October 15, 2018
Brian D. Joyner
Chief of Staff
National Mall and Memorial Parks
National Park Service
900 Ohio Drive SW
Washington, DC 20024
Re: RIN 1024-AE45, Comments in Response to Proposed Rulemaking: District of Columbia, National Parks, Special Regulations, Areas of the National Park System, National Capital Region, Special Events and Demonstrations
Dear Mr. Joyner:
On behalf of the Disability Rights Education and Defense Fund (DREDF), I write in response to the National Park Service’s (NPS) Notice of Proposed Rulemaking (NPRM) regarding special events and demonstrations requirements. We strongly oppose the proposal that would drastically infringe on the rights of individuals to protest and urge the NPS to withdraw it. DREDF also highlights and supports the comments submitted by the Leadership Conference on Civil and Human Rights, a coalition of which we are a member.
DREDF was founded in 1979 as a unique alliance of adults with disabilities and parents of children with disabilities. DREDF advances the civil and human rights of people with disabilities through legal advocacy, training, education, and public policy, focusing on civil rights issues that promote integration of disabled people into the mainstream of society.
DREDF opposes the proposed rules which would restrict constitutional rights to free speech and demonstration by limiting access to the White House sidewalk, assessing fees for the exercise of free speech, and limiting rapid response actions.
The independent living movement has a long and proud history of demonstrating in support of disability rights in Lafayette Park and on the White House sidewalk. For decades, advocates have gathered in small and large numbers to draw attention to the issues that affect our community of over 50 million Americans, including equal access to: healthcare, housing, employment, transportation, public accommodations, and our right to live free from discrimination and outside of an institution.
As you consider the proposed rules, we remind the NPS that one of the most lauded and memorable demonstrations for disability rights, the Capital Crawl, began on the White House sidewalk. In the spring of 1990 advocates, national disability rights organizations and activists continued the call for passage of the Americans with Disabilities Act (ADA), the bi-partisan civil rights law that prohibits discrimination against people with disabilities. To raise awareness nearly 500 people, the majority grassroots activists from ADAPT, gathered in front of the White House to launch the Wheels of Justice campaign. Demonstrators then marched to the steps of the US Capitol where 60 individuals crawled up the Capitol steps without their wheelchairs, crutches or walkers to highlight the struggles faced by the disability community and support the ADA. When President Bush signed the law into effect, he stated, “Let the shameful wall of exclusion finally come tumbling down.” 28 years later the ADA has protected the rights of millions of Americans, young and old, those born with and acquiring a disability, and our nation’s disabled veterans.
If the proposed rules restricting access to the White House are placed in effect, and fees are assessed, first amendment rights to demonstrate critical to the history and present of disabled Americans will be curtailed. In addition, limiting rapid response actions will impact the community’s ability to speak out and raise awareness in a timely manner against threats to the ADA, healthcare, and our very survival.
DREDF remains committed to a just world where all people, with and without disabilities, live full and independent lives free of discrimination. As such, we strongly oppose the NPRM put forth by the National Park Service and urge you to withdraw it.
Thank you for the opportunity to comment on the proposed rules regarding demonstrations and special events in the National Capital Region.
Sincerely yours,
Susan Henderson
Executive Director