort of these--\NDisability Rights California is one,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and each state has protection and advocacy\Nagencies that are federally funded,
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,non-profit law firms that protect the \Nrights of disabled people and so they
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,sued these states and these hospital \Nsystems and got the federal government to
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,provide guidelines for treatment ration \Nprotocols that basically say
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that you can't discriminate against \Ndisabled people in this way.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,That the only time that you can withhold\Ntreatment for COVID-19 is if there is
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,sort of a very clear way in which the \Ndisability means that person would not
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,benefit from the treatment, that, you know\Nthey have the kind of disability
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that would make it very, very unlikely\Nthat they would survive the virus
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,even with some kind of ventilator or\Nintensive care situation.
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And so, that's of course very different\Nbecause something like needing
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,an assistive device like a wheelchair or\Nneeding help dressing and bathing
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,or having these () that would've meant \Nthat people would be rationed out
Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,of these protocols,