At the Bilerco Project, Nadine Smith reminds us of the time that disability rights activists were asked to throw a small group under the bus, and chose not to:
Years ago I heard Tim McFeeley, then Executive Director of HRC, tell the story of how the passage of the Americans with Disabilities Act was almost halted by the disability community leaders themselves.
In 1990, the landmark measure had passed the House and the Senate with bipartisan majorities and was on its way to then President George H. W. Bush who had already firmly committed to signing the bill. But disability community leaders, many of whom had spent decades fighting for this historic legislation were not happy. In the final moments, both chambers had suddenly amended the ADA to specifically exclude HIV positive waiters, cooks and anyone designated a “food-handler”.
With passage utterly assured, Rep. Joe Barton and the National Restaurant Association might have thought that the last minute exclusion of HIV positive workers would be no big deal. Perhaps they thought exploiting the public’s fear of AIDS and ignorance about how HIV is transmitted, would be treated as a minor issue effecting a tiny population. They were wrong.
Before the bill reached Bush’s desk, Patrisha Wright, the leader of the coalition fighting for passage of the Americans with Disabilities Act, asked Tim to represent HRC in a delegation of disability leaders scheduled to meet the next morning at the White House. The only purpose of the meeting was to demand that the food handler amendment be removed from the bill.
They gathered in the Roosevelt Room at the White House with C. Boyden Gray, Counsel to the President and Tim described his amazement as disability community leaders unwaveringly demanded that the bill cover people with HIV equally.
“One of those leaders, Bob Williams, a man afflicted with cerebral palsy and who later became Commissioner of the Administration on Developmental Disabilities in the Clinton Administration, using a spell board because he could not speak, communicated the message that the disability community would rather have no ADA than an ADA that excluded people with HIV.
“I think no one would have blamed these ADA leaders if they had accepted the food handlers’ exclusion. But that’s not what happened. I will never forget their principled stand in solidarity with this small segment of HIV+ workers. So much was at stake for them. The White House was not responsive to their position, but we were able to reverse the House and Senate votes by stripping the amendment out in conference. As a result, HIV positive workers who handle food are covered by the ADA to this day.”
Despite what you might hear, it’s not an act of courage to compromise to the bigots. It’s not the way that a principled civil rights movement lays the groundwork for equal rights. “Incremental” approaches — we’ll pick up the unpopular people later, alone — don’t magically transform into equality.
Sometimes you need to draw a line in the sand. Otherwise, what are we fighting for, if not our principles?