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The Slow Winning and Fast Losing of Disability Rights in America

by Janna Sweenie, MA & David Boles, MFA · Language & Deaf Culture · 2026

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About This Book

On April 23, 2016, a warning went up in a comment thread beneath a blog entry about the ugly laws: the ADA is in danger, and the disabled are being propelled backward. Ten years later came the memorandum that proved the warning right. Back to Willowbrook is the record of how America taught itself to see disabled people as citizens, and of how fast that teaching is being unlearned.

The slow winning opens in May 1881, when Chicago made it unlawful for anyone “diseased, maimed, mutilated, or in any way deformed” to appear in public view, and it runs through the wards of Willowbrook State School, the twenty-five days in 1977 when disabled occupiers refused to leave a federal building until Section 504 was signed unchanged, and the week in March 1988 when Gallaudet students closed their university until it seated a Deaf president. It ends at the Americans with Disabilities Act. Then comes the fast losing: a 2026 memorandum that reads the ADA in a way the federal courts have rejected, work requirements that meter Medicaid by the reported hour, and an Arkansas experiment that removed 18,164 people from coverage before its results became national policy.

Inside the history stands a witness. Janna Sweenie has taught American Sign Language at New York University since 1991 and spent more than two decades as a vocational rehabilitation counselor inside the systems this book documents. Her testimony runs through these pages in the first person, beside the ordinances, transcripts, and court files of the archive. The record runs through July 2026.

Inside the Book

The book runs from a preface called The Comment Thread through five movements and seventeen chapters to a coda at the Willowbrook Mile, the memorial path on the old institution's grounds. The documents are quoted at length, because the record should speak in its own words, and two first-person voices carry testimony through the history: David in the archive, Janna in the classroom and the rehabilitation system. A Note on Language explains the book's deliberate use of Deaf and Hearing with capital letters, a glossary and selected bibliography close the volume, and questions for discussion make the book usable in classrooms and reading groups.

Movement I: The Slow Winning

Five chapters carry the century of gains. Unsightly begins with the ugly laws and the unnamed Chicago woman written into law in 1881. The Ward enters Willowbrook State School, from Senator Robert Kennedy's 1965 visit to the ordinary brass key that let a camera through Building 6 in January 1972. The Hands Refuse is Janna's own story, from a roll call in Council Bluffs to the linguistics that proved ASL a full language. Sign It Unchanged follows the twenty-five-day occupation that won Section 504 as written, and Week of the Hands follows the Gallaudet students of March 1988 to the seating of I. King Jordan.

Movement II: The Solvent

Rights survive as interpretations, and interpretations can be governed. Reversal by Interpretation opens at the Capitol Crawl of March 1990 and follows the courts as they narrowed the law the crawlers won. The Mask Returns examines benevolence as a form of control, opening on an evening at NYU's Maison Française early in the authors' marriage. Reclassification documents the June 2026 interagency agreements that redistributed the programs serving disabled children, and The Memo reads the 2026 memorandum itself, clause by clause.

Movement III: The Ledger

Eighty Hours walks through the Medicaid work requirement and the envelopes that left state agencies for millions of mailboxes between June 30 and August 31, 2026. Valid Studies weighs the evidence standard against the Arkansas experiment, whose removal of 18,164 people from coverage was published before the national law passed. The Cheap Hand follows subminimum wage from the patient labor of Souder v. Brennan to the July 2025 withdrawal of the rule that would have ended Section 14(c).

Movement IV: The Addresses

Four chapters visit the places where the reversal lives. The Window opens on March 13, 2020, when a federal memorandum sealed more than fifteen thousand nursing homes to visitors. In The Corridor, Indiana's specimen waiting-list letters are read line by line, the paperwork of years spent waiting for services. The Small Dirty Room builds a school seclusion room from the government's own file, including the blistered hands of the nine-year-old inside it. Rooms Without Witnesses begins with a ring of staff keys in a supported-living building for deaf-blind residents and asks what happens where no witness can testify.

Movement V: The Counterforce

Architectures of Refusal returns to the four demands posted at Gallaudet's gates in 1988 and teaches the technology of organized refusal: the paper, the coalition, the occupation, the lawsuit. The movement closes with Texas v. Kennedy, the case challenging the 2026 order, followed to press time, July 11, 2026, with the open questions stated plainly.

For Whom This Book Is Written

This book is written for the disability community and the Deaf community, whose history it documents and whose present it defends; for families navigating waiting lists, work requirements, and school placements this year; and for advocates, organizers, and lawyers who need the record in one place, with the sources cited.

It is also written for readers of American history and policy who want to understand how a civil rights settlement can be unwound without a single repeal vote, and for students and reading groups, who will find questions for discussion and a full scholarly apparatus in the back matter.

About the Authors

Janna M. Sweenie is an author of books on American Sign Language. She has taught American Sign Language at New York University since 1991 and served as Program Coordinator for ASL at NYU. Janna's M.A. in Deafness Rehabilitation is from NYU. She is an advocate for the Deaf, and her ASL portals can be found online at HardcoreASL.com and sosASL.com. Janna has interpreted shows for the Deaf on Broadway and has helped teach performance interpreting at Juilliard. She also advises hospitals and universities on compliance issues pertaining to the Americans with Disabilities Act. After the 9/11 tragedy she was deeply involved in Project Liberty to help the disabled come to terms with that life-changing event.

David Boles was born in the barren plains of the Nebraska flatlands, was undergraduate educated at the land grant university, and was graduate educated at Columbia University in the City of New York. His East Coast teaching credits include CUNY, NYU, Rutgers, NJIT, UMDNJ, and Fordham, and he is the host of the Human Meme podcast. He is also the editor and author of Prairie Voice, and he is your forever Boodle Boy, too. He operates Hardcore ASL, the American Sign Language learning portal, with his beloved wife, Janna, and he founded the American Sign Language course of study for the City University of New York. His books with Janna Sweenie include Day One: Learning American Sign Language in 24 Hours, American Sign Language Level 5, the Hardcore ASL textbook for Levels 1 through 7, and Hand Jive: American Sign Language for Real Life for Barnes & Noble Publishing New York.

David and Janna have collaborated on ASL education and Deaf culture publishing for decades. Their work appears at HardcoreASL.com and BolesBooks.com.

Excerpt: The Comment Thread

On April 23, 2016, at 4:45 in the afternoon, a comment was posted beneath a blog entry that was then nearly nine years old, one more voice in a conversation that had been running, in the patient way of the old web, since the first of May, 2007. The entry was called Enforcing the Ugly Laws. The comment, quoted here in whole because this book will earn the right to quote it, read:

“Thank you for sharing your experience with us, Dawn. My concern is the ADA is currently in danger and those with disabilities are being propelled backward 30 years by the current, dismal, state of our political affairs. Instead of the State helping people, we're headed back to victim-blaming for the disabled.”

Author Interview

From the Archive: August 2016

David discussing the ugly laws, the ADA, and disability rights on the Human Meme podcast in August 2016, the year of the warning this book answers.

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Further Reading

Enforcing the Ugly Laws · The First Withering in a Failing Economy · Banning Sign Language on a New Jersey School Bus · Teaching American Sign Language With a Stick · How Baby Signs Infantilized American Sign Language · Describing Skin Color in American Sign Language · The Voice Goes Off: Writing My Half of Back to Willowbrook

Language & Deaf Culture · Deaf.Mute · About Janna Sweenie · About David Boles