504 Sit-in
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The 504 Sit-in began on April 5, 1977. People with disabilities and the disability community occupied federal buildings in the United States in order to push the issuance of long-delayed regulations regarding Section 504 of the Rehabilitation Act of 1973. Prior to the 1990 enactment of the Americans with Disabilities Act, the Rehabilitation Act was the most important disability rights legislation in the United States.[1]
Background
The events leading up to the Sit-in stemmed from the failure to enforce the legislation of the Section 504 of the Rehabilitation Act, which was signed into law in 1973. The text of Section 504 states: “No otherwise qualified handicapped individual in the United States shall solely on the basis of his handicap, be excluded from the participation, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” This means no person should be excluded from any program, service, or similar which receives federal funds. Before the passage of Section 504, disability was viewed as a personal deficit and responsibility, much conforming to the Medical model of disability.[2] After the passage of Section 504, people began to understand disability as a societal problem, being disabled was not caused by the person, but rather by the construction of society, as illustrated by the Social model of disability. With the passage of Section 504, discrimination of people with disabilities was legally documented. Hubert Humphrey, who worked before Section 504 to pass civil rights legislation regarding the rights of people with disabilities, said of Section 504: “the time has come to firmly establish the right of disabled Americans to dignity and self-respect as equal and contributing members of society and to end the virtual isolation of millions of children and adults.”[2]
Policies surrounding the treatment of people with disabilities followed the mindset which started in the Colonial Era with laws regarding people with cognitive and psychological disabilities. The laws of that time were to protect the community from the financial burden of caring for people with such disabilities. The laws largely were in place until the American Revolution. These sorts of laws set the paternalistic mentality and stereotypes regarding people with disabilities in motion. These stereotypes of people with disabilities as being second-class citizens remained through the Civil Rights Movement and scholars argue still exist as demonstrated by the persistence of the medical model of disability.[citation needed]
The passage of Section 504 was only the beginning of the progress needed for the civil rights of people with disabilities to be acknowledged; regulations were needed. First, the definition of disability had to be clarified, then a clear definition about what constituted discrimination regarding disability was needed, and, finally, the enforcement procedures and timelines had to be developed.[2] Without these regulations, the courts were able to interpret the legislation of Section 504 however they preferred.[2] The United States Department of Health, Education, and Welfare (HEW) was to provide the regulations addressing Section 504.[2]
Drafting Regulations
From the passage of Section 504 in 1973 to 1977 there were no published regulations. During these years, people with disabilities and interested parties filed a lawsuit in federal court regarding the regulations. The judge ruled that the regulations must be issued, but did not provide a deadline. Institutions that must comply with Section 504 opposed the publication of regulations. Some Office for Civil Rights attorneys drafted regulations and sent the drafts to the Secretary of HEW. The HEW then sent the drafted regulations to Congress and Congress sent the draft back to HEW. The disability community further pushed for the regulations. The American Coalition of Citizens with Disabilities (ACCD) was formed and organized to push for the issuance of the regulations.
After a period of public comment, the final regulations were waiting for Secretary Joseph Califano’s signature. The Carter administration took office around this time. HEW set up a task force to discuss the regulations. No one from the disability community was represented on the task force. The task force weakened the regulations, which meant changes in coverage and enforcement. The ACCD demanded the regulations be issued by April 4, 1977 without changes, and warned if they did not, action would be taken. A sit-in at eight HEW regional headquarters was planned for the following day if Secretary Califano did not comply.
Events
On April 5, 1977, activists began to demonstrate and sit-in at the HEW offices found in regions including Atlanta, Boston, Chicago, Denver, Los Angeles, New York City, and Philadelphia. The two most noteworthy protests occurred in San Francisco and Washington, D.C. The Sit-in was conceived by Frank Bowe and organized by the ACCD.[3] The protesters demanded the signing of regulations for Section 504.[4][5]
There were about 300 people in Washington, D.C. who marched to and then demonstrated inside the HEW building where Secretary Califano’s office was. Although he met with a few protest representatives, including Frank Bowe, he still did not sign the regulations. This action led many protesters to continue their sit-in overnight, but they then left after 28 hours.[4]
The more successful sit-in occurred in San Francisco, planned by Judith Heumann, Kitty Cone, and Mary Jane Owen, lasted until May 4, 1977, a total of 25 days, with more than 150 people refusing to leave. It is the longest sit-in at a federal building to date. Close to 120 disability activists and protesters occupied the HEW building.
Califano signed the regulations on April 28, 1977.[6][7][8][9][10][11] This protest was significant not only because its goal was achieved, but also because it was the foremost concerted effort between people of different disabilities coming together in support of legislation that affected the overall disability population, rather than only specific groups.[4][5]
References
- ^ Johnson, Roberta Ann (1999). Mobilizing the Disabled, in Waves of Protest: Social Movements Since the Sixties, pp. 25–45. Maryland: Rowman and Littlefield. ISBN 978-0-8476-8748-0.
- ^ a b c d e Cone, Kitty. "Short History of the 504 Sit in". Disability Rights Education & Defense Fund. Retrieved 5 April 2017.
- ^ Frum, David (2001). How We Got Here: The '70s. New York, New York: Basic Books. pp. 250–251. ISBN 0-465-04195-7.
{{cite book}}: Cite has empty unknown parameter:|coauthors=(help) - ^ a b c Barnartt and Scotch, Sharon N. and Richard (2001). Disability Protests: Contentious Politics 1970-1999. Washington, D.C.: Gallaudet University Press. ISBN 978-1-56368-112-7.
- ^ a b Fleischer, Doris (2001). The Disability Rights Movement. Philadelphia: Temple University Press. ISBN 1-56639-812-6.
- ^ "Disability History Timeline". Rehabilitation Research & Training Center on Independent Living Management. Temple University. 2002.
- ^ "The Regents of the University of California. 2008. "The Disability Rights and Independent Living Movement." Berkeley, CA: The University of California Berkeley". Retrieved 6 October 2014.
- ^ "Disability Social History Project, article title Famous (and not-so-famous) People with Disabilities". Retrieved 6 October 2014.
- ^ "EDGE - Curriculum - Biology". disabilityhistory.org.
- ^ "Political Organizer for Disability Rights, 1970s-1990s, and Strategist for Section 504 Demonstrations, 1977". cdlib.org.
- ^ "Kitty Cone, Facts On File, Inc., 2009. American History Online; Facts on File information obtained from Encyclopedia of American Disability History". Encyclopedia of American Disability History.