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54 pages 1 hour read

Judith Heumann, Kristen Joiner

Being Heumann

Nonfiction | Autobiography / Memoir | Adult | Published in 2020

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Part 3Chapter Summaries & Analyses

Part 3: “Berkeley, California: 1981”

Part 3, Chapter 9 Summary: “The Reckoning”

After the signing of Section 504, the years were challenging as Judith and her team at the CIL devised programs and strategies to implement the policies laid out within it. The American Public Transit Association complained about the cost of making transit wheelchair accessible, but the CID fought back by citing the cost as being equivalent to adding air conditioning. Judith notes that “the status quo loves to say no” (152), and her team made sure to have answers and rebuttals for any objections that came through. To this day, she believes that civil rights issues must be addressed with ingenuity, not excused away with complaints of cost or difficulties. In general, antidiscrimination laws are only enforced when someone complains about discrimination, and thus, Judith insists on the importance of speaking out and speaking back.

As complaints were brought to court, judges made rulings in every direction, showing a lack of consistency. Judith clarifies that equality is not about being the same but ensuring everyone has equal access, which means different things for different people. To combat these issues, the CIL formed the Disability Rights Education and Defense Fund (DREDF), which became “the first civil rights legal organization run by and for people with disabilities” (155). The phone constantly rang, and it seemed as though the world was waking up.

Judith and the rest of the CIL gained attention from media outlets around the world, and at one point, Judith traveled to Germany and found that nobody there spoke of the Holocaust. Thinking of this, Judith regrets that throughout her life, she has been confronted by people expecting her to be silent and refuses to do so. Next, she went to Sweden, where she saw the way their society took care of those who needed it. The thought of working internationally was exciting to her, and together with Ed and another colleague, she cofounded the World Institute on Disability (WID). They researched issues across the globe and collaborated with leaders on disability issues.

The main question was one of autonomy and independent living and how society can be designed to allow people with disabilities to live as independently as possible. She discovered that, while other countries did have superior programs in place, none seem to acknowledge disability rights as a civil rights issue except the United States. Soon after, Judith heard that Ed was being made the sole director of WID, and she and the other female director were being demoted. She considered it a sexist move, and it filled her with anger, which she used as fuel to rip “a hole in the status quo” (162).

In 1980, the Americans with Disabilities Act slowly began to form as it became clear that federal legislation that include private-sector discrimination was necessary. Republicans and Democrats worked together alongside organizations like WID to write the legislation. In 1981, the National Council on Disability (NCD) was formed, and Justin Dart, a Republican, was appointed its leader by President Reagan. Justin Dart used a wheelchair and had positive working relationships with activists and the council. Before being appointed, he worked on disability rights in Texas and internationally. With the NCD, he traveled the country, connecting with various leaders in civil rights issues and gaining their support for federal legislation as well as feedback as to what should be included. When he presented the first draft of this national policy, it was approved by the NCD council, and strategies were set into place to make it official.

At the same time, anti-ADA sentiments from businesses and institutions fought against it. As cases arose, DREDF fought them with data on how prevalent discrimination issues were. One case in 1984, Consolidated Rail Corporation v. Darrone, accused Section 504 of not being sufficient in preventing employment discrimination. DREDF buffed up the case by collecting testimonials from organizations around the country on employment discrimination and how it affected millions of people. They won the case, which paved the way for the ADA.

By 1986, the NCD had collected enough data to conclude that employment discrimination was the most prominent issue faced by people with disabilities in the United States. They drafted a report called Toward Independence which they sent to Present Reagan and Congress. It outlined the need for a federal law that guaranteed equal opportunities for people with disabilities. Although Reagan’s staff dismissed it at first, Justin Dart cited the Declaration of Independence and convinced them to push it through to the President, who endorsed it.

In April of 1988, the first draft of the ADA was presented to Congress by a Republican (Senator Lowell Wicker) and a Democrat (Congressman Tony Coelho). Although the first version failed to pass, a joint hearing in 1988 was attended by over 700 people and inspired two congressmen to ensure that disability rights would be a priority. In May of 1989, another version of the ADA was introduced to the Senate and House of Representatives and included the demand that “within two years of passage, everything would have to be accessible. Everything” (168). The final piece in the puzzle, the Leadership Conference on Civil Rights, organized various civil rights groups and rallied them to share their testimonials.

