The Dual Reality of Disability Pride Month: Progress in Technology, Challenges in Law

Composite image highlighting homelessness and disability rights. Includes a Supreme Court document titled 'CITY OF GRANTS PASS, OREGON v. JOHNSON et al.,' protest signs reading 'HOUSING NOT HANDCUFFS' in front of the U.S. Supreme Court, and a person sleeping on a bench, framed by a pink shape.

For over three decades, the Americans with Disabilities Act has been the cornerstone of ensuring rights and access for millions of Americans with disabilities. However, a quick glimpse at recent headlines reveals just how much work remains to be done to create true equality and access.

One area where we’ve seen significant progress is in the realm of technology and accessibility. Platforms like Yelp have introduced new features to make the world more accessible. Recently, Yelp announced the launch of AI-powered alt text and new ways to search for accessible businesses. These features, introduced in collaboration with American Association of People with Disabilities, Disability:IN, and The Arc of the United States allow users to search for businesses with braille menus, ADA-compliant buildings, and closed captioning on bar TVs. As Yelp’s Senior Vice President of Product, Akhil Kuduvalli Ramesh, stated, “With these new accessibility attributes, we’re excited to help businesses more clearly indicate their inclusive practices to make it even easier for people to find the right business for them.”​

Despite these advancements, recent legal developments underscore the ongoing challenges we face. The Supreme Court's decision in City of Grants Pass v. Johnson, which permits criminal penalties for people experiencing homelessness, disproportionately impacts those with disabilities. As disability rights lawyer Evan Monod writes for Slate Magazine, “At the trial court level, multiple people submitted declarations that they were not able to stay at the only shelter in Grants Pass because of their disqualifying disabilities." Justice Sotomayor’s dissent emphasized the critical issue: “Grants Pass’s Ordinances criminalize being homeless. The status of being homeless (lacking available shelter) is defined by the very behavior singled out for punishment (sleeping outside)”​

This decision echoes a dark chapter in U.S. history, where laws effectively criminalized disability. Monod highlights how “ugly laws” once prohibited disabled people from existing in public spaces, a practice that was deemed unconstitutional but seems to be resurfacing in different forms today​.

Disability Pride Month is not just a time to celebrate but also to recognize the work that remains. While we embrace technological advancements that make our world more accessible, we must also confront the systemic barriers that continue to exist.

These incidents are not isolated. They highlight the gap between the promise of the ADA and its real-world enforcement. As we celebrate Disability Pride Month, let's remember that advocacy is an ongoing journey. We need to hold institutions accountable and push for policies that ensure equal access and inclusion for all.’

The Supreme Court Just Opened the Door to the Criminalization of Disability

The Ripple Effect: How Staying Present Can Transform Advocacy

Still from Peaceful Warrior. Dan sits atop an old beat up car looking pensive. His mentor, Socrates, looks on with his had down.

In a pivotal scene from one of my favorite movies, "Peaceful Warrior," a dialogue unfolds on a bridge that has profoundly influenced my approach to advocacy. Dan, consumed by the hustle of life's demands, is suddenly plunged into the river by his mentor, Socrates. It's an unexpected, jolting act that empties Dan's mind of all but the present moment. This scene metaphorically mirrors the journey many of us embark on in the realms of disability advocacy and the pursuit of diversity, equity, and inclusion (DEI).

As a disability advocate and someone who navigates the complexities of living with chronic pain and a visual impairment along with Cerebral Palsy, I've found that embracing the present is not just beneficial but essential. The advocacy road is long, often met with setbacks and a slow pace of change that can wear down even the most resilient spirits. Yet, it's in these moments, when we're fully present, that we find the strength to persist.

The bridge scene from "Peaceful Warrior" serves as a powerful reminder of this. When Dan is thrust into the river, all distractions are stripped away, leaving him utterly immersed in the "now." This is the essence of mindfulness — a state of being entirely engaged with the present experience, devoid of external distractions. For advocates, this focus can be transformative, enabling us to navigate adversity and continue our work with renewed vigor.

Incorporating mindfulness into our advocacy efforts, especially within DEI initiatives, can act as a catalyst for systemic change. It allows us to approach challenges with clarity, ensuring our actions and words are guided by a deep understanding of the issues at hand. Moreover, it helps us to maintain our resilience, a necessary trait for navigating the demanding path of advocacy.

