Americans With Disabilities Act at 30

Image by pixabay.com/users/renma-3345397/

Image by pixabay.com/users/renma-3345397/

Legend has it that a radical group of young disabled activists, known as the Rolling Quads, took to the streets of Berkeley, California, in the early 1970s to create, alongside their attendants, cut curb access for wheelchairs. They smashed existing curbs with sledgehammers and poured concrete ramps to create DIY cutaways on heavily traveled street corners in and around the UC Berkeley campus. Like all good legends, the details of the story are part fact and part fiction -- the myth of midnight commandos wielding hammers and concrete is probably a bit exaggerated -- but the folklore surrounding this spirited group of determined activists only helps solidify their reputation today as pioneers in the civil rights movement for people with disabilities.

Catalysts like the Rolling Quads (which included Ed Roberts and Hale Zukas) and many other disability rights advocates fought for legislation throughout the 1960s and 1970s that would protect the interests of people with disabilities in achieving equality, opportunity, justice, and inclusion. The efforts of these determined individuals led ultimately to the passage on the Americans with Disabilities Act on July 26, 1990.

Sunday marks the 30th anniversary of the signing of the Act, and in recognition of the occasion, the Harris County Law Library is providing a list of recommended resources that explore the history of disability rights in this country, the impact of the ADA during its first 30 years, and the ongoing role it plays in ensuring equal access for all people. Additional links of interest are included at the end.  

HISTORY

FUTURE

VOICES

  • Demystifying Disability – Call Your Girlfriend (Podcast)

    • Two writers who also both have physical disabilities describe the planning and preparation in their daily lives and provide resources for people without disabilities who want to learn more and grow as allies and friends.

  • After 30 Years, How Has The ADA Helped You? – NPR

    • Morning Edition wants to collect stories from people within the disability community about how the legislation has impacted their lives — however generally or specifically. Stories could be used on air or online.

Texas Supreme Court Rules on Bar Admission in Time of Covid

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If you are now, or have ever been, a licensed attorney, then you probably have a hazy constellation of bar exam memories seared into your brain. While each state handles its aspiring practitioners in different ways, for many lawyers nationwide the experience included being herded into a massive space packed with folding tables, borderline elbow-to-elbow with hundreds of other emotionally-exhausted recent graduates fueled by a summer’s worth of coffee and pizza, under the watchful eyes of a battalion of retiree proctors. Is it possible to replicate this special rite of passage in the time of Covid? The Texas Supreme Court, which ultimately controls the method of bar admission state-wide, decided on Friday it is not currently feasible to do so.

Some states, such as Washington and Utah, have decided to temporarily waive bar exam requirements for prospective attorneys who meet certain qualifications, like holding a JD from an ABA accredited school, or who fulfill a certain number of hours of supervised legal work. Here in Texas, law school deans, students, and prominent attorneys around the state, called for the state Supreme Court to similarly implement a “diploma privilege” that would have allowed JDs to earn licensure through supervised practice, or even just by virtue of having a JD.

Indeed, Texas has offered diploma privilege for bar admission in the past, though it has been almost 100 years. The requirement for a written examination was first implemented in Texas in 1903. Two years later, in 1905, UT Law graduates were able to join the bar without sitting for the exam (Texas Laws 1905, page 150, Laws 1919, page 63). In 1919, these rules were expanded to include graduates from other law schools, unnamed in the Act but enumerated in accompanying Rules. According to a 1978 article in the Houston Law Review, the reason for this expansion was lobbying from the then nascent (and now nonexistent) TCU law school to break the UT diploma privilege monopoly. (Stephen K. Huber & James E. Myers, Admission to the Practice of Law in Texas: an Analytical History, 15 Hou. L. Rev. 485, 512 (1978).) Rather than expand the diploma privilege to graduates of other Texas law schools, the Texas Supreme Court decided at that time to instead expand the privilege to graduates of law programs of high national renown, in order to encourage attorneys of quality to consider a move to Texas. The eight schools then covered besides UT were University of Virginia, Washington and Lee, Harvard, Yale, Columbia, University of Chicago, University of Michigan, and George Washington University. (Id.) The Texas diploma privilege lasted in this form until its total repeal in 1935.

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Instead of reviving some version of the long-gone diploma privilege, even temporarily, this past Friday the Texas Supreme Court opted for a hybrid model. First, the Court outright cancelled the July 2020 exam administration previously scheduled for the end of this month. Next, the Court has ordered an in-person exam be administered September 9 – 11th, “subject to guidance from public health authorities.” Scoring will be rushed to only be delayed by three weeks from the typical release of July scores. Third, the Court has ordered a bar examination be offered on-line the first week of October. Finally, the Court has asked law school deans and local bar organization leaders to help identify practitioners willing to formally supervise practice by JDs who will sit for the bar in either September, October, or February 2021, thereby providing a path to begin practice despite disruption to the exam administration.

As Covid spread puts Texas on the map as a global hotspot, it seems likely the Texas Supreme Court may revisit the issue of diploma privilege again in the coming months. But with the bar now postponed at least six weeks, students can breathe a brief sigh of relief before getting back to their flashcards.

The Civil Rights Act of 1964

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Today, July 2, we celebrate the 56th anniversary of the signing into law the Civil Rights Act of 1964. This landmark legislation was the result of a steadfast campaign by NAACP lobbyist Clarence Mitchell in pursuit of racial justice through the legislative process and was originally proposed by President John F. Kennedy. It prohibited discrimination based on race, color, religion, sex, or national origin in the workplace, public facilities, public education, and public accommodations. However, before its becoming law, the bill faced an uphill battle and launched what is widely regarded as the longest continuous debate in Senate history. The filibuster, which lasted for 60 days, including seven Saturdays, ended on June 10 when the Senate voted 71 to 29 to end the debate. Nine days later, the Senate passed the most comprehensive civil rights legislation in United States history. Less than one month later, President Lyndon B. Johnson, joined by Martin Luther King, Jr., signed the legislation into law on July 2 in a nationally televised broadcast.

