[Script Info] Title: [Events] Format: Layer, Start, End, Style, Name, MarginL, MarginR, MarginV, Effect, Text Dialogue: 0,0:00:00.00,0:00:05.73,Default,,0000,0000,0000,,Hi,my name is Joseph Scamardo and I am an \Nassistant professor of philosophy Dialogue: 0,0:00:05.73,0:00:08.64,Default,,0000,0000,0000,,and associate Director of the \NInstitute in Public Affairs Dialogue: 0,0:00:08.64,0:00:10.67,Default,,0000,0000,0000,,at San Diego State University Dialogue: 0,0:00:11.91,0:00:15.94,Default,,0000,0000,0000,,I specialized in philosophy of disability\Nand bioethics. Dialogue: 0,0:00:17.47,0:00:18.88,Default,,0000,0000,0000,,I also identify as disabled. Dialogue: 0,0:00:18.88,0:00:22.01,Default,,0000,0000,0000,,I have a spinal cord injury Dialogue: 0,0:00:22.01,0:00:24.96,Default,,0000,0000,0000,,as well as a rare kind of dwarfism, so Dialogue: 0,0:00:24.96,0:00:27.40,Default,,0000,0000,0000,,you get two for the price of one with me Dialogue: 0,0:00:28.87,0:00:37.01,Default,,0000,0000,0000,,So, my first memory of discrimination was, Dialogue: 0,0:00:37.52,0:00:40.69,Default,,0000,0000,0000,,well, it's hard to say... Dialogue: 0,0:00:43.54,0:00:47.31,Default,,0000,0000,0000,,I have lots of memories as far as Dialogue: 0,0:00:47.31,0:00:51.84,Default,,0000,0000,0000,,the experience of stigma or bigotry, Dialogue: 0,0:00:51.84,0:00:54.90,Default,,0000,0000,0000,,mostly around my dwarfism, Dialogue: 0,0:00:54.90,0:00:56.37,Default,,0000,0000,0000,,and so, you know, Dialogue: 0,0:00:56.37,0:00:59.84,Default,,0000,0000,0000,,I have lots of early memories around that Dialogue: 0,0:00:59.84,0:01:03.52,Default,,0000,0000,0000,,with children staring and laughing Dialogue: 0,0:01:03.52,0:01:07.57,Default,,0000,0000,0000,,and that sort of thing from a \Nvery young age. Dialogue: 0,0:01:10.32,0:01:13.18,Default,,0000,0000,0000,,Then as far as, sort of Dialogue: 0,0:01:13.18,0:01:15.16,Default,,0000,0000,0000,,a more systematic discrimination Dialogue: 0,0:01:15.16,0:01:18.13,Default,,0000,0000,0000,,that sort of excluded me from something Dialogue: 0,0:01:18.13,0:01:20.58,Default,,0000,0000,0000,,that I wanted to do, Dialogue: 0,0:01:22.13,0:01:26.16,Default,,0000,0000,0000,,I had a pretty good experience as a child, Dialogue: 0,0:01:26.16,0:01:30.79,Default,,0000,0000,0000,,mostly because my parents really did a lot Dialogue: 0,0:01:30.79,0:01:33.93,Default,,0000,0000,0000,,to make sure that I was included Dialogue: 0,0:01:33.93,0:01:36.76,Default,,0000,0000,0000,,I can remember being in boy scouts Dialogue: 0,0:01:36.76,0:01:38.76,Default,,0000,0000,0000,,and cub scouts when I was a kid Dialogue: 0,0:01:38.76,0:01:42.42,Default,,0000,0000,0000,,and my father, really doing a lot with me Dialogue: 0,0:01:42.42,0:01:47.10,Default,,0000,0000,0000,,to ensure that the inclusion\Nof my disability-- Dialogue: 0,0:01:48.37,0:01:50.63,Default,,0000,0000,0000,,You know going on camping trips with me Dialogue: 0,0:01:50.63,0:01:52.91,Default,,0000,0000,0000,,and sort of acting as a personal attendant Dialogue: 0,0:01:52.91,0:01:56.03,Default,,0000,0000,0000,,kinda thing to make sure that I was able Dialogue: 0,0:01:56.03,0:01:57.99,Default,,0000,0000,0000,,to go and participate, Dialogue: 0,0:01:57.99,0:02:00.84,Default,,0000,0000,0000,,and that sort of thing. Dialogue: 0,0:02:00.84,0:02:03.24,Default,,0000,0000,0000,,And so the first real experience Dialogue: 0,0:02:03.24,0:02:05.34,Default,,0000,0000,0000,,of exclusion that I can remember Dialogue: 0,0:02:05.34,0:02:07.71,Default,,0000,0000,0000,,happened when it was time Dialogue: 0,0:02:07.71,0:02:09.37,Default,,0000,0000,0000,,to go to high school. Dialogue: 0,0:02:09.37,0:02:11.20,Default,,0000,0000,0000,,I had gone to the public schools Dialogue: 0,0:02:11.20,0:02:13.97,Default,,0000,0000,0000,,in my town up until through the 8th grade Dialogue: 0,0:02:13.97,0:02:16.99,Default,,0000,0000,0000,,and then when it came to high school, Dialogue: 0,0:02:17.59,0:02:20.60,Default,,0000,0000,0000,,I was supposed to go to the same Dialogue: 0,0:02:21.10,0:02:25.16,Default,,0000,0000,0000,,private religiously oriented school Dialogue: 0,0:02:25.16,0:02:27.52,Default,,0000,0000,0000,,that my older siblings went to Dialogue: 0,0:02:27.52,0:02:30.25,Default,,0000,0000,0000,,and I took the entrance exam and even got Dialogue: 0,0:02:30.25,0:02:33.25,Default,,0000,0000,0000,,a small scholarship to go and everything, Dialogue: 0,0:02:33.25,0:02:35.89,Default,,0000,0000,0000,,but it didn't have an elevator, Dialogue: 