As we push for more inclusive and equitable workplaces, the principle of staying present guides us. It reminds us that every moment is an opportunity to effect change, to challenge biases, and to advocate for those whose voices are often marginalized. This focus not only sustains us but also amplifies the impact of our efforts, creating ripples that extend far beyond the immediate.

In embracing the present, we also open ourselves to learning and growth. We become more attuned to the experiences of those we advocate for, fostering a deeper empathy and understanding. This, in turn, enriches our advocacy, making it more effective and impactful.

As we continue to champion the causes close to our hearts, let's remember the lesson from that bridge — the power of presence. It's a tool that can help us navigate the ebbs and flows of advocacy, keeping us anchored in our mission and resilient in the face of challenges.

Championing Diversity: Unpacking the Lululemon Inclusivity Debate

A woman walks past a Lululemon Athletica store on December 10, 2013 in Miami, Florida.

As we usher in 2024 with optimism, it's a sobering reminder for me, as a disability advocate, that the journey toward true equality and inclusivity is still a work in progress. The recent remarks by Chip Wilson, the founder of lululemon, starkly exemplify this. He told Forbes, “And I think the definition of a brand is that you’re not everything to everybody… You’ve got to be clear that you don’t want certain customers coming in.” This perspective, shockingly blunt yet not unfamiliar, resonates deeply with many who have felt marginalized by corporate ideologies.

Sonia Thompson, in her Forbes article, navigates the complexities of inclusive marketing, a concept Wilson seems to have misinterpreted. She asserts that being an inclusive brand doesn’t equate to including everyone but instead involves being intentional about which identities you serve. She rightfully criticizes Wilson's approach of excluding customers based on identity, a tactic that is neither common nor widely accepted in marketing.

Wilson’s words cast a long shadow, particularly for those of us who have tirelessly fought for recognition and inclusion. His blatant admission that certain customers are unwelcome reflects not merely a business strategy but a deeper societal issue of discrimination and exclusion.

Reflecting on Chris Rock's sharp commentary from his 2023 Netflix Special 'Selective Outrage', which I had the privilege to attend in Baltimore, the issue gains an even sharper edge. Rock humorously yet incisively remarks, “They sell $100 yoga pants. They hate somebody... They sell $100 non-racist yoga pants.” His humor underscores the absurdity of exclusion based on economic status, a sentiment that resonates profoundly with the disabled community.

The stark contrast between Rock's humorous perspective and Wilson's grave stance underscores a broader societal trend of companies profiting while selectively choosing their customer base. This practice is not only ethically questionable but also counterproductive to fostering a culture of inclusivity and respect.

Thompson highlights Lululemon's growth since expanding their sizes, directly contradicting Wilson's assertion that inclusivity is detrimental to a brand. The backlash against Wilson's comments signals the public's increasing intolerance for discrimination in any form. Effective marketing illustrates how a product supports the customer in addressing their needs, not in excluding them for not fitting a certain image.

As we forge ahead in 2024, let's confront these outdated narratives and champion true inclusivity in all facets of business and society. It's time to transition from mere words to actions that demonstrate a genuine commitment to diversity and inclusion for everyone.

What Lululemon Founder’s Comments Got Right And Wrong About Marketing

Starbucks' Third Place Promise: Where Accessibility Falls Short

As a disability advocate, I've always believed in the power of inclusive design and accessibility. Today, I find myself reflecting on these values, especially as we approach Thanksgiving—a time to be thankful, yet also a time to acknowledge the work that remains in creating truly accessible spaces.

Recently, my experience at a newly renovated local Starbucks brought these issues into sharp focus. Starbucks often promotes its Third Place Policy, emphasizing a welcoming environment for all. While the staff's helpfulness and welcoming nature are commendable, the reality of navigating an inaccessible space independently tells a different story.

The renovation, which I had hoped would improve accessibility, resulted in narrower pathways, fewer seating options for those with disabilities, and a lack of automatic door buttons. This isn't just about convenience; it's about the fundamental right to access public spaces independently.

This experience isn't isolated. It reflects a broader issue highlighted in a Toronto Star article, where a new bike lane was criticized for its inaccessibility, raising questions about who designs and approves such projects. Similarly, Mark Raymond, Jr. CEO of the Split Second Foundation, emphasizes in FacilitiesNet/NFMT that the ADA was a "touchdown," but the game is far from over. He stresses the importance of going beyond ADA compliance to truly understanding the disabled experience.

