                                REMARKS OF
                             DEVAL L. PATRICK
                        ASSISTANT ATTORNEY GENERAL

               DISABILITY RIGHTS EDUCATION AND DEFENSE FUND
                         SAN FRANCISCO, CALIFORNIA
                             NOVEMBER 10, 1994

     Thank you Arlene for that generous introduction.  I take it
warmly, but with a grain of salt. I say to you, as I do to many
audiences, that I hope someday to be worthy of such compliments.

     I am honored to be here with so many of you who have played
such a pivotal role in the Disability Rights Movement -- the
DREDF Board and staff who have worked tirelessly over the past
fifteen years to secure civil rights protections for all persons
with disabilities. 

     I am pleased that Paul Hearne is here today, whom I met at
DREDF's ADA Celebration in Washington. Before I met Paul, I was
told that he embodies the heart and humor of the disability
community, and now having met him I understand all the accolades.

     I would also like to acknowledge Rachel Holland and her
parents Kim Connor and Robert Holland for their tenacity and
willingness to fight for her rights so that *all* children who
follow her will benefit from inclusion in public schools.

     It is a distinct privilege to be here with Ralph Neas -- who
is revered, and whom I revere, for his leadership of the largest
coalition of civil rights organizations in America -- and who so
deserves the recognition and tribute he has received today.  Many
of the gains the disability rights movement has made over the
past fifteen years have been because of his leadership and vision
in understanding that disability rights are truly civil rights
issues. Indeed, his combination of insight, tenacity and
shrewdness has been a great source of strength for all of us in
bright and dark times alike.  His leadership will be missed; but
I know we can always depend on his friendship.

     Since assuming my post, I have learned a lot about the
disability rights movement. I have come to see the similarities
between the struggle facing Americans with disabilities and the
struggle African Americans and other minorities face.  I have
come to see the importance of ending talk about pity, and
starting to talk about right and wrong.  I have come to see that
the fight you wage for disability rights is but a further,
necessary step in the movement for civil rights for all
Americans.  That movement is based on the fundamental principles
of our Nation's creed: equality, opportunity and fair play -- on
the commitment that each and every person should have an equal,
integrated opportunity to participate fully in all aspects of our
political, economic, social and cultural life. I have a lot to
learn yet -- but I have learned that much.

     In the past fifteen years, we have made enormous progress in
this country in assuring that shared American aspirations become
a reality for 49 million citizens with disabilities.  Thanks to
you, the laws now reflect the understanding that protecting the
rights of persons with disabilities is an indispensable part of
our great national commitment to eliminating discrimination
against all Americans.  Thanks to you people with disabilities
now have the *right* to live and work and play side by side with
their fellow citizens.

     These laws -- particularly the Fair Housing Amendments Act
and the Americans with Disabilities Act -- embody our Nation's
highest principles, but they do much more.  They have made a
tangible difference in the lives of persons with disabilities. 
These days in some corners some ask whether civil rights laws of
any kind are really necessary or worth the trouble.  But all you
have to do is look at the lives disability rights laws have
touched, and you'll see just how important these laws are.  Ask a
deaf person who can use a TDD relay service to call a family
member whether our civil rights laws matter.  Ask a person with
mental retardation who lives in a group home instead of an
institution whether our civil rights laws matter.  Ask a person
who uses a wheelchair and is finally able to attend a town
meeting in his local city hall whether our civil rights laws
matter.  Or ask a hard-of-hearing grandmother who for the first
time could enjoy her grandchild's school play whether these laws
matter.

     There are thousands of stories like these, and they
demonstrate the enormous progress we have made in improving the
lives of persons with disabilities.  They demonstrate what you
wrought when you demanded no more than other Americans; and made
clear you would accept no less.

     But it is also true that there are many persons with
disabilities whose lives are not yet touched by these laws.
Despite our progress, I believe the disability rights movement is
still confronting the same essential challenge it faced fifteen
years ago.  Many Americans still don't *see* discriminatory
barriers -- whether they are based on architecture or attitudes. 
Many Americans *still* remained trapped by society's stereotypes
about disability.  Many Americans still think the barriers faced
by people with disabilities stem from their disabilities -- and
not from what we as a society have erected.  

     Too many fail to appreciate the essence of discrimination
that people with disabilities face in their daily lives.  A well
known author asks on national television why a ramp is needed at
the front of a post office, when one is available at the back
service entrance.  A major newspaper's editorials question why
Little League "has to allow a man in a wheelchair to coach at
third base, despite the 'danger' to any player who might slide
into him"; or why a public skating rink "has to allow a girl in a
steel walker to skate" or why a private school had to build a
ramp for a relative of a student to attend a school ceremony.

     Some see disability rights laws as an entitlement -- or a
special benefit -- that the government provides "to take care of"
persons with disabilities, because they are incapable of taking
care of themselves -- incapable of living or working
independently.

     Others see disability rights only in terms of cost, causing
hysteria in the business community and stirring claims by some
municipalities of "unfunded mandates."  One candidate for the
United States Senate in Tuesday's election even called the ADA
"fanatical."

