ADA Reaches the Age of Majority

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Diane Coleman

Today is the 21st anniversary of the signing of the Americans With Disabilities Act (ADA) into law, so you might say that the ADA has reached the age of majority. I’m old enough to be able to see every day the positive differences that the ADA has brought, such as accessible buses, curb cuts, deaf relay phone service, employers that provide blind employees computer access through JAWS screen reading software, and much more.

Unfortunately, every day I also see evidence of a prevalent failure to comply with the ADA. Curbs with no cuts, stores with one-step or two-step entrances, public information materials with no large print or Braille versions, public events with no captioning or interpreting for deaf access – the list is long. And everyone who needs Medicaid home care but is instead stuck in a Medicaid nursing facility bed against their will is experiencing illegal discrimination that violates the ADA’s “most integrated setting” requirement.

The ADA has reached the age of majority, but I would speculate that the majority of changes required by the ADA have still not been made or even planned. In the legislative battles leading up to passage of the ADA, opponents asserted that accessibility and equal opportunity for people with disabilities would be devastatingly costly. After the ADA passed, some of these opponents seem to have acquired amnesia and forgotten that the law even exists. Federally funded ADA education efforts across the country have only made a dent in the problem.

While many state and local government agencies and businesses have taken the reasonable steps that the ADA requires, and deserve our patronage and respect, too many are still waiting for a complaint or an enforcement action to comply. New York has made progress in expanding access to home and community based services to free some people from institutions, but true systemic reform that makes community living the first choice available to seniors and people with disabilities has not happened.

This means that the burden of enforcement starts with us, people with disabilities, our families, colleagues and friends. We need to educate ourselves about what the ADA requires, inform violators when we experience discrimination and, if that doesn’t get results, file complaints with the appropriate government agencies.

I confess that I’m as guilty as anyone of not always taking the time and energy to make the ADA enforcement efforts that are needed, but if we don’t, who will? I can also say that it’s very gratifying to see a ramp that was constructed because of my actions. You can definitely make a difference that will benefit many others, whichever facets of the ADA become your focus.

To learn more about what the ADA requires and how to file complaints, go to Americans With Disabilities Act Power Points and www.ada.gov, or contact the Advocacy Department at CDR to join with others who are working to make the dream of the ADA, our civil rights law, a reality.