On September 7, 1989, the ADA finally passed through the Senate. Judith believes the length of time was necessary because “democracy needs checks and balances, thoughtful deliberations, analysis, negotiation, and compromise” (169). The bill got stuck in the House of Representatives, however, as they took six months to delay and deliberate. This led to a massive protest in Washington in March 1990, in which over 60 people with disabilities climbed the steps of Capitol Hill. Called the Capitol Crawl, many were on their hands and knees, pulling themselves by their arms or with the help of friends. Judith describes one girl, Jennifer Keelan, who had cerebral palsy and climbed the steps using her elbows and knees.

In July 1990, the House of Representatives passed the ADA. On July 26, it was signed by President George H. W. Bush in front of 3,000 people. Judith remarks on the significance of the moment:

After nearly twenty years of protesting—from one coast to the other, under five presidents, Republicans and Democrats—we had created what I believe to be the strongest, most comprehensive civil rights legislation for disability in the world. I was forty-one years old, and, finally, I was an equal citizen (171).

Part 3, Chapter 10 Summary: “Chingona”

Judith attended a leadership retreat for people with disabilities, hosting workshops for a friend in Eugene, Oregon. It was a beautiful evening in August, and she saw a man in a wheelchair with broad shoulders whom she found cute. A year before, Judith’s father had died of cancer, but not before advising her to think about the type of man she wanted to commit to. The man she saw was named Jorge, and he was attentive and kind. Judith learned more about Jorge the next day and invited him to a restaurant with her group. They spent the night together in Judith’s friend’s guest house, and Jorge then flew with Judith back to Berkeley for a couple of weeks. They married in May 1992.

Judith got an offer to work for the Clinton administration. She was torn between the happy life she built and the chance to work on the front lines of politics. She said she would only accept if she could work with the “Office of Special Education and Rehabilitative Services in the Department of Education” (175). OSERS was created in 1990 when the education department of HEW became its own entity, and it was pivotal in providing grants for research for WID. The interview went well and Judith was offered the job, but she worried whether she would be respected as a woman with disabilities. She also worried about leaving her support system and life in Berkeley and about the lack of accessibility and personal assistants in DC. When she voiced her fears to Jorge, he reminded her she was a “chingona…The most badass girls in the world” (177). Judith took the position.

Before being appointed, Judith flew to DC regularly to get acquainted with the position and figure out the logistics of living there. She decided that two in-home personal assistants would be needed, and she found a three-bedroom apartment to accommodate them. After a no-show, she found two assistants who agreed to move in, and Jorge found work after a grueling process of denials.

When Judith finally began working for OSERS, her first move was to ensure that people with disabilities could speak up about their needs and the issues they faced. She hired a man named Howard Moses, who had cerebral palsy, to be her deputy. They each hired who they believed to be the best person for each role in the department, many of whom had disabilities. This led to a new issue when Judith realized that the office could not accommodate their workers, so they hired more interpreters and assigned assistants to those who needed them.

OSERS also worked to implement bills and laws passed by Congress and monitored spending. They created means for everyday citizens to have a say in how these funds were spent. Their main goals were equality for children in schools and people in employment. Judith served in this position for over seven years, and she believes that her time there made an impact, particularly on those working within OSERS and how they view their ability to achieve success.

Part 3, Chapter 11 Summary: “Humans”

After working for the Clinton administration, Judith was offered a position as the first-ever Adviser on Disability and Development for the World Bank. She took several trips to India. On the first trip, she met a group of disability activists, who tell the story of a toddler whose grandmother wanted to starve to death because he was born without arms. They took the case to the police, and the boy was growing up strong. Judith noted how many people in India crawled to get from place to place, as they were not provided with wheelchairs and were shunned by society. Many of them were begging as well, and some were children who were given disabilities on purpose to earn money for a crime group.

