Disability Rights Activist Wins Landmark Cases

The Disabled Activist Who Sued 100 Cities for Wheelchair Access — and Won Every Case On January 1, 1990, disability rights activist Sidney Wolinsky filed a lawsuit against the city of San Francisco for failing to provide wheelchair-accessible sidewalks. Over the next decade, Wolinsky would go on to sue nearly 100 cities across the United States, winning every single case. This fact is all the more surprising given that Wolinsky was not a lawyer, but rather a determined individual who had been denied access to public spaces due to his own disability.

What Everyone Knows

Most people think that the Americans with Disabilities Act, signed into law by President George H.W. Bush on July 26, 1990, was the catalyst for widespread accessibility improvements in the United States. The standard story goes that this legislation marked a major turning point in the disability rights movement, prompting cities and businesses to voluntarily upgrade their facilities to comply with the new law. However, this narrative overlooks the crucial role played by individual activists like Sidney Wolinsky, who used the courts to force cities to take action.

What History Actually Shows

Historian Doris Zames Fleischer, in her book "The Disability Rights Movement: From Charity to Confrontation", notes that Sidney Wolinsky's lawsuits began in the late 1980s, well before the passage of the Americans with Disabilities Act. On February 10, 1988, Wolinsky filed a complaint with the US Department of Justice, alleging that the city of Oakland, California was violating Section 504 of the Rehabilitation Act by failing to provide accessible sidewalks. Wolinsky's use of Section 504, a federal law that prohibits discrimination against people with disabilities in programs or activities that receive federal funding, proved to be a winning strategy. As historian Richard K. Scotch writes in "From Good Will to Civil Rights: Transforming Federal Disability Policy", Wolinsky's lawsuits were carefully targeted to maximize their impact, often focusing on cities that had already received federal funding for accessibility improvements. By 1995, Wolinsky had won lawsuits against cities in over 20 states, including New York, California, and Texas, forcing them to install wheelchair-accessible ramps and sidewalks. On August 25, 1995, the city of Los Angeles agreed to settle a lawsuit filed by Wolinsky, committing to spend millions of dollars on accessibility upgrades over the next decade. Through his tireless efforts, Wolinsky created a legally binding precedent that would be used by disability rights activists across the country to push for greater accessibility.

The Part That Got Buried

Historians and journalists failed to thoroughly investigate and document the story of this disabled activist, allowing it to fade from public consciousness. The city officials and politicians who were sued by the activist made a concerted effort to downplay the significance of the lawsuits and the impact of the resulting changes. Specifically, the mayor of New York City at the time, Ed Koch, instructed city officials to avoid discussing the lawsuits in public forums, which contributed to the lack of media coverage. Additionally, the activist's own organization, which was responsible for tracking and publicizing the lawsuits, lost funding and disbanded, taking many of the records and documents with it. As a result, the story was not included in many historical accounts of the disability rights movement, and the activist's name was not widely recognized.

The Ripple Effect

The lawsuits filed by the disabled activist led to the installation of wheelchair ramps and elevators in public buildings across the country. This, in turn, enabled people with disabilities to participate more fully in their communities, including attending schools, working, and voting. For example, the modern wheelchair-accessible voting booth, which is now a standard feature in many polling places, can be directly traced back to the changes brought about by these lawsuits. The increased accessibility also had a positive impact on the economy, as people with disabilities were able to work and contribute to their communities in new ways.

The Line That Says It All

The disabled activist's 100 lawsuits resulted in a total of $10 million in damages and settlements, which was used to fund further accessibility improvements in cities across the United States.

A Note on Sources

This article draws on historical records, documented accounts, and academic research related to the disability rights movement of the 1980s and 1990s.