Americans with Disabilities Act… just the beginning

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Marco Altieri

As we approach the 18th anniversary of the American’s with Disabilities Act (ADA), I have had some time to reflect on what this law has done to help end discrimination against people with disabilities.

Before I became involved in the disability community, I was very naive to the issues and what it really means to live with a disability. While I was aware of why things such as curb cuts, ramps and elevators were in public places, it never crossed my mind that there are some people whose access and integration depend on these. Without them, people with disabilities are denied access to so many things that I took for granted. In fact, the only real thought I gave to these vital accommodations were for my own personal use. “I don’t feel like walking upstairs, the elevator is so much easier.” Sadly, I believe there are many people who think like I did. Taking the elevator to “be lazy” is understandable, but we must all understand that such equipment serves a much higher purpose.

It often doesn’t dawn on many of us that there are people who absolutely have to have an elevator.Without the elevator, people are totally denied the opportunities that wait above. Taking this further, when there are steps to get into the building, people who use wheelchairs may never be able to even get in. Everyday, people are turned away from their destinations. ,

Some in our society would rather that people with disabilities depend on a “kind able bodied person” for assistance, instead of building ramps, curb cuts, elevators and other access features.

I think many of us wouldn’t ask for help if we didn’t need it, especially when we are doing something that is simply part of our daily lives. I wouldn’t ask someone to carry me because I didn’t feel like walking into a building. Imagine if you were in a wheelchair and there was no ramp outside of the building in which you worked. How comfortable would you be asking a co-worker, or a complete stranger, everyday to assist you to get inside? That would really damage your pride and your self esteem. When a slight modification would allow you to enter on your own, you can tell how the company feels about you when they do not make that modification.

You may have a basic understanding why these modifications are in place, but it doesn’t mean much when you aren’t dependent on them.

Just 18 years ago it was permissible to deny people with disabilities their basic civil rights because the law failed to protect these rights. In this country, as free Americans entitled to the same set of rights as everyone else, people were being discriminated against because they had a disability. As a country, it took 214 years to finally decide that people with disabilities should also have civil rights protected by law.

While the ADA has been led to progress in accessible transportation and preventing discrimination in employment practices, this is just the beginning. There are still people being denied equal and fair treatment based solely on the fact that they have a disability. ADA compliance is still an issue. Many complaints filed with the Federal Government are never resolved.

There are challenges that the ADA was not designed to solve. Housing remains a huge problem for people with disabilities. The ADA only addresses accessibility for common areas, like rental offices. Apartments and houses are not covered by the ADA. There are other laws that affect housing, but they are limited in scope and often lack enforcement mechanisms.

Finally, the definition of what constitutes a disability is an increasing problem, due to decisions by the US Supreme Court. You are considered to have a disability if you have seizures, but if your seizures are “under control” due to medication you are not considered to have a disability under the ADA, therefore you aren’t protected by the law. Employers can terminate your employment due to your history of seizures, and you have no legal recourse because your seizures are currently under control. Having a clear definition to who is protected under the ADA and having more stringent enforcement of this law only makes sense.

The ADA represents progress, but also potential for more progress. The rights established by the ADA should be viewed as a floor, not a ceiling. There are still so many things that need to change. As I think about what the ADA has done, I can only think that is just the beginning.