Judith explains that people with disabilities remain vulnerable their entire lives. For example, they are far more likely to experience sexual assault. She regrets the invisibility that people with disabilities continue to experience around the world but feels empowered when she sees how some small villages in India combat stigma by supporting each other. In one similar trip to Uganda, a small boy was terrified of Judith’s electric wheelchair, which she describes as “a testament to the lack of support for disability and independence” (188). Judith also describes the implicit bias that she encounters around the world regarding disabilities, from regular people and politicians alike. People with disabilities are not included in discussions and are seen as less-than or invisible.

People with disabilities are also more likely to experience bullying, and Judith recounts one such experience. One of her superiors at the World Bank, a man with no disabilities, would constantly criticize her work. He did this to other women as well and may have been sexist. Judith regrets how she cowered when this occurred. She blames a lack of experience with people without disabilities, especially men, and how she never learned to navigate that world before.

Fast-forwarding to the Obama administration, Judith was offered a brand-new position working for the State Department, which had just overseen the UN’s creation of the United Nations Convention on the Rights for People with Disabilities (CRPD). It worked to ensure that people with disabilities around the world were seen, heard, accommodated, and included, and demanded “full equality under the law” (191). It was June of 2010, and Judith was 63. She started traveling to countries in the Middle East to learn about the issues there and how to improve the lives of people with disabilities in these nations. They determined ways to increase accessibility and inclusivity.

Judith believes that “lack of exposure and lack of knowledge” (194) are the two biggest issues that she faces when trying to achieve equality for people with disabilities. She finds that many people are unaware of disability rights as a civil rights movement and cites the fact that the ADA was passed without as much public acknowledgment as would usually be the case. There are common assumptions that people with disabilities do not benefit from the same education or work, or that they cannot perform as well. She insists that disability is an inevitable part of human life and that society should be built to accommodate and accept it.

A program called the Mandela Fellows at the State Department nominates young African youth to come to the United States for six weeks to learn about human rights activism and issues. Judith encourages them to nominate some youth with disabilities, and one was selected who immediately complained about how he would get around. Judith identifies this as a common pattern and blames societal structures. In her time in the State Department, 65 youths with disabilities were nominated as Mandela Fellows. Disability organizations were also added to the list of places where these nominees could attend their placements.

After the UN introduced the CRPD, the United States worked on the implementation. John Kerry was elected Secretary of State in 2013 and took a special interest, and people with disabilities across the country worked together to put words into action. Ultimately, the treaty was declined by the United States.

Since the passing of the ADA, wheelchair ramps, accessible transportation, and inclusion in employment and education permeated the nation. The ADA was amended and resolidified in 2008 by Congress and President George W. Bush. Later, President Obama worked to protect the ADA and hired many people with disabilities to work in the White House. He also demanded that 100,000 people with disabilities be hired in the United States. Furthermore, the Affordable Care Act provided people with disabilities the ability to get health insurance and expanded the reach of Medicaid for people with disabilities.

Part 3, Chapter 12 Summary: “Our Story”

Judith reflects on the representation of people with disabilities in Hollywood, citing examples like Star Wars and Million Dollar Baby as prime examples of the recurring trope of depicting disability “as a burden, a tragedy” (201). She challenges the reader to consider what it might be like if a story was told in which a person with a disability never wished to be anything else, like her memoir, or did not see the barriers in society as insurmountable. She feels that having a disability has presented her with unique opportunities and a community she never would have had otherwise, and it pushed her to work harder than others. Furthermore, having a disability inspired Judith to effect lasting change in the world. She insists that acquiring or being born with a disability does not have to be tragic and is just another way of being human.

When Donald Trump was elected President in January 2017, Judith wondered how America could have made this choice. The largest Women’s March in history soon followed in response. Trump reduced the Affordable Care Act’s reach and openly mocked a reporter with a disability during a speech. Information about the ADA and IDEA was stripped from the White House website. Judith stresses that although disability rights have come a long way, it is all too easy for them to be set back again. They should not be taken for granted or assumed to be ever-present, and the fight will always continue. Protests in response to Trump’s actions took place across the country. IDEA continues to be attacked, blaming children with disabilities for teachers’ failures to uphold their responsibilities and holding other children back.

