(P3): Legislative Advocacy-Part One

A typical hall of a legislature, with tourists, lobbyists, advocates with disabilities, and legislators moving about.

Legislative Advocacy (whether focusing on local zoning rules or appealing a lawsuit to the US Supreme Court) is the traditional arena of what has been referred to as “systems advocacy”. It includes policy, rules, regulations, and all the astounding number of areas that government touches.

As a community, we have worked on macro-frameworks, like universal special education, Social Security Disability and SSI, Medicaid, the Americans with Disabilities Act, and the downward flows from these frameworks to the state, local, and individual level.

I believe that the current macro-frameworks have largely exhausted their potential for expanding personal autonomy and choice for our community. They are becoming increasingly brittle and rigid. In fact, to the extent that these macro-frameworks represented an entitlement to expanded autonomy and freedom of choice, they have contracted more or less steadily from their initial promise to smaller and smaller opportunities for tweaking existing patterns. Along with a dramatically contracted arena of possibilities, they have all shifted from a vision of who might be eligible for their benefits to a growing effort to make it more difficult to use them. Put another way, they are no longer vehicles for expanding supports, but increasingly vehicles for denying support.

I don’t view this conclusion as hyperbole. I think that more administrative funding is spent on ways to deny eligibility and reduce supports than is spent on fostering those promises from so long ago.

These symptoms of support system aging have impacted our systems advocacy. Lawsuits are now used to prevent contraction of rights, less so to foster their possibilities. We organize and mobilize to stop disastrous outcomes rather than to foster positive ones. Our targets of change have become smaller, sometimes focusing on word changes in what exists now.

Even in the development of civil rights advocacy for communities left out of the old macro-frameworks, we use the arguments we used then, not unfairly, to expand the meaning of existing rights, without asking ourselves if the macro-frameworks can actually handle the weight of the justice they are asked to bear. Or will they simply fail to deliver?

To some decreasing extent, of course, they can. But I see them less able to produce the kinds of outcomes we would hope would represent our best take on what rights can mean to people’s lives. And now, even those more limited possibilities are shrinking in the face of relentless assault.

In summary, the system’s vehicles for rights definition, expansion, and protection, are degrading over time and we are less able to use these vehicles for our advocacy purposes.

Creative Commons Attribution 4.0 International License

Author: disabilitynorm