0,0:02:35.89,0:02:39.76,Default,,0000,0000,0000,,and so I used a motorized scooter Dialogue: 0,0:02:39.76,0:02:42.53,Default,,0000,0000,0000,,to get around, and it was Dialogue: 0,0:02:42.53,0:02:44.32,Default,,0000,0000,0000,,going to be impossible for me to Dialogue: 0,0:02:44.32,0:02:47.63,Default,,0000,0000,0000,,attend that school, because there was no Dialogue: 0,0:02:47.63,0:02:49.67,Default,,0000,0000,0000,,elevator. Now this was actually Dialogue: 0,0:02:49.67,0:02:51.64,Default,,0000,0000,0000,,after the passage of the ADA, Dialogue: 0,0:02:52.58,0:02:54.94,Default,,0000,0000,0000,,but because it was Dialogue: 0,0:02:54.94,0:02:57.52,Default,,0000,0000,0000,,a religiously oriented school, Dialogue: 0,0:02:57.52,0:02:59.100,Default,,0000,0000,0000,,it was exempt from the requirements Dialogue: 0,0:02:59.100,0:03:01.54,Default,,0000,0000,0000,,of the ADA. Dialogue: 0,0:03:01.54,0:03:05.42,Default,,0000,0000,0000,,And so, I didn't have any leverage with Dialogue: 0,0:03:05.42,0:03:06.50,Default,,0000,0000,0000,,that law. Dialogue: 0,0:03:06.50,0:03:09.48,Default,,0000,0000,0000,,To be able to get them Dialogue: 0,0:03:09.48,0:03:11.65,Default,,0000,0000,0000,,to make accommodations for me Dialogue: 0,0:03:11.65,0:03:13.85,Default,,0000,0000,0000,,so I ended up going to the public school Dialogue: 0,0:03:13.85,0:03:16.28,Default,,0000,0000,0000,,in my town, which actually, personally, Dialogue: 0,0:03:16.28,0:03:17.94,Default,,0000,0000,0000,,I was pretty happy about anyway, Dialogue: 0,0:03:17.94,0:03:20.29,Default,,0000,0000,0000,,because that's where all my\Nfriends were going. Dialogue: 0,0:03:20.29,0:03:23.84,Default,,0000,0000,0000,,But it still sort of clued me in Dialogue: 0,0:03:23.84,0:03:25.35,Default,,0000,0000,0000,,to the fact that... Dialogue: 0,0:03:26.78,0:03:29.22,Default,,0000,0000,0000,,not everything is accessible, Dialogue: 0,0:03:29.22,0:03:32.94,Default,,0000,0000,0000,,not everything is designed for me and that Dialogue: 0,0:03:32.94,0:03:34.41,Default,,0000,0000,0000,,this was going to be something Dialogue: 0,0:03:34.41,0:03:35.86,Default,,0000,0000,0000,,I was gonna have to figure out Dialogue: 0,0:03:35.86,0:03:37.42,Default,,0000,0000,0000,,throughout my life. Dialogue: 0,0:03:38.21,0:03:43.21,Default,,0000,0000,0000,,As far as remembering the ADA Dialogue: 0,0:03:43.21,0:03:44.65,Default,,0000,0000,0000,,and sort of its passage Dialogue: 0,0:03:44.65,0:03:46.05,Default,,0000,0000,0000,,and that sort of thing, Dialogue: 0,0:03:46.05,0:03:49.22,Default,,0000,0000,0000,,I was pretty young when it was passed, Dialogue: 0,0:03:49.22,0:03:51.30,Default,,0000,0000,0000,,I was sometimes referred to as part of the Dialogue: 0,0:03:51.30,0:03:54.76,Default,,0000,0000,0000,,ADA generation, which means that Dialogue: 0,0:03:54.76,0:03:57.57,Default,,0000,0000,0000,,I grew up with the ADA mostly, Dialogue: 0,0:03:58.41,0:04:00.27,Default,,0000,0000,0000,,I was born in 1982, Dialogue: 0,0:04:00.27,0:04:02.92,Default,,0000,0000,0000,,so I was 8 or 9 years old when the ADA Dialogue: 0,0:04:02.92,0:04:06.67,Default,,0000,0000,0000,,passed, and so I don't really have Dialogue: 0,0:04:06.67,0:04:08.40,Default,,0000,0000,0000,,any kind of recollection of, "Aha!" Dialogue: 0,0:04:08.40,0:04:12.72,Default,,0000,0000,0000,,That's the moment that it passed. Dialogue: 0,0:04:13.49,0:04:16.12,Default,,0000,0000,0000,,And the recall of where I was at the time Dialogue: 0,0:04:16.12,0:04:17.81,Default,,0000,0000,0000,,or anything like this, Dialogue: 0,0:04:17.81,0:04:19.63,Default,,0000,0000,0000,,but I do remember my father explaining Dialogue: 0,0:04:19.63,0:04:24.19,Default,,0000,0000,0000,,it to me, around the time of my Dialogue: 0,0:04:24.19,0:04:26.79,Default,,0000,0000,0000,,start of high school. Dialogue: 0,0:04:26.79,0:04:28.55,Default,,0000,0000,0000,,When I experienced this with that Dialogue: 0,0:04:28.55,0:04:32.68,Default,,0000,0000,0000,,private catholic school, and having that Dialogue: 0,0:04:32.68,0:04:37.32,Default,,0000,0000,0000,,sort of systematic discrimination\Nexperience, Dialogue: 0,0:04:38.53,0:04:41.80,Default,,0000,0000,0000,,it explained that public schools, Dialogue: 0,0:04:41.80,0:04:46.25,Default,,0000,0000,0000,,and other kinds of public places Dialogue: 0,0:04:46.25,0:04:50.61,Default,,0000,0000,0000,,were accessible to me because of the ADA Dialogue: 0,0:04:50.61,0:04:52.89,Default,,0000,0000,0000,,and that there was this law that said Dialogue: 0,0:04:52.89,0:04:56.20,Default,,0000,0000,0000,,that