Celebrating the ADA’s 34th Anniversary

Historical Background

While the ADA was signed into law, it took decades of grassroots efforts to get the bill considered. Many local advocacy groups worked tirelessly to increase awareness of the need for disability rights, held protests, hosted meetings, and gathered signatures supporting the law.

There was also a lot of attention garnered from leaders dedicated to the cause. They filed lawsuits about lack of access, testified in front of representatives, and sent a strong message through various protests. Many people would block inaccessible public transportation and sit on stairs, blocking doorways to point out the lack of wheelchair access, similar to the protests in the Civil Rights movement.

In 1973, the passage of Section 504, also known as the Rehabilitation Act, was signed into law. This made it illegal to discriminate or exclude someone based on their disability. While a historic step toward establishing equality, it did not ensure equity in practice. For example, it made a disabled person more likely to be hired out to avoid discrimination, but it did not provide equal access in the workplace, such as elevators, wheelchair ramps, and sign language interpreters.

Lawsuits and sit-ins started all over the United States to send a strong message about the enforcement of disability rights for disabled people. On May 4, 1977, regulations were added to Section 504 to expand on the requirements. This became the foundation for the ADA as we know it today.

The Power of Stories

The first draft of the ADA was introduced in the 100th Congress in April 1988 during the Regan Administration. In the two years leading up to the signing, there were numerous hearings with advocates and lawyers testifying about their experiences and how having the legislation would change their lives. At one hearing, over 700 disabled citizens with conditions and disabilities ranging from cerebral palsy, blindness, HIV, deafness, cancer survivors, and many more testified.

Each shared individual stories: not being able to take the bus to work or use the sidewalks, not having an interpreter during job interviews, being denied access to a movie theater due to their wheelchair, having to use the “back entrance” to get into a building, being denied college admission, and many more.

These stories greatly impacted legislators and increased awareness of what disabled people go through daily around the country. Finally, in a historic moment, President George H.W. Bush signed the ADA into law on July 26th, 1990.

After the ADA

After the signing, slow and gradual changes were enforced in government and private sectors to carry out the requirements of the ADA. This included curb cutouts on sidewalks, handicapped parking spots, elevators, new FM systems in auditoriums, etc. The biggest impact of the ADA was on the education and employment sector.

Classrooms and workplaces had to catch up to create accessible environments for students and employees. Additions such as large print and braille textbooks, audiobooks, automatic door openers, building ramps, increased training for staff, use of live captioning, and interpreters changed the daily experiences for many students and workers.

Challenges Ahead

Many disability advocates believe the ADA needs to be amended to reflect our modern technological advances and shore up weak enforcement areas. In the 30-plus years since its implementation, new technologies such as Artificial Intelligence and website accessibility for citizens who are DeafBlind, dyslexic, etc. Not all of these new advancements take disabled people into account.

Additionally, there are some loopholes in the ADA that advocates would like to see tightened or supported with funding programs. One loophole is that if a business can prove an accommodation would cause an “undue burden” financially or otherwise, it is not required to accommodate the disabled person. Another often-used loophole is that if a business has fewer than 15 employees, it can be exempt. Many believe there should be a way to help companies that would struggle to provide accommodations.

Also, within healthcare insurance, there is a push for greater inclusion of people with disabilities not to be denied coverage based on “pre-existing conditions.” The Affordable Care Act in 2023 was a step toward moving in that direction.

The last area for improvement with ADA is the inability to report infractions or violations and receive follow-up on outcomes. Citizens can file a complaint with ADA.gov (Department of Justice) or the Equal Employment Opportunity Commission (EEOC); however, many compare the experience to using a physical complaint box that isn’t opened.

Conclusion

The ADA was a life-changing legislation for many disabled Americans, including the deaf and hard of hearing. While there is still more work to be done, we stand on the shoulders of those who worked tirelessly to bring us where we are today. As July 26th approaches, let’s reflect on the successes of the disability rights movement and continue striving for a more inclusive future.