The Board of Directors and staff of the Disability Rights Education and Defense Fund express our profound appreciation to Arlene Mayerson who has decided to step away from her position as founding Directing Attorney after 40 years. Arlene has led DREDF’s legal efforts with brilliance, integrity and compassion. Starting her career when disability rights law was nascent, she played a key role not only in developing and passing the seminal disability rights laws of the last four decades, but also in conceptualizing disability law’s equality principles.
Using her prodigious legal mind, her tenacity and her deep personal commitment, Arlene has persuaded policy makers, members of Congress, the courts, attorneys and advocates to embrace a progressive civil rights orientation to disability policy.
Arlene has always had the rare capacity to envision effective solutions to complex, often politically charged problems that advance a disability rights agenda. This quality has made her a key asset in drafting and negotiating major legislative initiatives. Nowhere were those skills more evident than in the pivotal role she played in the passage of the American with Disabilities Act (ADA). At the center of a legal team, she testified before several Congressional committees, advised members of Congress, drafted legislative language, prepared congressional testimony for others, and prepared educational materials for the national disability community as the bill was becoming law. Her role was acknowledged from the podium at the historic ADA signing ceremony. The US Supreme Court has also cited her testimony. Her creativity and ability to envision innovative solutions shaped the debate and strengthened the law in untold ways. Because of her pivotal role, Arlene filed comments on the first ADA regulations on behalf of 504 disability rights organizations. Arlene also played a leading role in negotiating and drafting the 1997 and 2004 amendments to the Individuals with Disabilities Education Act (IDEA). She was a key drafter and negotiator of the Handicapped Children’s Protection Act of 1986, which restored the right of parents of children with disabilities to recover attorney fees when they prevail in disputes against their school districts.
Since the 1980’s, Arlene has been involved in every key disability rights case before the U.S. Supreme Court, organizing national strategy, as counsel or consultant for a party, and representing members of Congress, former government officials and the disability community. She has also led cutting edge law reform litigation involving a wide variety of complex disability discrimination issues. For example, in 1996, shortly after the ADA took effect, Arlene successfully recruited the American Diabetes Association (ADA) to join the plaintiff in the first litigation to challenge the refusal of the largest day care provider in the country to provide basic diabetes care to children in preschool, and over the next decade DREDF, the ADA and co-counsel worked to ensure that health needs of children are accommodated throughout their school years. Along with her best friend and DREDF colleague Diane Lipton (and others), DREDF also challenged the refusal of Sacramento Unified School district to allow Rachel Holland, a girl with intellectual disabilities to attend class with her peers. In 1994 the Ninth Circuit recognized the right of Rachel to full inclusion. In the last decade, Arlene turned DREDF’s attention to the intersectional issues of race and disability by focusing on the school to prison pipeline and restraint and seclusion.
With the launch of Netflix, a new entertainment industry was born. Arlene immediately saw the need to ensure that this new creature of the Internet did not exclude people with disabilities. Arlene recruited the National Association of the Deaf (NAD) and co-counsel to initiate the Netflix case in 2011, attaining a court decision that Internet-only businesses were covered by the ADA. This landmark decision spurred a series of negotiations that ensured other Internet-only entertainment streamers provide captions, making an entire industry that did not exist when the ADA was passed accessible to the deaf and hard of hearing public.
As a highly regarded scholar and thought leader, Arlene has published numerous law review articles and a comprehensive treatise on the legislative history of the ADA. Arlene is dedicated to mentoring the next generation of disability lawyers. She invests and promotes her law associates, many of whom are now prominent disability rights lawyers themselves. Likewise, she has taught disability law for over 30 years, and received the Herma Hill Kay lecturer award from UC Berkeley.
Arlene has received awards for her work from a variety of communities, including the American Bar Association, Paul G. Hearne Award for exemplary service in furthering the rights, dignity, and access to justice for people with disabilities.
As her long and stellar career attests, Arlene possesses that rare entrepreneurial spirit so central to effectively seizing opportunities. Arlene has always been generous with her knowledge and time, investing in law associates and other staff members and is fiercely loyal to her clients. We are forever grateful to Arlene for her leadership at DREDF and for changing the world. We are fortunate that Arlene will continue to share her expertise, wisdom and knowledge as Directing Attorney Emeritus, adviser and of-counsel.
Arlene has been a most brilliant, passionate, creative, and effective civil rights attorney. The impact of her work is far-reaching, directly impacting future generations and paving the way for others who continue to fight for equity and justice. She is a lawyer and leader who is thoughtful, caring, compassionate, and exquisitely attuned to the needs of others, generous to a fault, and fiercely dedicated to the individuals she represents. She has indeed changed the world in more ways (big and small) than are possible to enumerate. Thank you Arlene!
We wholeheartedly agree!