things had to be accessible to people Dialogue: 0,0:04:56.20,0:04:57.55,Default,,0000,0000,0000,,who use wheelchairs, and Dialogue: 0,0:04:57.55,0:05:00.53,Default,,0000,0000,0000,,motorized scooters like I did at the time. Dialogue: 0,0:05:00.53,0:05:03.15,Default,,0000,0000,0000,,And so, that was my first awareness Dialogue: 0,0:05:03.15,0:05:05.55,Default,,0000,0000,0000,,of the ADA, as well as my first awareness Dialogue: 0,0:05:05.55,0:05:09.10,Default,,0000,0000,0000,,of discrimination, which is kind of cool,\NI think? Dialogue: 0,0:05:09.10,0:05:12.34,Default,,0000,0000,0000,,Because it was neat to have Dialogue: 0,0:05:12.34,0:05:13.94,Default,,0000,0000,0000,,that experience of, "Okay, well, Dialogue: 0,0:05:13.94,0:05:17.26,Default,,0000,0000,0000,,this is something that's\Ngoing to be a challenge for you, Dialogue: 0,0:05:17.26,0:05:20.47,Default,,0000,0000,0000,,and here's how you're protected,\Nand here's how you can do something Dialogue: 0,0:05:20.47,0:05:23.93,Default,,0000,0000,0000,,about it." \NAnd so in a way, it was this sort of, Dialogue: 0,0:05:23.93,0:05:26.90,Default,,0000,0000,0000,,my awakening into advocacy as well. Dialogue: 0,0:05:30.46,0:05:34.78,Default,,0000,0000,0000,,Now, as far as the difference that the \NADA has made in my life, Dialogue: 0,0:05:35.93,0:05:45.100,Default,,0000,0000,0000,,or the life of others, \NI think that it's been, of course Dialogue: 0,0:05:45.100,0:05:52.06,Default,,0000,0000,0000,,an incredibly important law that has \Nopened up all sorts of opportunities Dialogue: 0,0:05:52.06,0:05:58.14,Default,,0000,0000,0000,,for people, everything from public \Ntransportation, to be able to move around Dialogue: 0,0:05:58.14,0:06:06.61,Default,,0000,0000,0000,,in your community, the homestead decision\Nis based on ADA, which says that people Dialogue: 0,0:06:06.61,0:06:10.80,Default,,0000,0000,0000,,need to be--when they need any kind of \Nlong time care, Dialogue: 0,0:06:10.80,0:06:14.47,Default,,0000,0000,0000,,they need to be served in the least \Nrestrictive environment, meaning that Dialogue: 0,0:06:14.47,0:06:18.39,Default,,0000,0000,0000,,you can't just institutionalize or\Nwarehouse somebody because it's more Dialogue: 0,0:06:18.39,0:06:24.54,Default,,0000,0000,0000,,convenient for you, you need to make sure\Nthat they're able to live in the community Dialogue: 0,0:06:24.54,0:06:28.87,Default,,0000,0000,0000,,or somewhere that is going to be best \Nfor them. Dialogue: 0,0:06:31.65,0:06:39.45,Default,,0000,0000,0000,,What else do the ADA do?\NJust the ability to get an education, Dialogue: 0,0:06:39.45,0:06:46.18,Default,,0000,0000,0000,,the ability to get a job, all of these\Nthings, for me and for others, Dialogue: 0,0:06:46.18,0:06:52.74,Default,,0000,0000,0000,,were sort of caused by the ADA and I can't\Nreally imagine what it was like Dialogue: 0,0:06:52.74,0:06:54.63,Default,,0000,0000,0000,,prior to the ADA, honestly. Dialogue: 0,0:06:54.63,0:06:58.53,Default,,0000,0000,0000,,I mean, I can imagine it I guess, but \NI'm sure glad that I didn't have to Dialogue: 0,0:06:58.53,0:06:59.69,Default,,0000,0000,0000,,experience it. Dialogue: 0,0:07:00.27,0:07:07.89,Default,,0000,0000,0000,,The ADA makes a difference in a wide range\Nof personal experiences Dialogue: 0,0:07:07.89,0:07:14.23,Default,,0000,0000,0000,,and also a wide range of \Ndisability politics issues. Dialogue: 0,0:07:15.52,0:07:28.31,Default,,0000,0000,0000,,So, my personal experience that I think \Nmost recently has been impacted by the ADA Dialogue: 0,0:07:28.31,0:07:38.15,Default,,0000,0000,0000,,has been my ability to live an \Nindependent life with my two kids. Dialogue: 0,0:07:39.05,0:07:44.43,Default,,0000,0000,0000,,I think prior to the ADA, it would've \Nbeen much harder to do that. Dialogue: 0,0:07:46.27,0:07:52.08,Default,,0000,0000,0000,,Raising kids means that I have to go into\Nlots of different public spaces and do Dialogue: 0,0:07:52.08,0:07:58.44,Default,,0000,0000,0000,,different things that I might not have\Nbeen 'required' to do, if you will, Dialogue: 0,0:07:58.44,0:08:02.12,Default,,0000,0000,0000,,professionally, or just sort of\Nin everyday life, if I didn't have them. Dialogue: 0,0:08:02.12,0:08:07.45,Default,,0000,0000,0000,,So going to the zoo, or going to the\Ngrocery store, for that last minute item Dialogue: 0,0:08:07.45,0:08:16.42,Default,,0000,0000,0000,,or you know, just whatever it might be, \NI think that, you know-- Dialogue: 0,0:08:16.42,0:08:20.42,Default,,0000,0000,0000,,opening