The Civil Rights Act of 1964, which amended the Civil Rights Act of 1957 and the Civil Rights Act of 1960, called for, among other things, the desegregation of public facilities and public education, and prohibited discrimination in federally assisted programs. The Act also guaranteed equal employment opportunities for all persons, regardless of race, color, religion, sex, or national origin. The Equal Employment Opportunity Commission, the agency tasked with the prevention of unlawful employment practices, was also a product of this legislation.

Clarence Mitchell and Roy Wilkins of the NAACP

The Civil Rights Act would not exist today if it weren't for the supporters and lobbyists whose steadfast efforts were so instrumental in the passage of this groundbreaking legislation. Two individuals deserve recognition for their exceptional legislative efforts. Clarence Mitchell and Roy Wilkins, whose actions in the NAACP brought about the legislation's successful enactment, are remembered in the Library of Congress exhibit created for the 50th anniversary of its passage. Wilkins, the longest-serving NAACP leader, called the Act a “Magna Carta for the race, a splendid monument for the cause of human rights,” and Mitchell, nicknamed the "101st U.S. Senator,” described it as “a real showdown on civil rights.” Both men are profiled at the links below.

Another prominent NAACP member and leading civil rights figure, Medgar Evers, was killed at age 38 in 1963 and, therefore, did not live to see the passage of the Civil Rights Act that Mitchell and Wilkins worked so tirelessly to make a reality. Evers would be celebrating his 95th birthday today, July 2. His widow, Myrlie Evers, spoke with NPR on Wednesday about the legacy of her husband whose home state of Mississippi just voted to remove the Confederate insignia from its state flag.

Voices of the Era

In tribute to those who lived through the Civil Rights era, we’ve complied a list of resources that feature their voices and personal stories. At the links below, explore photographs and oral histories that document the experiences of people whose lives were impacted by the landmark legislation that was signed into law 56 years ago today.

We Applaud All Who Press For Justice

The promise of the legal system is stamped above the entryway of the U.S. Supreme Court: “Equal Justice Under Law.” Today, our law librarians applaud all who press to make that a reality and who seek to make the story told in the volumes on the Law Library’s shelves bend toward justice, just as Clarence Mitchell and Roy Wilkins did. We echo our colleagues at University of Houston Libraries and affirm our commitment to equity, inclusion, diversity, and anti-racist practices and our pledge to use our skills and resources to advance the sharing and production of knowledge for racial justice.

Marching for Liberation and Pride

Photo Credit: allysonmiller1969 on Pixabay at https://pixabay.com/users/allysonmiller1969-224234/

Photo Credit: allysonmiller1969 on Pixabay at https://pixabay.com/users/allysonmiller1969-224234/

Updated on June 7, 2023

In her 1937 novel, Their Eyes Were Watching God, Zora Neal Hurston famously wrote, “Some years ask questions, and some years answer.” This year seems to be asking more questions than ever, and communities are seeking answers. In 1969, people in the gay community were looking for answers, too. The Stonewall Uprising took place that year on June 28 in a seedy but beloved bar called The Stonewall Inn. Often described as a riot, this pivotal event sparked a revolution.

Just one year later, The Christopher Street Gay Liberation March, which is now recognized as the first Pride parade, took place in Greenwich Village. The march united the community (although the early gay liberation efforts were far from inclusive) and ignited the modern gay rights movement. Activist Martin Boyce put it this way: "What began as a question mark downtown ended in an exclamation point." Sunday is the 50-year anniversary of that first Pride event, and the LGBTQ+ community is continuing to work for progress in achieving equal rights.

To capture the enthusiasm and renegade spirit of the original Christopher Street Gay Liberation March, and to oppose the so-called rainbow capitalism and corporate pinkwashing that has come to dominate modern Pride parades, a more rebellious, politically minded activist group called the Reclaim Pride Coalition is hosts a Queer Liberation March on a Sunday in New York. The march, which is distinguishing itself as a protest with an agenda and a Statement of Purpose, will be streamed online. Many other virtual Pride events are taking place all over the Web. Don’t miss your chance to observe the occasion.

This is certainly a year that asks questions, but people are demanding answers, too. All people who live at the margins are fighting to be acknowledged. They want accountability and action, the same outcomes that gay rights pioneers like Marsha P. Johnson and Sylvia Rivera fought for at that first Pride march on June 28, 1970. In recognition of their efforts, and in celebration of the legal advances that LGBTQ+ individuals have achieved in the fight for equal rights, we are providing a curated list of further reading on the topics of gay liberation, the Stonewall Uprising, and the modern LGBTQ+ movement in the courts and in the culture.

Then and Now

An Amazing 1969 Account of the Stonewall Uprising – The Atlantic

What Does Pride Mean Now? – New York Times

Stonewall Then and Now – The Harvard Gazette

Stonewall National Monument – National Parks Service

Timelines

The Court Cases That Changed L.G.B.T.Q. Rights – New York Times

Milestones in the American Gay Rights Movement – American Experience PBS

LGBTQ Rights Milestones Fast Facts – CNN

Intersections

Global Pride To Focus On Black Lives Matter At First Worldwide LGBT Event -- Forbes

LGBTQ communities are elevating black voices during Pride Month in solidarity – CNN

Video

Stonewall Forever: A Documentary about the Past, Present and Future of Pride

Who Threw the First Brick? Let’s Argue About It – New York Times

Stonewall Uprising – American Experience PBS

Gay and Proud – Library of Congress