The ADA has made great strides to ensure that people with disabilities have equal access to education, jobs, transportation and all places open to the public, but countless barriers remain. These greatly impact quality of life.
The Americans with Disabilities Act of 1990 is a federal law requiring that public accommodations be accessible to those with physical disabilities, and that existing physical barriers be replaced or modified to remove impediments to access. It is considered a civil rights law because it prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation and all public and private places that are open to the public.
We’ve come a long way, but we still have a long way to go. Children born in 1990 are now approaching their thirties. What will life be like for children with physical disabilities born today? Will there be further positive change and improvement in the next thirty years?
This article summarizes findings of a 2017 survey of 554 Americans with disabilities. The researchers found that in too many places, ADA provisions are still insufficient, and often ignored.
Access to Buildings, Transport, or a Service
More than twenty-eight percent of survey respondents said they encounter a barrier that prevents them from accessing a building, service or mode of transportation at least once a week. Twenty percent of respondents reported this happens at least once a day.
When asked about the most common challenges for wheelchair and scooter users, most complained about unsafe sidewalks, narrow passageways, blocked or unstable ramps or no ramps at all. Less frequent but still significant were issues with public transit and buildings with no wheelchair access. Moreover, those are just the problems they face on public property.
Homes Come With Hurdles
The ADA does not cover accessibility issues in private residences. Of the survey respondents who depend upon a wheelchair or a scooter for mobility, thirty-six percent said their homes were not accessible. Of that group, seventy percent said they must navigate steps before they can enter their homes. Other troublesome features include narrow doors and hallways and inaccessible bathroom fixtures, kitchen appliances and countertops.
Accessibility Requests Denied
People who want to make their homes more accessible often have to ask a landlord or condo board for permission. Unfortunately, these requests are often denied: sixteen percent of respondents said their landlord, homeowner or condo board deemed their requests unreasonable. And while people with disabilities can file a Fair Housing complaint to challenge the denial, resolution takes time.
Burdens Are Physical and Financial
Those who own their home or are permitted to make modifications are responsible for the costs. Fifty-one percent of survey respondents who said they hadn’t made their homes wheelchair accessible cited cost as the obstacle. Many individuals find coping strategies that in turn limit the possibility of independent living and may even pose safety hazards.
Conclusion
Protections may be guaranteed by the ADA on paper, but regulations are frequently ignored. Vague language in the law is often exploited. For example, an employer is not required to make an accommodation if it would impose an “undue hardship” on the operation of the employer’s business. “Undue hardship” is defined as an “action requiring significant difficulty or expense.”
Local government agencies are often satisfied with completely inadequate outcomes. Subways, buses, and public sidewalks across the country are too often unsafe and inaccessible for those with motor impairments, but nothing is done to remove the barriers.
The ongoing fight for equal accessibility rights must continue, particularly at the local level. Every local effort that achieves improved accessibility will provide lasting benefit for the adults of today and the children of tomorrow.
The ADA National Network consists of 10 regional ADA Centers and an ADA Knowledge Translation Center. Regional ADA Centers are distributed throughout the United States. Contact these centers and insist that they provide local assistance and foster implementation of the ADA.
The National Disability Rights Network (NDRN) is the membership organization for the federally mandated Protection and Advocacy (P&A) Systems and Client Assistance Programs (CAP). There is a P&A/CAP agency in every state. The P&A/CAP network is the largest provider of legally based advocacy services to people with disabilities in the United States. If you or someone you know has a disability and is experiencing problems in the areas of community living, education, or employment, call your state P&A or CAP.
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