up the daycare centers, and so on\Nand so forth. Dialogue: 0,0:08:20.42,0:08:24.12,Default,,0000,0000,0000,,The ADA sort of opened all of that up to\Nme, as a wheelchair user Dialogue: 0,0:08:24.12,0:08:31.58,Default,,0000,0000,0000,,and so, that's where it's made a big \Npersonal impact in my life recently. Dialogue: 0,0:08:33.58,0:08:39.70,Default,,0000,0000,0000,,Now, I think that the one thing that \NI can sort of speak to, professionally, Dialogue: 0,0:08:39.70,0:08:49.62,Default,,0000,0000,0000,,about the ADA and its impact or \Nlack of impact is probably, two-fold: Dialogue: 0,0:08:49.62,0:09:00.97,Default,,0000,0000,0000,,One, is the ways in which my privilege \Nas a physically disabled-- Dialogue: 0,0:09:00.97,0:09:04.26,Default,,0000,0000,0000,,there's a disability hierarchy of course,\Nand so physical disability Dialogue: 0,0:09:04.26,0:09:10.62,Default,,0000,0000,0000,,is usually at the top of that hierarchy, \Nwith psychiatric disabilities Dialogue: 0,0:09:10.62,0:09:13.15,Default,,0000,0000,0000,,and intellectual developmental \Ndisabilities, Dialogue: 0,0:09:13.15,0:09:15.32,Default,,0000,0000,0000,,are sort of lower down on the hierarchy. Dialogue: 0,0:09:15.32,0:09:22.95,Default,,0000,0000,0000,,And so, as a physically disabled, \Ncisgender, heterosexual white guy, Dialogue: 0,0:09:22.95,0:09:28.57,Default,,0000,0000,0000,,I've benefited a lot more from the ADA \Nthan lots of other people Dialogue: 0,0:09:28.57,0:09:32.30,Default,,0000,0000,0000,,that don't have those kinds of privileges. Dialogue: 0,0:09:32.98,0:09:40.26,Default,,0000,0000,0000,,I think for instance about how the ADA \Nis designed, really Dialogue: 0,0:09:40.26,0:09:44.04,Default,,0000,0000,0000,,to promote what you'd think of \Nas equality of opportunity, Dialogue: 0,0:09:44.84,0:09:52.41,Default,,0000,0000,0000,,meaning that everybody has an equal \Nopportunity to compete within the economic Dialogue: 0,0:09:52.41,0:10:02.19,Default,,0000,0000,0000,,life of the United States, and so, \Nit allows you to enter into the workforce, Dialogue: 0,0:10:02.19,0:10:05.28,Default,,0000,0000,0000,,and enter into the educational system, \Nand so on and so forth Dialogue: 0,0:10:05.28,0:10:06.46,Default,,0000,0000,0000,,then compete. Dialogue: 0,0:10:06.46,0:10:12.35,Default,,0000,0000,0000,,But what it doesn't do is it doesn't\Naddress any of the other advantages Dialogue: 0,0:10:12.35,0:10:21.04,Default,,0000,0000,0000,,or disadvantages that intersect with \Nableism. So that's sort of something Dialogue: 0,0:10:21.04,0:10:25.35,Default,,0000,0000,0000,,that is I think, a real problem, with \Nthe ADA. Dialogue: 0,0:10:25.88,0:10:30.38,Default,,0000,0000,0000,,I'm a well-educated person, I have a \Nmaster's degree and a Ph.D. Dialogue: 0,0:10:31.52,0:10:39.14,Default,,0000,0000,0000,,and that, I don't think would've been \Navailable to me as easily as it was Dialogue: 0,0:10:39.14,0:10:43.98,Default,,0000,0000,0000,,if I didn't have these other privileges \Nthat I do have, Dialogue: 0,0:10:43.98,0:10:47.82,Default,,0000,0000,0000,,that the ADA doesn't do anything\Nto address, it just sort of treats Dialogue: 0,0:10:47.82,0:10:52.64,Default,,0000,0000,0000,,all disabled people as if they were \Nthe same, and as if the only thing Dialogue: 0,0:10:52.64,0:10:57.01,Default,,0000,0000,0000,,they have to deal with is structural \Nableism, and that's just not true, right? Dialogue: 0,0:10:58.34,0:11:07.61,Default,,0000,0000,0000,,I think another thing about disability\Nthat the ADA doesn't address Dialogue: 0,0:11:07.61,0:11:19.37,Default,,0000,0000,0000,,is economics, in that, I think that \Ndespite the ability to compete, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,a lot of disabled people still live in\Nextreme poverty, because of other Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,things that make it impossible for them \Nto compete, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,other than just their disability. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And so, the real sad part to me about that\Nis you look at other systems Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that are designed to help disabled people \Nget out of poverty, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and even they don't recognize the way that\Nprivilege operates in these contexts. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So, for instance, \Nthe vocational rehab system. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I've benefited greatly from the vocational \Nrehab system so I don't want to just Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,sit here and talk smack on it, right? Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,The vocational rehab system has helped me \Nget a van that I could drive, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,so I could get back and forth from Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,my place of employment, from school,\Nwhich was huge, right? Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,But the only reason why I had access\Nto that van was: Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,A. Because I could afford the van itself,\Nwhich not a lot of disabled people can do, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,especially if they aren't\Nworking yet and Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,B. Because the vocary head councilor\Nthought Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that I was worth the investment right? Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Someone who didn't have the advantages\Nthat I had, as far as the kind of disability Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that I have, my family's resources and my \Nskin color and gender and all those things, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,it's very likely that the rehab councilor\Nwould've said, "You can take the bus," Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,right? "We're not going to invest all of\Nthis money into helping Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,you learn how to drive." Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Because they wouldn't have believed that\Nthey would get this return on their investment Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that the person would be able to get\Na well paying job, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and so on and so forth, \Nand so, I think that that's also Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,a big issue that the ADA doesn't address,\Nis this kind of intersectionality Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that gives some disabled people \Nadvantages within even the system Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that is designed to help them, and other\Npeople, of course, disadvantages, which is Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,a real issue. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now, as far as my area of expertise, \NBioethics, there's definitely been some Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,ways in which the ADA has helped greatly,\Nand other ways Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,in which it hasn't really done much. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So I'll start with the positivity, right?\NWe'll start with the good news. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,One way in which I think, I can point point\Nto in a very concrete way in which the ADA has helped, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,is when it comes to healthcare rationing. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,The issue of healthcare in the United \NStates of course is a very hot button topic Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and it's hot because there is a perceived\Nlack of resources--There's more need Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,than there is supply for healthcare. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And so, when we talk about expanding \Nhealthcare to a larger number of people, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,without also expanding the resources that\Nare being devoted to healthcare, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,then that's gonna be a real problem, \Nbecause some people aren't going to get Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,as much as they need, right? Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,You're going to have to sort of budget it,\Nif you will. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Or in the terms of bioethics, \Nration healthcare. