Equality of Opportunity: The Making of the Americans with Disabilities Act

The ADA on the Eve of the 1988 Election

Although no further action was taken on the ADA in 1988, the ADA did not “die,” as some people claimed, when Congress closed its 100th Session on October 22. On the contrary, the ADA of 1988 fulfilled its mission. ADA sponsors never intended it to come to a vote that year. The goal, rather, was to complete the process begun by the National Council on Disability in getting the ADA on the legislative agenda, not only as a token measure, but as a congressional priority. The disability community reached this objective with a pronouncement from Senator Edward M. Kennedy (D-MA) at the joint hearing. “I just want to give the assurance,” he asserted, “that this will be the first order of business” when Congress convenes for the 101st session in 1989.⁴⁷

The disability community had begun its education process, both internally and with members of Congress and presidential candidates. Members were learning more about what it meant to be disabled. They were being exposed to scores of people with disabilities for the first time. Many declared their support by becoming cosponsors of the bill. The disability community was also becoming much more optimistic at the close of 1988. The 1980s had been a decade of struggle against encroachments. But the Civil Rights Restoration Act symbolized the new alliance formed with the civil rights community. And the Fair Housing Amendments Act broke new ground by extending disability policy to encompass the private sector. The Reagan administration was winding to a close, and the tide was apparently turning. Both presidential candidates had vowed to support legislation akin to the ADA. By the end of 1988, the compelling problem of discrimination had been fused with the solution crafted by the National Council on Disability. The political climate was also changing in a way that would invite, rather than impede, future action.

47. Senator Edward M. Kennedy, statement, Joint Hearing (September 27, 1988), p. 945.