Spirit of ADA 10th Anniversary Torch Relay

Remarks prepared for
Deputy Secretary of Transportation Mortimer Downey
[as delivered by Rosalyn Millman, Deputy Administrator of the National Highway Traffic Safety Administration (NHTSA)]

American Association of People with Disabilities
State Capitol Building
Austin, Texas
June 13, 2000

It's a great honor to be here in Austin today to participate in this great event as we mark the 10th anniversary of the Americans with Disabilities Act (ADA). I'm pleased to be able to join you in renewing the national commitment to equality of opportunity and full participation in independent living and economic self-sufficiency for all people with disabilities. We all know that transportation is a key factor in achieving those goals. And as our Secretary of Transportation, Rodney Slater, has said, "Accessibility is a civil right, and every American is entitled to it." The passage of the ADA represented a landmark in civil rights law for people with disabilities, delivering to the disability community the promise inherent in our Nation's founding. Certainly we've come a long way since 1990 or ever since 1997, the year that some advocates brought bus accessibility problems to Secretary Slater's personal attention during an event at the LBJ Institute (University of Texas at Austin). Some of you may have been there. Secretary Slater promised then to act as quickly as possible to make intercity buses accessible to people with disabilities, and he has kept that promise. This helps not only people with disabilities, but their families and the communities in which they live and work. Today, bus operators are buying accessible buses, government aid is assisting, and all fleets will be made completely accessible by 2012. Since Rosa Park refused to move to the back of the bus in (year), transportation has been a touchstone in the civil rights movement. The ADA is another very important milestone in our national journey toward equality. The fact that transportation has played a central role in the civil rights movement is but a reflection of its importance in all of our daily lives. The key function of transportation, at its most fundamental level, is to provide this basic mobility that makes for a more productive society. It provides the critical link -- allowing each of us to participate in the full range of societal activities, including work, school, commerce, and recreation. Yes, we've accomplished a lot in the last 10 years, but there is always room for improvement. Last summer, the U.S. DOT unveiled a new website that focuses on transportation access issues, and I encourage you to visit the site and to give us your comments. I'd like to take this opportunity to recognize the City of Austin for being ahead of the curve when it comes to ADA issues and transportation access. Not only is Capital Metro's fleet 100% accessible, but it has been that way since 1993!

Capital Metro has also made great strides in providing information in alternative formats for people who cannot use printed text. They're even ahead in making their website accessible! Last year, at DOT's ceremony marking the 9th anniversary of the ADA, Austin was one of four cities recognized by the Secretary as an example of "best practices" in transportation and mobility. In addition its transit system, Capital Metro, the Austin department of public works, and the community have been working together to ensure that the pedestrian system - the sidewalks, trails and paths that are the most basic link in moving people - is also accessible. In most cities, this means installing curbcuts; Austin is installing curbcuts - but you are also taking the extra -- but sensible -- step of creating new sidewalks where none existed before! And a program has been established to install audible street-crossing signals where they're needed. This is an excellent example of using technology to make transportation -- and people's lives -- better. In addition to improvements on land, we have worked hard to make air travel easier and safer for the disabled. The Air Carrier Access Act prohibits discrimination by U.S. and foreign air carriers on the basis of physical or mental disability. Last week, our Secretary of Transportation Rodney Slater announced that the rule will now apply equally to foreign air carriers. Anyone who believes they have been treated unfairly or unlawfully when flying may submit a complaint to the Department's Aviation Consumer Protection Division. These successes in making transportation fully accessible and considerate of the needs of the disabled demonstrate how far we've come. They also serve as an example of how transit and other transportation providers, government and the disability community can work together to ensure that transportation is an enabler of opportunity, not a barrier.

In recognizing these successes, however, we also need to remember that the ADA is more of a journey than a target. Just as the City of Austin wasn't built in 10 years, full access requires continued vigilance to deliver this promise. Transit providers nationwide are continually improving their efforts to deliver accessible service to people with mobility, hearing or vision disabilities. As a result, the United States has become a world model for accessible transit service. Japan will pass legislation in the next few days called the "barrier free access law." It is modeled on the transportation provisions of the ADA. Similar anti-discrimination laws are under consideration in the United Kingdom, Australia, and other nations worldwide. The ideas of the ADA - and the transportation technology innovations it has encouraged - have become a valuable U.S. export. This progress has not come easily. As we gather here today to celebrate 10 years of progress under the ADA, I am ever mindful of the fact that the Supreme Court has once again agreed to hear a case challenging the Constitutionality of Title II of the ADA. Title II is the part of the ADA that covers State and local governments, including the requirements for transit systems like Capital Metro and for curbcuts in sidewalks. The Supreme Court will likely rule on the case this year, and I hope they'll do the right thing and keep Title II intact. To date, two U.S. Circuit Courts have ruled against Title II, while several others have upheld it. As President Clinton has said, we must "ensure that our policies create independence instead of dependence … inclusion instead of exclusion … and integration instead of segregation." As we look forward to the 10th anniversary of the Americans with Disabilities Act (ADA), I thank the people of Austin for working so hard and well together to bring the promise of the ADA to life. Thank you.

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