As we near Thanksgiving, I am reminded that while we should be thankful for those who champion accessibility, gratitude should not be the endpoint. Acknowledging our rights to accessible spaces is one thing; actively ensuring these spaces are truly accessible is another.

Organizations, especially those like Starbucks that pride themselves on being a 'Third Place,' must realize that an environment cannot be welcoming if it cannot be independently navigated by all. This Thanksgiving, let's be thankful for progress made, but also commit to advocating for the changes still needed.

As we continue our journey towards a more inclusive world, let's remember that accessibility is not a privilege; it's a right. It's time for all organizations to listen, learn, and act.

‘Who designed this, who approved this?’ New Eglinton bike lane ‘illegal’, says lawyer and disability activist

Snapshots of Service: Pico's Dedication Amidst a Career of Change

Pico stands behind the American flag for his professional portrait at the US Department of Labor

As I sit at my desk, the hum of assistive technology filling the room, I'm reminded of the many challenges and triumphs I've faced as a disability advocate and federal employee. My early days at the U.S. Department of Health and Human Services (HHS) saw me promoting the newly minted Obamacare, a transformative period in our nation's healthcare landscape. Later, at the USPTO, I was fiercely protecting intellectual property, ensuring the sanctity of innovation and creativity. Today, I promote the impactful mission of the U.S. Department of Labor, protecting our nation's workforce.

Yet, amidst these professional milestones, there's been a constant, loyal presence by my side for the past decade - my service dog, Pico.

September marks National Service Dog Month, a time to honor the incredible animals that transform lives daily. Pico, a graduate of Canine Companions®, joined me after my tenure at HHS. As a wheelchair user with a visual impairment, navigating the world can be daunting. But with Pico, every challenge becomes surmountable. His unwavering support, especially in the workplace, has been nothing short of amazing.

Invisible disabilities, like my chronic pain, often go unnoticed. But Pico sees it all. He senses my discomfort, offering solace with a nuzzle or a comforting presence by my side. He's more than just a service dog; he's a confidant, a protector, and a never-ending source of comedy.

Recently, thanks to the talented Shawn Moore, Pico and I had a moment that encapsulated our journey. As the camera clicked, capturing Pico in his full professional glory, I felt a swell of pride. It was a moment of recognition, not just for Pico's service but for every service animal that has made a difference in someone's life.

To Pico, I say, "Thank you." Thank you for your unwavering service, for the moments of joy, and for the challenges we've overcome together. Here's to many more years of partnership, advocacy, and making a difference.

Join me in celebrating National Service Dog Month. Share your stories, honor these incredible animals, and let's continue the conversation on the importance of accessibility and inclusion in every workspace.

The Remote Work Revolution: A Catalyst for Change in Disability Law

Photo of a young woman who is working from her home office, having the cutest and the cuddliest assistant - her pet dog.

As we celebrate Disability Pride Month, let’s talk about the seismic shift in the world of work - The Remote Work Revolution - and its impact on disability law.

The COVID-19 pandemic has been a game-changer. It has shown us that remote work is not only possible but can be highly effective. But did you know that this has also been influencing disability law?

According to a Bloomberg Law review from Robert Iafolla, employers who denied requests for telework as a disability accommodation used to prevail in nearly 70% of federal court rulings pre-pandemic. However, post-pandemic, this dropped to nearly 60%! 📉

Nicole Buonocore Porter, a disability law scholar at Chicago Kent College of Law stated, “Scholars and advocates had hoped the pandemic would have moved the needle more.” She emphasized that courts need to stop “too readily deferring to whatever the employer says.”

So, what does this mean for employees with disabilities?

It means that the collective experience of remote work during the pandemic is slowly changing perceptions. The notion that in-person attendance is always essential is being challenged. 🤔

However, we still have a long way to go. Many judges continue to apply a de facto presumption against allowing remote working, often siding with employers who insist on in-person attendance.

But here’s the kicker - the U.S. Department of Labor and the Job Accommodation Network announced in May that nearly half of workplace accommodations can be implemented at no cost to employers. This includes remote work!

As a disability advocate and someone who has personally benefited from remote work, I believe it’s high time that we embrace this revolution. Let’s work toward creating inclusive work environments that recognize the diverse needs of all employees.

Covid’s Remote Work Experience Is Slowly Changing Disability Law