Afrofuturism celebrates—and encourages—imagination. This Note exists to foster imagination, focusing on Blackness and disability from an Afrofuturist lens and discussing what a “glorious future” could look like for Black disabled people. Part I will describe and explore Afrofuturism and its role in our lives, the law, and social movements. In particular, it will focus on two important themes in Afrofuturism: space and time. In an Afrofuture, space represents an unexplored frontier where Black people could not only be liberated but could also build from the ground up, so to speak, and carve out a new future. Time would be recognized as malleable, ever-changing, and nonlinear, allowing Black people to reflect on the past, present, and future without restrictions. Next, Part II will explore the complicated relationship between disability and Black identity in U.S. history, as well as the impact and role Black people have played in disability movements. Using history and the Afrofuturistic themes of space and time, Part III proposes several amendments to the Americans with Disabilities Act (ADA). Under the ADA, (1) disabled Black people should have ample space to identify how and when they want; (2) a mixed-motives causation standard should be adopted when seeking damages to allow Black people with disabilities to fully tell their stories; (3) family and medical leave should be considered a reasonable accommodation to create a world where disabled Black people have the time to live, heal, and grieve; and (4) the statute of limitations included in the ADA would be less restrictive as to allow Black disabled people to experience time on their own terms. In sum, these solutions allow for space to self-identify and tell stories, and time to bring suit, grieve, heal, and live. Afrofuturist works and the legal field do not always include disabled Black people. This Note seeks ultimately to underscore that there will be disabled Black people in the future.

Continue reading “There Are [Disabled] Black People in the Future”: Afrofuturism & Disability Law.

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