Americans with Disabilities Act

On July 26, 1990 President George Bush (the first one) signed the law that created the Americans with Disabilities Act (ADA). Whenever I rant about someplace being inaccessible people say, "but what about the ADA?" Contrary to what many people believe, the ADA did not require the United States to become more accessible to people with disabilities. With recognition to the excellent website, A Guide to Disability Rights, here is what it does require..

The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.
 
To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

Sounds great, huh? However, it is important to know that there is a lot of "wiggle room" in how the law can be enforced.  Here are some of the law's requirements, and where the "wiggle room" shakes:

• Employers with fewer than 15 employees are not required to comply with the ADA so anyone who works for a small business, which defines most businesses in the USA, cannot make a claim based on the ADA.
• State and local governments must provide people with disabilities an equal opportunity to benefit from all their programs, services, and activities, but they are not required to take actions that "would result in undue financial and administrative burdens." They must make reasonable modifications to policies, practices, and procedures in order to avoid discrimination, unless they can demonstrate that these would fundamentally alter the nature of the service, program, or activity provided.

Note the word REASONABLE and the phrase "fundamentally alter the nature of the service..."   These are critical concepts because their meaning is not clear.  So, if a local government says that they cannot make their town offices accessible because it is unreasonably expensive then they may not have to do so. A REASONABLE accommodation might be to provide the needed service to the individual with disabilities in a location that is accessible. So now this individual or group might be able to receive the information or service, but it doesn't go very far in helping people to be included, or to be active participants.

• The transportation provisions of the ADA cover public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails, Amtrak). Public transportation authorities may not discriminate against people with disabilities in the provision of their services.  Public transport authorities must comply with requirements for accessibility in newly purchased vehicles, make good faith efforts to purchase or lease accessible used buses, re-manufacture buses in an accessible manner, and, unless it would result in an undue burden, provide paratransit where they operate fixed-route bus or rail systems.

Note the words UNDUE BURDEN.  These are very important words because it is not at all clear what they mean.   Therefore the definition of an undue burden is really only as good as the legal decision defining it, or the willingness of the business or individual to provide accommodation.

• The Public Accommodations provision of the ADA covers businesses and nonprofit service providers that are open to the public at large, or are privately owned or operated facilities. In other words, just about everyone else including transportation services provided by private businesses. (think the buses to Foxwoods, etc.) All of these must comply with basic nondiscrimination requirements, and they must also comply with architectural and access standards for buildings and communications. Modifications must be reasonable (there's that word again). Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources. (also known as not requiring an undue burden)

Simply put it means that so long as the changes are REASONABLE and do not pose an UNDUE BURDEN, then compliance with the ADA must take place. However, if it is determined that the change alters the fundamental nature of the service or activity OR where the business/non-profit/agency states that the changes are too difficult or the expense is too high, then all bets are off and it can take a long time to figure it out.

In Part 2 of this Intro to the ADA I will highlight some of the cases that have gone a long way towards expanding the people who can depend on the ADA to protect their rights, and some cases that have been less beneficial.

Mobility and Barriers

I confess...I'm 58 years old but until this past year I didn't really feel old. However, now that I can't even get discount coupons without joining Facebook or revising my world so that it fits neatly into 140 character tweets, I have decided that I have turned a corner and I am going to enter the blogosphere.  But what to write about?  Well, for almost 3 years now I have been pretty much obsessed with my mobility, or lack of mobility.  I have been obsessed and frustrated with the barriers I keep encountering.  Hence the first blog's title- Mobility and Barriers.

Writing this blog led me to the discovery that the simple word MOBILITY has way more meanings than I would have thought. And most of them have nothing to do with what I think of as mobility.   There's mobility technology, mobility across class and race in the economic world, mobility platforms for laptops, netbooks, population mobility, social mobility, and on and on.  And then there are the barriers.  Lack of cell phone coverage, lack of education, lack of opportunity, lack of money, and many many other deficiencies that keep people from moving forward whether it be in their life, or in their efforts to make a phone call or send an e-mail.

For me, mobility is the state of being in motion, especially physically.  And the barriers are those things that prevent mobility;  these include lack of access, prejudice, a lack of understanding or an unwillingness to understand, discomfort, and fear.  In the 3 years since my accident I have learned a lot about myself, about medical equipment, about the ADA, about traveling, and on an on.  But there is a whole lot left to learn and I would love the chance to share and learn from other interested people.  So comment, ask questions, give advice, share your information, and perhaps we can create an ever growing community of support and guidance.