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Now this proved to be an issue because Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,when it was done on smaller scale, \Nfor instance the state of Oregon, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,after the passage of the ADA--\NI'm not sure exactly on the timeline, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,I'm not a historian--but the state of\NOregon expanded their publicly provided Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,healthcare to a larger number of people,\Nand as they did that, they needed to Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,make sure that they had a way of\Nprioritizing what was covered Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and what was not covered. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And so, as they did this, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,it became apparent that a lot of \Ndisabled people Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,were being rationed out of \Nthe healthcare system. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,That a lot of things were not being \Ncovered for disabled folks Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that should be. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And so, there was a series of lawsuits \Nthat were brought against Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,the state of Oregon, that basically\Nsaid that, "You couldn't discriminate Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,against disabled people and not \Nprovide them with healthcare, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,based on their disability." Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,That you couldn't sort of say, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,"Well, this person isn't going to get \Nvery much bang for their buck, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,they're not gonna end up being healthy\Nanyway, 'cause they're still going Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,to be disabled, so we're not going to give\Nthem this treatment option." Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Right? And so that was a big win \Nwithin bioethics Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that was a direct result of the ADA. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,More recently, \Nwe've had a similar thing pop up Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,because of the COVID-19 pandemic. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,Specifically, there are what are called\N"Emergency Healthcare Protocols" Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that are being developed for hospital \Nsystems and states that anticipate Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,needing more intensive care unit beds,\Nventilators and so on and so forth, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that aren't actually available. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And so we need some way of figuring out \Nwho gets the ventilator, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,who gets the Intensive Care Unit bed, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and so on and so forth, \Nas the pandemic increases and goes on. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And so there were some \Nprotocols that were developed Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that were very discriminatory \Nagainst disabled people. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,There was one in Alabama specifically,\Nthat said that anybody Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,with an intellectual disability \Nor with dementia was going to be Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,deprioritized from getting these \Nlife-saving resources if they got COVID-19. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And there was one in Washington state, \Nthat was pretty discriminatory against Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,disabled folks that said that \Nif you had a disability Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that meant that even after treatment \Nyou are still going to be disabled, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that you would be deprioritized from \Ngetting the life-saving, life support Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,treatment for COVID-19. