 What’s Happening with the Americans with Disabilities Act?
By Jack Etzel
The Americans with Disabilities Act of 1990 (ADA) is a wide-ranging
civil rights law prohibiting discrimination and providing protection
based on people’s disabilities. To find out more about the current
status of the Act, we spoke with Joan Weiss Stein, president and CEO
of another ADA—Accessibility Development Associates, Inc., a national
consulting firm with headquarters in Pittsburgh. Stein is a nationally
recognized writer, lecturer, educator, mediator and expert witness on
the subject. North Hills Monthly Magazine (NHMM): A lot has changed
in the two decades since the ADA was first introduced. Are more
changes coming? Joan W. Stein: Strides have been made, but more has
to be done. Congress amended the employment provisions of the ADA,
which went into effect on January 1, 2009, and there are revised
guidelines for facilities that are still being reviewed by the U.S.
Department of Justice. The biggest decisions have been made through
the courts, rather than more substantial changes through Congress.
NHMM: Where does a person or a family turn to learn what’s available
to a disabled person?
Stein: The best single source of information is the U.S. Department
of Justice, the federal agency responsible for the enforcement of the
public accommodations and public services provisions of the law.
Remember, any individual with a disability, or someone representing
them, can file a claim of discrimination if they feel their rights
have been violated. Despite the misconception that the ADA is a
building code, it is truly a civil rights law. The ADA is about equal
treatment, enabling millions of our neighbors, friends and ourselves
to participate in all that our communities have to offer—to work,
play, pray and spend money. NHMM: How does the Pittsburgh area stack
up to other cities when it comes to compliance? Stein: Southwestern
Pennsylvania has some unique challenges—our topography is not very
friendly to individuals with mobility disabilities. Plus, many of our
buildings are older and don’t provide room at the entrance for ramps.
However, the region has taken a strong and proactive approach over the
years to try to make the city user-friendly. That’s a smart move,
particularly when considering the strong number of seniors living
here. NHMM: Can you point to some local examples where disabled
people have benefited in recent years?
Stein: Absolutely. We were pleased to work with the Pittsburgh
Pirates on PNC Park, which offers a great example of how aesthetics,
good architecture and accessibility are seamless. You can sit in the
‘danger zone,’ just 30 feet from first or third base in a wheelchair,
and get to any of the suites, concessions and dugout, and on to the
field. We’re working closely with the Pittsburgh Penguins on the
Consol Energy Center because when Mellon Arena was built over 50 years
ago, accessibility wasn’t even a blip on the radar screen. Having a
venue like Consol will be welcoming to everyone. NHMM: Some reader
is likely questioning how designated parking places are decided at a
given business. Stein: That’s determined based on a numerical table
provided in the ADA regulations. It’s complicated, but they are a
general percentage of the total number of parking places, and must
provide space for a van or a car, signage and a lot more. I hope your
readers realize that you can’t always judge whether someone has a
right to park in that space just because they don’t have an obvious
physical disability. They may have a serious medical condition that
impacts their ability to walk.
I have a favorite story—a young college student with a severe
medical disability was getting out of her car which she parked legally
in a designated space, and with her placard hanging from her rearview
mirror. She was approached by a university employee who said ‘Funny,
you don’t look disabled.’ She quickly replied, “Funny, you don’t look
like my doctor!’ NHMM: What’s the biggest problem with the
compliance part of the ADA? Stein: Because the ADA is a
complaint-driven law and not enforced by agencies performing reviews,
the issue becomes the ‘food in the back of the refrigerator’—it keeps
getting pushed to the back and you don’t notice it until it smells.
The ADA doesn’t get attention until a business gets sued, and then
it’s bad attention. NHMM: Some politicians say it’s time to cut back
on the ADA, especially for small businesses because it costs them
money to comply. Stein: They don’t know the facts. Any business,
particularly small businesses, have to do what is ‘reasonable.’
Additionally, IRS tax credits are available to eligible small
businesses to defray those costs. Think about this: according to the
Department of Labor, people with disabilities annually have $175
billion in discretionary income. AARP reports that people over 50
spend $400 million a year. A Harris Poll concluded that people with
disabilities spend in excess of $35 million a year dining out. Do
businesses want to drive those dollars to their competitors by making
it difficult or impossible for customers to come in and spend money?
Secondly, the rate of unemployment and underemployment for people with
disabilities of working age is in excess of 70 percent. Many are
forced to survive on Social Security benefits, a tax burden, when
millions of Americans with disabilities are qualified and want to work
and become taxpayers. That’s an economic stimulus that any politician
should love. To learn more about the Americans with Disabilities
Act, visit www.ada.gov, or call the
U.S. Department of Justice at 1-800-514-0301. Phone/TTY:
1-800-514-0383
You can also reach Accessibility Development Associates, Inc. at
1-877-799-3908 or visit www.adaconsults.com. |