      The Clinton Administration has one message to those who
fail to appreciate the essence of civil rights laws like the ADA: 
we don't put a price tag on equal opportunity in this country,
any more than we do on the value of faith, loyalty or courage. 
And we will enforce the laws which promote equal opportunity for
all.  It's as simple as that.

     The diatribes against the ADA are sometimes about backlash
-- or media hype.  Sometimes they create controversy and distort
the truth.  Sometimes, though, the criticism stems from a simple
failure to understand what is at issue here -- a failure to
accept the harsh reality that discrimination on the basis of
disability is all too pervasive in this country.  

     The promise of the ADA -- and all other disability rights
laws enacted over the past fifteen years -- will never be
realized until we respond, vocally and visibly, to this
challenge.  We must work to assure that all Americans fully
comprehend that it is wrong to exclude anyone from full
participation in society simply because of a disability -- just
as wrong as it is to exclude someone because of race, or ethnic
origin, or gender, or religion.  These are the terms on which all
Americans must learn to speak and act on the subject of
disability rights.  We must learn to treat disability rights just
like all other civil rights -- not because it makes for stronger
rhetoric -- but because we will never face up to the essence of
the challenge until we do.

     In the Civil Rights Division we are trying to meet this
challenge at its core.  We have been very active in bringing Fair
Housing Act cases designed to protect the rights of persons with
disabilities to live in group homes.  Our lawsuits have protected
the housing rights of persons with mental retardation, head
injuries, AIDS, mental illness and recovering alcoholics and
substance abusers.

     Our ADA investigations and lawsuits target the very essence
of discrimination.  We are focusing on issues that are
*fundamental* in the lives of people with disabilities -- issues
of exclusion, failure to provide effective communication and
failure to remove basic architectural barriers.  We recently
reached an agreement with the City of Philadelphia resolving a
complaint that the City's emergency medical technicians (EMTs)
had refused to assist an individual when they learned he had HIV. 
In addition to compensating the individual, the city developed a
mandatory training program on universal precautions and AIDS
sensitivity for all EMTs and firefighters.  We will be
disseminating this program to cities across the country. 

     Under a similar agreement, the City of Los Angeles agreed to
make its 9-1-1 emergency telephone services accessible to persons
who are deaf, hard-of-hearing or have speech impairments.  Access
to emergency services is quite literally a life-or-death matter. 
We are committed to ensuring that *no one* is denied access to
these services because of a disability.  To that end, I have
personally written the mayors of this country's 250 largest
cities urging them to review their systems to ensure they are
fully accessible.

     We have also begun to shatter stereotypes and practices that
have historically singled out persons with disabilities for
unfair treatment.  Through amicus participation in several cases
we have challenged overly broad inquiries into psychological
history on applications for medical licensing and bar admission
in three states.  The ripple effect of these efforts has been
widespread -- many states, including Minnesota, Maine, Hawaii,
Arizona and New Mexico, have already changed their policies and
others have requested technical assistance to insure that their
licensing forms are non-discriminatory.  We have also challenged
the belief that wheelchair users seated somewhere other than in
the last row of an existing theater are a "direct threat" to the
safety of others in the event of an emergency.

     Our fight against irrational fears and prejudices has also
led us to bring lawsuits against dentists for refusing to treat
patients who are HIV positive.  There is simply no medical
justification for dentists or other health care providers to
refuse to treat people with HIV or AIDS.  One case, involving a
large chain of dental offices in Houston, resulted in a
substantial settlement -- including both compensatory damages and
civil penalties.

     We have also begun to break some of the barriers to full
participation in our civic society.  We have opened gateways to
educational and professional opportunity for thousands of
students with disabilities as a result of our agreements with the
Educational Testing Service and the College (Entrance
Examination) Board, the Becker CPA Review and Bar/Bri (the
nation's largest preparatory courses for individuals studying for
the CPA and bar exams).

     And our efforts have created access to the basic acts of
citizenship which most Americans take for granted -- like getting
into City Hall, or serving on a jury.  Many in the business
community have begun to open their doors voluntarily as well.
     
     We have also learned from our investigations that businesses
and local governments often will comply voluntarily, once they
learn in plain terms what the law requires.  So, we have mounted
an extensive national public education campaign to inform
businesses and local governments about their responsibilities
under the ADA.  Attorney General Reno has filmed public service
announcements for radio and television which focus on the
barriers people with disabilities encounter in their daily lives
-- like "getting in the door."  These announcements underscore
the basic truth that underlies all of our enforcement strategies
-- that the ADA is a *civil rights* law.

     We have also developed extensive "ADA Information Files",
containing over thirty technical assistance documents.  We have
mailed these Files to 15,000 public libraries and over 5,000
Chambers of Commerce across the Country.

     This week I sent a personal letter and a comprehensive
technical assistance package to over 1,000 mayors, reminding them
of their obligations to make their programs and activities
accessible to persons with disabilities.