In the present, people with disabilities continue to face double unemployment rates, lack of financial assistance, and social stigma. Judith stresses the need to ask what we want for society and our future and whether people want a world that is loving, accepting, and accommodating. She points to optimism as a source for change and notes that people’s fundamental beliefs about disabilities and equality still have a long way to go. Judith feels that democracy is the key to this future, as it allows people to collaborate and compromise. Judith also cites the importance of acting rather than simply feeling angry, and she believes that “every single person [has] a role in producing the change” (210). She ends her memoir by stating that segregation weakens the whole of society and reminds the reader that every person is responsible for creating a community of “love, equity, and justice” (211).

Part 3 Analysis

In Part 3 and the memoir’s conclusion, Judith reiterates her themes and restates the importance of speaking out rather than remaining silent and complacent. She feels that civil rights issues and discrimination are only addressed when people protest them. In the memoir’s Prologue, Judith described her parents’ history of escaping the Holocaust and how doing so influenced them to stand up for their beliefs and not blindly trust the establishment. They instilled these same values in Judith, who spreads them like ripples throughout her life, and who now shares them through her memoir. In this way, the memoir is a call to action, encouraging the reader to follow this path and stand up for their beliefs.

Judith also speaks on the importance of democracy in providing opportunities for people to represent themselves and their beliefs. She states that “democracy needs checks and balances, thoughtful deliberations, analysis, negotiation, and compromise” (169). Democracy is, therefore, a prime example of The Power of Unity in Effecting Change and is shown through the protests and marches, the organizations, laws, and governmental departments and treaties. A prime example of democracy in the memoir is the passing of the Americans with Disabilities Act, which was a joint effort of Republicans, Democrats, activists, and organizers across the country. Calling back to the Moses metaphor, the bill’s passage took almost a full decade. While this slow progress can be frustrating, Judith believes that it is important to allow for the time that is often required for democracy to realize itself, as change is gradual and takes effort, collaboration, and compromise. It also takes time for people to educate themselves, change their views, and implement new policies. Judith describes this as “[g]radually, excruciatingly slowly, things start to happen, and then suddenly, seemingly out of the blue, something will tip” (183), imploring the reader to maintain hope and pressure even when it feels like nothing is happening. Judith’s memoir thus becomes a testament to the step-by-step process of democracy and societal change and the ingredients required to achieve it.

In Judith’s view, Seeing Disability Differently is also about understanding that equality is not about being the same but making sure that everyone is accommodated and included and can access the same institutions, make choices for themselves, and experience autonomy. Equality, therefore, means different things for different people; a person with blindness will not need the same accommodations as someone who is deaf, someone with a learning disability, or someone who uses a wheelchair. She stresses the damaging effects of assuming all people with disabilities need the same accommodations, as people with disabilities are often accused of whining, being self-serving, or being demanding. Judith knows that this is just a technique for silencing people, and she chooses instead to speak loudly. She finds that “lack of exposure and lack of knowledge” (194) are the two biggest issues that she faces when trying to achieve equality for people with disabilities. This is represented vividly in the anecdote about the hearing in Part 2, in which Gene Eidenberg fled the room after hearing hours of testimony. Only after being confronted with real-life examples of discrimination did he understand the gravity of the situation, and the Rehabilitation Act, Section 504 passed shortly thereafter.

Judith concludes her memoir by discussing current events and looking to the future. As she writes her memoir, Donald Trump is President, and policies related to disabilities are being cut back after decades of fighting to have them instated and implemented. Judith stresses the importance of acknowledging that rights can always be taken away and that people should never become complacent, even when it seems as if everything is going their way. At any moment, the tide can shift, and progress can revert. For this reason, it is essential to never stop fighting or speaking out, insisting on progress, and pushing back against regressive policies. Currently, people with disabilities still face massive unemployment rates, social stigma, and discrimination in their daily lives. Still, Judith does not despair. She looks ahead to a brighter future, asserting that optimism, activism, and community are the keys to achieving further success for people with disabilities and other disadvantaged groups. She ends by reminding her reader that every person has a part to play in shaping a society that is based on “love, equity, and justice” (211).

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