Full Promise of ADA Not Yet Reached
Former Attorney General Advises Vigilance
by Andy Vladimir
I met former U.S. Attorney General Janet Reno for our interview in
her place of choice the New York Deli in Miami, around the corner
from where she lives in the family homestead built by her mother,
Jane Wood. She arrived in her little red truck wearing a light blue
dress and little makeup. Id heard that she liked her meetings to
start on time so I arrived half an hour early. She was already there.
One of the most admired women of our time, Reno is a native Floridian
educated at Cornell University and Harvard Law School. The first woman
to be Attorney General of the United States, Reno held that office
from 1993 to 2001, the longest term of any attorney general since
William Wirt served from 1817 to 1829.
In 1995, Reno announced that she had Parkinsons disease. Her symptoms
remain controlled, and in 2001 she ran, unsuccessfully, for governor
of Florida. She now devotes her time to public service.
There arent a lot of politicians these days who give you straight
answers Reno always does. Ive always admired her well-earned reputation
for impeccable ethics and honesty. Yet I was a little intimidated,
too, because she has a reputation for being tough.
But the Janet Reno I sat down with was warm, personable, friendly
and completely open in short, immensely likable. After our interview,
she took the time to respond to my follow-up calls by faxing complete
answers to all my questions.
Throughout her career shes been known for her focus on the welfare
of children and troubled juveniles, and for fighting corruption, protecting
the environment, improving race relations and enforcing civil rights
laws. We were meeting, however, to talk about what the Americans with
Disabilities Act (ADA) had accomplished and where it had failed.
The ADA became law in 1990. Among its goals is to ensure equality
of opportunity and access to education, employment, housing and transportation
for all Americans with disabilities. I began by asking about the laws
effectiveness.
Vladimir: In general, has the ADA been successful?
Reno: The ADA has been successful in giving many
more Americans access to opportunities they never had before. But
more needs to be done to secure the full promise of the ADA.
Vladimir: Have the courts generally upheld the
principles of the ADA? In what ways have they failed to do so?
Reno: The 54 million Americans with disabilities
must make sure their voices are heard in the polls, in Congress, the
White House, legislatures, and city and county commissions to resist
efforts not to fully enforce the ADA, and to prevent any rollback
of its provisions.
Vladimir: Do you see positive change in public awareness
of the rights and abilities of people with disabilities? What areas
need improvement?
Reno: We must continue to educate all America in
what the law requires and how compliance can benefit the business
that provides access to its facilities, the employer who needs a skilled
worker, and the manufacturer who sees an increase in sales of a product
adapted to those with disabilities. Those with disabilities should
support such businesses.
We must do everything possible to let others know whats involved
in compliance and how it can be accomplished in a reasonable manner.
We must promote the use of assistive technology as part of health
care reform. We must emphasize prevention of disease or accidents
that give rise to disabilities. We must develop better community care
programs that will allow those with disabilities to function more
efficiently. Housing for the disabled is critically needed.
When we cant obtain voluntary enforcement by education or persuasion,
we must be prepared to enforce the ADA as vigorously as possible.
Vladimir: Have local and state governments done
their parts to ensure the rights guaranteed by the ADA?
Reno: Some local and state governments have done
a good job of recognizing how important it is to ensure and improve
rights under the ADA. But with budget crises facing most states and
lack of federal oversight in the employment area, advocates will have
to be constantly vigilant, and we will have to work with the state
to demonstrate that an investment up front in the self-sufficiency
of those with disabilities, and in prevention programs that prevent
the disability in the first place, will pay off in the long run.
Vladimir: What needs to be done to increase the
publics understanding of the value of the ADA?
Reno: Confusion and misunderstandings have arisen
because of the complexity of the regulations implementing the ADA,
which many business owners have labeled "terrifying." The
more we can work together to show all involved that the ADA requires
only reasonable efforts, the more the ADA will be accepted. In a time
of budget woes, advocates will have to work with those subject to
the ADA to use new technologies and creative means of compliance.
Vladimir: Whats the role of the government in
promoting rights and opportunities for people with disabilities? Whats
the role of organizations like MDA?
Reno: The government has a responsibility for helping
everyone to understand the ADA. The government must let people know
you can comply in a reasonable manner. If an advocacy group sees someone
violating the ADA, they must tell the government. The government then
has the responsibility of becoming the advocate after it sees the
law being broken.
Of course, MDA is best able to provide advocacy specific to neuromuscular
diseases that highlights gaps in compliance and creative solutions.
Vladimir: Have people with disabilities themselves
taken advantage of the opportunities provided through ADA and legislation
like the Work Incentives Improvement Act [which permits people with
disabilities to retain federal health insurance while working]?
Reno: I dont believe that those with disabilities
are fully informed about benefits available to them, and we need to
improve our efforts in this regard.
Vladimir: Finally, many people served by MDA tell
us they still find various obstacles when theyre looking for a job.
What can they do to sell employers on their abilities?
Reno: It has been my experience that those with
disabilities who have been able to secure employment have done so
much to demonstrate to their fellow employees, customers and employers
what able, dedicated employees they can be. The more we set examples
and network, the more doors will be opened to those seeking employment.
At the end of our meeting I asked Reno about her outlook toward life
today.
Her answer: "You may not be here tomorrow,
so do the best you can today and enjoy yourself!"