"Section 504 has unlocked the door for handicapped persons to enter the mainstream of society".
- B. P. Tucker, disabilities historian
- B. P. Tucker, disabilities historian
"There would be no ADA as we know it today without the Section 504 regulation."
- James Cherry, Section 504 activist
- James Cherry, Section 504 activist
NPR, on Mary Jane Owens, a Section 504 activist:
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Section 504
of the Rehabilitation Act of 1973
"No otherwise qualified handicapped individual...shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance". - Section 504
"Enactment of Section 504 evidenced Congress' recognition that the inferior social and economic status of people with disabilities was not a consequence of the disability itself, but instead was a result of societal barriers and prejudices. As with racial minorities and women, Congress recognized that legislation was necessary to eradicate discriminatory policies and practices." - Arlene Mayerson, Directing Attorney of DREDF |
In 1971, Senator Hubert Humphrey pushed a 1964 Civil Rights Act amendment to include disability anti-discrimination rights. "Senator Humphrey had a grandchild with Down Syndrome and had learned firsthand of the discrimination faced by people with disabilities. He was determined to put an end to such discrimination as he had helped to do in 1964 with regard to people of color and women."
- David Pheiffer, Section 504 activist |
Congressional leaders persuaded him to place his additions in the Rehabilitation Act of 1972 draft.
Twice, it was passed but vetoed by Nixon.
"The most contentious part of the legislation was providing financial assistance to the state rehabilitation agencies so that persons too severely disabled to work (or so it was thought) could live independently. The Nixon administration strongly opposed this provision as a waste of money." - David Pheiffer, Section 504 activist
Reformers, eager to pass the bill, removed its requirement of independent living, and added it to the Rehabilitation Act of 1973. (click to see document)
Out of excuses, Nixon passed it. |
However, the battle for implementation was just beginning.
"DHEW [the Department of Health, Education and Welfare] contended that they had no explicit legal duty to issue a regulation under Section 504. Section 504 contained only 44 words and the legislative history was almost non-existent. DHEW spokespersons argued to me that Section 504 was a mere "policy statement" and required no regulatory action." - James Cherry, quadriplegic Section 504 activist
In response, Cherry sued HEW.
Upon winning his case, Cherry forced the department to produce regulations "modeled after previous laws which banned race, ethnic origin and sex based discrimination by federal fund recipients".
- Arlene Mayerson, Directing Attorney of DREDF
- Arlene Mayerson, Directing Attorney of DREDF
These regulations influenced the removal of policy, social, architectural and communication barriers, helping the disability movement to grow in sophistication and visibility.
The next step was forcing HEW to release the regulations and impose compliance.
"In January, 1977, Mathews refused to sign the prepared regulation, and we went back to the U.S. District Court, where he was held in contempt of court for refusing to follow the Cherry court order." - James Cherry "He did not like the idea of people who were receiving rehabilitation assistance challenging their providers on the basis of civil rights". - David Pheiffer, Section 504 activist |
Instead, he argued he was leaving office and left the job to Secretary Joseph Califano.
In office, Califano delayed.
"Like Mathews, [he] did not fully support the radical idea that people with disabilities had civil rights, nor...did he like including drug addicts and alcoholics as disabled". - David Pheiffer, Section 504 activist
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"On Tuesday, April 5, 1977, the [nonviolent, nationwide] demonstrations began... demonstrators at the HEW office in San Francisco, and at HEW headquarters in Washington, DC...[protested] until April 28, when Califano finally signed the Section 504 regulations." - David Pfeiffer, Section 504 activist NPR, on Mary Jane Owens, an activist:
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"[They set] the record for the longest sit-in of a federal building in U.S. history." - ABILITY Magazine, 2005 |
The Power of 504 - Documentary by DREDF
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On May 4th 1977, the regulations were released, giving the disability movement a burst of momentum.
"For the first time people with disabilities were viewed as a class - a minority group...This "class status" concept has been critical in the development of the movement and advocacy efforts...The history of the ADA is a testament to the movement's commitment to solidarity among people with different disabilities."
- Arlene Mayerson, Directing Attorney of DREDF |
Section 504's passage "laid the groundwork for the further development of the civil rights of people with disabilities".
- David Pheiffer, Section 504 activist
- David Pheiffer, Section 504 activist