     We have translated our technical assistance documents into
Spanish and soon will have materials available in several Asian
languages as well.  And we have expanded our ADA Information Line
and are responding to thousands of inquiries by businesses,
governments and architects each month.  Ignorance of the law or
lack of technical assistance are no longer acceptable excuses for
non-compliance.

     There are thousands of local governments and businesses
across America who see the ADA as an opportunity, not a burden.
They realize that opening their doors will enhance, not harm,
their enterprises by opening previously underserved markets.  To
those entities, whether their voluntary compliance stems from
seeing the business opportunity or seeing the simple justice, we
commend them.  They are examples of good corporate behavior and
they should be supported.  But there are others who have
responded with outright hostility, whether to outreach efforts
from the Department and or by entreaties from the disability
community.  Some have adopted a "wait and see" attitude and
questioned whether we are serious about enforcement.  The answer
to that question is simple:  we have and we will use *all* of the
enforcement tools the law provides -- including civil penalties
and compensatory damages -- to obtain compliance.  We have to
create an expectation of disappointment for anyone who expects us
to allow violations of the law to continue.

     This week we will be announcing the settlement of a lawsuit
the Department filed against a small Denver restaurant which had
altered its facility in a way that made it *less* accessible to
individuals with disabilities.  In addition to correcting the
violation and compensating the complainants, the restaurant will
pay civil penalties to the United States and host an ADA training
session for other Denver restaurants. 

     I have authorized lawsuits against other businesses across
the country, some of which are small entities, who have resisted
efforts to achieve voluntary compliance.  I hope this litigation
will be unnecessary -- and that these businesses and thousands of
others will heed Attorney General Reno's advice to spend their
resources on "access, not attorney's fees."

     But if these businesses do not comply with the law, we will
be there to make them comply.  We will be there with the broadest
enforcement program possible.  We will be there with a commitment
to eliminating barriers of *all* types -- attitudinal,
architectural, or communications -- that prevent persons with
disabilities from joining the mainstream of American life.

     Yet, no matter how aggressive our enforcement program is, we
can end discrimination against people with disabilities only when
we understand that the struggle for disability rights is part of
a broader American struggle.  We must understand that a victory
for disability rights is a victory for the broad principle that
*no* American should face invidious barriers to participation in
our society.  And we must understand that the converse is true: 
a victory for the civil rights of any other group is a victory
for the principle that drives us to prohibit discrimination
against persons with disabilities.

     In short, we must invest in each other's civil rights. 
DREDF, as a leader of the disability community, knows this as
well as anyone.

     The ADA became law because you and your colleagues invested
in each other's struggle.  You made Congress and the American
public realize that discrimination is an experience that *all*
people with disabilities share --- whether one uses a wheelchair,
is blind, deaf, has HIV, or is a person with mental retardation
or mental illness.  Your commitment was tested by those who
wanted to exclude specific groups -- people with HIV or mental
illness -- but you remained committed in your resolve to protect
each other.  And you won.  You must continue to fight for each
other.  And you must commit to fight for all others who face
discrimination, just as they must see their struggle in yours,
and stand up for you. We have to begin to see it in these terms.

     So when a wheelchair user speaks up for access to his Town
Hall, he speaks up for *all* of us.  When a deaf person stands up
for access to 911 emergency services, she stands up for *all* of
us.  When an African American stands up for the right to equal
educational opportunity, he stands up for *all* of us.  When a
Latina stands up for the right to elect the candidate of her
choice, she stands up for *all* of us.  When a Jew stands up
against those who vandalize his place of worship, he stands up
for *all* of us.  We *all* have a stake in the struggle for
equality, opportunity and fair play.

     For civil rights is not about deciding who gets the spoils.
It is about reclaiming our fundamental values and aspirations as
a Nation.  It is about making a commitment of conscience -- a
commitment that every person in our society should have a truly
equal opportunity.

     It is not easy to keep this commitment.  The sacrifices are
often great, the choices are often difficult, and it sometimes
seems that too little ever comes of the struggle.  But keep it we
must.  As you in the disability rights community well know,
tangible, positive results follow when we insist that our Nation
adhere to its highest ideals and we resist the enticement to
dissolve into mutually isolated and mutually distrustful groups. 
We must continue to adhere to these principles.  For if we don't,
we will surely perish.  And the Nation our forebears imagined --
and have entrusted now to us -- will never come to pass.  We must
stick together in this struggle:  not simply because it is
politically correct, but because it is morally correct.

     This is a defining point in history: our young people are
increasingly alienated from civic society, and too many of the
rest of us have let cynicism and selfishness define our lives. 
But I believe in America still.  And so must you.  Diverse a
people as we are and have always been -- we are still *one*
Nation, *one* people, with *one* common destiny.  And each of us
is diminished when any one -- on account of a happenstance of
birth or chance -- experiences anything less than the full
measure of his or her dignity and privilege as a human being and
an American.

     Facing similar challenges at a different time, Dr. King said
that "the road ahead is not altogether a smooth one.  There are
no broad highways to lead us easily and inevitably to quick
solutions.  [But] we must keep going."

     To DREDF, to the Nation, I say keep going.

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