A Conversation with John Wodatch (Part 1 & 2)- Resources

Guest: John Wodatch, Former Chief of the Disability Rights Section, Civil Rights Division, United States Department of Justice
Host: Peter Blanck, Ph.D., J.D., Chairman, Burton Blatt Institute, University Professor, Syracuse University
Recording Date: April 27, 2022
Archive: A Conversation with John Wodatch – Part 1 | A Conversation with John Wodatch – Part 2

Contents

About the 504@50 Podcast Series

504@50 is a special interview series created in recognition of the 50th anniversary of the signing of the Rehabilitation Act of 1973. In the series, we speak with leaders of the disability rights movement who advance the cause of equal rights through their tireless work.
The 504@50 Series is produced by the Southeast ADA Center, the Burton Blatt Institute at Syracuse University and in collaboration with the Disability Inclusive Employment Policy Rehabilitation Research and Training Center. Check out the Section 504@50 website at burtonblatti8.sg-host.com

About These Episodes

John Wodatch, a nationally recognized civil rights attorney specializing in the rights of persons with disabilities, with over 40 years of experience in the federal government, joins Dr. Peter Blanck to discuss how and why Section 504 of the Rehabilitation Act became a law and the nationwide recognition that disabled people deserve equal rights. He reflects on the impact of the law and its timing, coming at about the same time as the Independent Living movement of the 1970s. He discusses how Section 504 built upon the Civil Rights Act of 1964 and advanced disability rights in critical and important ways. Mr. Wodatch discusses the ongoing debate surrounding Section 504 and looks at several court decisions. He explains the fundamental principles behind the law and how it is the legal foundation that protects the rights of people with disabilities in the United States.

In part two, our guests continue their discussion of the evolution of disability rights in America. Picking up in the 1970s where he left off, Mr. Wodatch describes the pushback against Section 504 and how it was viewed as a threat to deregulation. He also talks about other legislation, such as the Education of All Handicapped Children Act, now known as the Individuals with Disabilities Education Act (IDEA). He describes the political debate that arose over disability rights in the context of the HIV and AIDS epidemic and critical court cases, including Alexander v. Choate in 1985, that also helped disability rights. Mr. Wodatch describes social changes that occurred partly because of the HIV and AIDS epidemic in the 1980s, saying that “although [Section] 504 was precedent-setting, important and foundational, it didn’t go far enough.” As Mr. Wodatch explains, policy makers first fought for a law that protected people with HIV and AIDS from discrimination and later for a law that addressed discrimination more broadly. This process eventually led to the passage of the Americans with Disabilities Act in 1990.

Understanding Civil Rights

Civil Rights Act of 1964

U.S. Supreme Court Decisions on Civil Rights Discussed in These Episodes

  • Lau v. Nichols, 414 U.S. 563 (1974)
    The Court determined that the school system’s failure to provide supplemental English language instruction to students of Chinese ancestry who spoke no English constituted a violation of the California Education Code and Section 601 of the Civil Rights Act of 1964 because it deprived those students of an opportunity to participate in the public education program.
    Source: Oyez
    Link: oyez.org/cases/1973/72-6520
  • Southeastern Community College v. Davis – 442 U.S. 397 (1979)
    The Court decided that the college did not violate Section 504 of the Rehabilitation Act of 1973 in denying a student with a hearing impairment admission to its nursing program. This case dealt with the concepts of nondiscrimination, undue burden, and fundamental alteration.
    Source: Justia
    Link: supreme.justia.com/cases/federal/us/442/397
  • PGA Tour, Inc. v. Martin – 532 U.S. 661, 121 S. Ct. 1879 (2001)
    The Court held that Title III of the ADA prohibits the Professional Golf Association Tour, Inc. (PGA) from denying Martin equal access to its tours on the basis of his disability and that allowing Martin to use a cart, despite the walking rule, is not a modification that would “fundamentally alter the nature” of the game.”
    Source: Oyez
    Link: oyez.org/cases/2000/00-24
  • Southeastern Community College v. Davis – 442 U.S. 397 (1979)
    The Court decided that the college did not violate Section 504 of the Rehabilitation Act of 1973 in denying a student with a hearing impairment admission to its nursing program. This case dealt with the concepts of nondiscrimination, undue burden, and fundamental alteration.
    Source: Justia
    Link: supreme.justia.com/cases/federal/us/442/397
  • Alexander v. Choate, 469 U.S. 287 (1985)
    Court’s Opinion: “In 1980, Tennessee proposed reducing the number of annual days of inpatient hospital care covered by its state Medicaid program. The question presented is whether the effect upon the handicapped that this reduction will have is cognizable under [Section] 504 of the Rehabilitation Act of 1973 or its implementing regulations. We hold that it is not.”
    Source: Justia
    Link:  supreme.justia.com/cases/federal/us/469/287
  • School [Board] of Nassau County v. Arline, 480 U.S. 273 (1987)
    Court Opinion: “Section 504 of the Rehabilitation Act of 1973, 87 Stat. 394, as amended, 29 U.S.C. [Section] 794 (Act), prohibits a federally funded state program from discriminating against a handicapped individual solely by reason of his or her handicap. This case presents the questions whether a person afflicted with tuberculosis, a contagious disease, may be considered a ‘handicapped individual’ within the meaning of [Section] 504 of the Act, and, if so, whether such an individual is ‘otherwise qualified’ to teach elementary school.”
    Source: Justia
    Link: supreme.justia.com/cases/federal/us/480/273
  • Bragdon v. Abbott, 524 U.S. 624 (1998)
    This decision held that reproduction is a major life activity under the ADA and that HIV/AIDS infection is a disability under the ADA.
    Source: Justia
    Link: supreme.justia.com/cases/federal/us/524/624/#tab-opinion-1960382

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Visit the Section 504@50 website at: burtonblatti8.sg-host.com
The 504@50 Series is produced by the Southeast ADA Center, the Burton Blatt Institute at Syracuse University, and in collaboration with the Disability Inclusive Employment Policy Rehabilitation Research and Training Center.