The American Council of the Blind awarded the Washington Lawyers’ Committee for Civil Rights and Urban Affairs with its President’s Award at its annual convention in St. Louis, Missouri. The award was given to recognize the partnership between ACB and the Committee. The Committee is extremely humbled by the award and grateful for the partnership. Jonathan Smith’s remarks upon receiving the award are below.
Thank you to the American Council of the Blind for this tremendous award. It is especially meaningful to us at the Washington Lawyers’ Committee to receive a “partnership award.” The ACB is a truly valued partner and we are honored to be able to join with you to work for justice for the blind and low vision community.
While I am proud to accept this award on behalf of the Committee, I have here with me this morning two colleagues who did the work for which this honor is being given – Deepa Goraya and Matthew Handley.
The Washington Lawyers’ Committee is 50 years old this year. We are taking this anniversary as an opportunity to pause and look back at our history as we plan for the future.
As we assess our past, several themes jump out. One of which is the critical role of the civil rights struggle for persons with disabilities. Just over 25 years ago, the Americans with Disabilities Act embodied in law fundamental principles of equality. The Washington Lawyers’ Committee immediately founded a disability rights project. But we soon learned that disability touches every aspect of our work.
We have partnered closely with ACB to make accessible public accommodations, the digital economy and employment to persons who are blind.
But disability rights effects every aspect of our work. We have cases to protect the rights of persons with disability on our dockets related to housing, education, police accountability, prisoners’ rights and immigration. Disability discrimination intersects with economic inequality and exacerbates racial injustice. We have been privileged to work at the critical intersection of these issues.
When he signed the Americans with Disabilities Act, President George Bush issued a signing statement that ended with the following words:
The Americans with Disabilities Act presents us all with an historic opportunity. It signals the end to the unjustified segregation and exclusion of persons with disabilities from the mainstream of American life. As the Declaration of Independence has been a beacon for people all over the world seeking freedom, it is my hope that the Americans with Disabilities Act will likewise come to be a model for the choices and opportunities of future generations around the world.
The ADA has achieved much, but this promise remains unfulfilled. Far too many people with disabilities are excluded from the economy and isolated by discrimination. The blind community continues to face discrimination and prejudice and our partnership with you, to achieve the ideals described by president Bush remains as vital today as it has ever been.
We recognize that our victories in the Courtroom are only possible because there have been courageous people willing to step forward and lead these battles. The American Council of the Blind and its membership, has for years been willing to take that step forward, and has been one of the Committee’s most cherished clients and strongest allies.
Civil rights challenges are not static and new forms of discrimination emerge with frequency.
This is especially true for the blind and visually impaired. New and previously absent barriers to accessibility arise as we become increasingly dependent on technology.
Technology should make accessibility easier, simpler and cheaper but far too often it becomes a barrier. We continue to see inaccessible smartphone apps, automated kiosks, online courses and, medical devices.
When government or companies fail to consider whether new technologies are accessible to persons with disabilities the resulting products serve only to isolate and exclude many persons with a disability.
It has been our privilege to advocate on behalf of ACB and its membership to tear down these barriers. The last 5 years in particular have seen the relationship between the Washington Lawyers’ Committee and ACB strengthen and flourish, as we have jointly set about bringing new legal solutions to 21st Century accessibility issues.
The range of issues in just these last five years that the Washington Lawyers’ Committee has tackled with ACB and its membership is staggering. It highlights the continuing need for advocacy, and in some instances, litigation in order to fulfill the promise of equal access. Among the issues the Washington Lawyers’ Committee has addressed with ACB in the last five years are:
We have guaranteed that the US General Services Administration (GSA) provides an accessible web-based platform for the hundreds of blind and visually impaired government contractors across the country who must use the system to register and maintain their contracts with the US government.
Ensured that DC area taxicabs and other ride-sharing companies accept riders with service animals.
Worked through the Federal Communications Commission to ensure that mainstream computer operating system developers, leading phone providers and web-conferencing services offer products and software that are accessible.
Made Barbri, the leading bar review preparation course accessible to blind and visually impaired law students. BarBri is used by well over 90% of bar exam takers, making it an essential gateway to the profession.
Secured settlements with hospitals to make touch-screen kiosks accessible to blind and visually impaired patients, as well as ensure that all documents are provided in accessible formats.
These are only a portion of the cases we have brought to ensure access to the digital economy and to public accommodations.
You will likely see a theme here. Almost all of the accessibility barriers addressed in recent years are the products of advances in technology outpacing considerations of accessibility.
What may be less obvious is how the results we have achieved on behalf of ACB are as much the product of the efforts of ACB and its membership as they are the product of the legal advocacy we have provided.
For example, the success we have had before the FCC has only been possible because of ACB’s tireless advocacy in support of passage of the very law we now enforce. ACB crafted the tool that we as lawyers are now able to use to bring accessibility to communications and video devices.
Similarly, our success in ensuring that DC-area taxi companies accept service animals grew out of a sophisticated testing operation led by your Executive Director Eric Bridges and your former Executive Director Melanie Brunson, who personally documented hours of the frustration faced by persons with service animals who were consistently passed over by hailed taxis.
Indeed, in each of the matters with which we have worked with ACB, the cases and the solutions are driven by ACB’s membership. You have been indefatigable advocates for the right to a just and equal society — enduring depositions, hearings, mediations and what I am sure are overly long calls and meetings with us.
These successes are critical, but clearly not enough. Our partnership remains essential. We are excited to continue to join our efforts on the important issues that have animated our partnership. But hope as well we can expand that work to fight discrimination in access to employment and education, discrimination in government services and courts and the dual discrimination of race and disability.
Civil rights are under attack, including disability rights. Your efforts will ensure that there is no turning back of the clock and that forward progress is maintained. We stand together in that struggle.
We take great pride in having ACB and its officers, staff and membership as clients, colleagues and friends. We are particularly honored to receive this award and look forward to continuing the partnership ahead.