July 26th, 1990, was the day that President George H. W. Bush signed the Americans with Disabilities Act. So, the 35th anniversary of the ADA is closely upon us. We live in very divisive times, with media largely playing a role to polarize Americans from each other based on their political beliefs. While reflecting on the ADA’s passage, it highlights a time when a specific group of people, those living with disabilities, were recognized by government as deserving of basic civil rights to participate in their communities. That is not to say that the ADA did not have opposition. However, the will of the people prevailed in a law that was designed with the needs of those living with disabilities as well as the covered entities responsible for providing access.
For many, going out in public was either not straight forward or outright impossible just because they had a disability. We take curb ramps for granted in high traffic areas of every city and town; they are so ubiquitous. But that was not the case at all in many areas of the country prior to the ADA becoming law. In fact, lawmakers went on record stating that curb ramps were not necessary because people with disabilities don’t use the [inaccessible] sidewalks. Curb ramps are not common because of the goodness of everyone’s heart. Curb ramps are common because the ADA requires that they be provided.
Curb ramps are just one example of an everyday barrier for people with mobility disabilities. Access to restrooms, access to the goods and services of a business, getting inside the door in the first place; these are all barriers the ADA sought to remove. Expressing and receiving communication, universal way-finding conventions for those who can’t see, assistive listening systems for the hard of hearing; the list goes on and on.
Business groups and corporations largely opposed the ADA during the law’s development period. They cited that incorporating access into their business plans would be overly costly and ruin small businesses that struggle to survive. The law that was adopted requires no such thing. The ADA requires: that new construction be designed to allow people with disabilities to use the facilities; that altering existing facilities be done accessibly as is feasible; and that pre-existing access barriers be dealt with when it’s readily achievable to do so (meaning without much difficulty or expense). These are all very reasonable expectations that won’t threaten the viability of a business.
In other areas, the ADA allowed for systematic implementation. Transportation providers had the responsibility to acquire accessible transportation vehicles over time. Public entities could use facilities that are already accessible for public programs instead of making everyone accessible all at once. Public and private entities were to modify their policies within reason so a person with a disability is not inadvertently restricted from public access.
Title I of the ADA helps people with disabilities gain, maintain, or otherwise equally benefit from having a job. Employers with 15 or more employees are assumed to have enough resources to make reasonable judgements of how they can accommodate an employee with a disability. Accommodations enabling people with disabilities to be more independent and reduces the demand for social support, which benefits everyone.
Much of the ADA’s obligations to provide access for people with disabilities revolve around the concept of what is reasonable. While not everyone will agree on what “reasonable” means in every context, at face value this threshold relies on voluntarily making good-faith efforts to do what one can to make sure that people with disabilities aren’t unduly excluded from their communities.
There is still a way to go to reach full implementation of the ADA. Many neighborhoods still lack curb ramps. Many employers still dismiss qualified d/Deaf individuals from the chance to have a job interview. As the world changes, and we depend on digital access more and more, as a society we must step up to the challenges ahead. We must ensure that we all have an equal opportunity to access normal aspects of our lives, especially with regard to accessing our government.
Disability does not discriminate and any one of us can become disabled at any time. Many develop medical issues while aging. Some experience terrible accidents and their bodies no longer function as they once had. Some, me included, are born into disability and have no concept of anything else. This is what congress understood and why a framework was put in place with the signing of the ADA.
In 1990, when Congress voted on the Americans with Disabilities Act the House of Representatives voted:
Yes: 377 seats
No: 28 seats
Not voting: 27 seats
Vacant: 3 seats.
And the Senate voted:
Yes: 91 seats
No: 6 seats
Not voting: 3 seats
Vacant: 0 seats.
Community access for people with disabilities was an issue that the vast majority of elected officials voted in favor of, an issue that reached beyond party lines. In essence, it was a time when the idea of equal opportunity united us as a nation. Now, more than ever in my life, I see a need for Americans to find common ground and get back to what benefits everyone. The ADA shows that we can disagree with individual ideologies yet can stand united for a just and common cause. And that is worth celebrating.