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So there was a variety of these all over\Nthe United States Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that were really problematic and \Nthat explicitly were discriminating Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,against disabled people when it came to \Ngetting treatment for COVID Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and so in response, there were some folks\Nfrom protection and advocacy agencies, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,which are sort of these--\NDisability Rights California is one, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,and each state has protection and advocacy\Nagencies that are federally funded, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,non-profit law firms that protect the \Nrights of disabled people and so they Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,sued these states and these hospital \Nsystems and got the federal government to Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,provide guidelines for treatment ration \Nprotocols that basically say Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that you can't discriminate against \Ndisabled people in this way. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,That the only time that you can withhold\Ntreatment for COVID-19 is if there is Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,sort of a very clear way in which the \Ndisability means that person would not Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,benefit from the treatment, that, you know\Nthey have the kind of disability Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,that would make it very, very unlikely\Nthat they would survive the virus Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,even with some kind of ventilator or\Nintensive care situation. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,And so, that's of course very different\Nbecause something like needing Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,an assistive device like a wheelchair or\Nneeding help dressing and bathing Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,or having these things that would've meant \Nthat people would be rationed out Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,of these protocols... Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So of course this is a really good thing that \Nthese protocols are changed because Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,there were a lot of them that would have\Nrationed people out Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,for reasons that had nothing to do with whether or not \Nthey would survive the virus with treatment Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So whether you use a wheelchair,\Nor need a personal attendant for things Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,like dressing and bathing, \Nwhether you have an intellectual disability. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,These are reasons that were being used to\Ndeny people treatment for COVID-19 that Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,have nothing to do with whether or not\Nthey would survive the disease. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,This advocacy efforts that were based on\Nthe American with Disabilities Act Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,sort of made that illegal to do,\Nwhich is of course an important thing Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,it's literally saved peoples lives presumably. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,So that the good news as far as my field\Nof work and the ways of which ADA has Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,made an impact, but of course that isn't\Nthe only story. There are lots of ways in which Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,bioethics can and has been discriminatory\Ntowards disabled people in ways that isn't Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,addressed by the ADA and that can't really\Nbe addressed by the ADA because of the way Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,it's written and the kinds of problems\Nit was designed to solve. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,For instance, there is a lot of controversy\Nover the development of different Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,reproductive technologies that are designed to\Nprevent the birth of disabled children. Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,With intellectual disabilities, \Nwith down syndrome, Dialogue: 0,9:59:59.99,9:59:59.99,Default,,0000,0000,0000,,with disabilities like mine, dwarfism.\Nwith disabilities such as deafness, and so on.