transportation, state and local government services and telecommunications. The legislation sought not to “fix” people with disabilities, but rather to remove barriers within the social and physical environment that create access and engagement in every aspect of life. “From a policy perspective, the ADA boils down to treating people with disabilities with dignity and respect, focusing on individuals’ strengths and abilities, recognizing and celebrating differences, fostering self-determination and removing architectural, communication and transportation barriers,” Silverstein said. “I like to think of the ADA as an acronym for both the Americans with Disabilities Act and the American Dream for All. The ADA serves as a handle for making the promise of equality a reality for our neighbors with disabilities.” The ADA defines disability, with respect to an individual, as a physical or mental impairment that substantially limits one or more major life activities, a record or history of such an impairment or being regarded by others as having such an impairment. The ADA does not specifically list each disability that it covers. “Across our nation, mothers are giving birth to infants with disabilities, so I want to dedicate the ADA to these: the next generation of children and their families,” said Sen. Tom Harkin, chief sponsor and floor manager of the ADA on the law’s enactment. “With the passage of the ADA, we as a society make a pledge that every child with a disability will have the opportunity to maximize his or her potential to live proud, productive and prosperous lives in the mainstream of our society. We love you all and welcome you into the world. We look forward to becoming your friends, neighbors and co-workers. We say, whatever you decide as your goal, go for it. The doors are open, and the barriers are coming down.”
CSG thanks Bobby Silverstein for his contributions to this article.
THE ADA EXPLAINED TITLE I
EMPLOYMENT
Title I is designed to prohibit discrimination on the basis of disability and ensure individuals with disabilities access the same employment opportunities as those without disabilities, including access to reasonable accommodations.
TITLE II
STATE AND LOCAL GOVERNMENT
Title II prohibits discrimination against individuals with disabilities in all programs, activities and services of public entities, including state and local governments and agencies. This act also imposes standards for the operation of public transit systems and requirements for making reasonable modifications to policies, practices and procedures where necessary to avoid discrimination.
TITLE III
PUBLIC ACCOMMODATIONS
Title III requires that public accommodations do not discriminate against persons with disabilities, including making reasonable modifications to their policies and requiring that all new construction and modifications in public accommodations — such as restaurants, hotels, grocery stores, etc. — be accessible to individuals with disabilities.
TITLE IV
TELECOMMUNICATIONS
Title IV requires that telephone companies must have telephone relay services available for individuals who use telecommunication devices for the deaf (TTYs) or similar devices.
TITLE V
MISCELLANEOUS
Title V includes a provision prohibiting coercing, threatening or retaliating against individuals with disabilities or those attempting to aid people with disabilities in asserting their rights under the ADA. SOURCE: ADA.GOV
ISSUE 2 2020 | CAPITOL IDEAS
Over the past 30 years, the ADA has continued to evolve and shape state and federal legislation. Other critical policy changes have included the 1993 National Voter Registration Act, Civil Rights of Institutionalized Persons Act, the Telecommunications Act of 1996, additions to the IDEA and Rehabilitation Acts and a number of other critical supreme court rulings including Spector v. Norwegian Cruise Line Ltd. (2005), Olmstead v. L.C. (2009) and Fry v. Napoleon Community Schools (2017). Most notably, the 2008 ADA Amendments Act (ADAAA) made changes to clarify the original definition of disability under the ADA, making it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the statute.
ADA: the past
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