Disability

Eighteen years ago on July 26, 1990 the Congress unanimously passed the Americans with Disabilities Act and it was signed into law by President Bush.  This was a wide ranging piece of legislation which was intended to make American society more accessible to people with disabilities.  It covered five areas of American life . These areas were: employment, public services, public accommodations, telecommunications and a miscellaneous area.

To be under the protection of the ADA an individual had to be  mentally or physically impaired substantially in one or more of his or her's major life activities .

Over the years challenges have been made to obeying this law. But more recently there have been more challenges that have been brought to the Supreme Court. Unfortunately the Supreme Court Has been very narrowly interpreting this law. This narrow interpretation has resulted in many people with disabilities left with no protection. The house of representatives passed by 402 to 17  restoration bill replacing the rights of people with disabilities that had been lost. And the new wording in the bill should not lead to the current problem in interpretation. The senate will bring this up in September and then it will be signed by our current president for our newly elected president . This is a positive turn to a very discouraging situation for people with disabilities and their families .

  I feel this is a good time to review briefly just what the 1990 ADA Law legislated.

In Employment (Title 1) Businesses were to provide reasonable accommodations to protect the rights of individuals with disabilities in all aspects of employment.This requirement could be a simple thing like lowering or raising a desk or a different kind of computer keyboard .

In public services (Title 11) state and local government and transportation could not deny services to people with disabilities . They were to have equal access to all programs or activities . And all public transportation had to be accessible to people with disabilities. A good example is our local CDTA which has an excellent lift to bring anyone with a disability easily onto their bus. Another example is the elevator to the upper floors in city hall .

In public accommodations (Title 111) all new construction and modifications had to be accessible  to individuals with disabilities. For existing facilities barriers to services had to be removed if readily achievable . Public accommodations include facilities such as restaurants, hotels, grocery stores, retail stores etc  as well as privately owned transportation systems.

From my perspective I feel this Title111 has been the most encompassing and easily recognized . I remember an incident before the ADA was passed  I had a patient who had had a stroke and was ready to get out of his house with his wheelchair . He could walk only a short distance in his home.  I suggested using a ramp then he could get out of his house easily. He laughed at me saying," What for? I could not get in anywhere, I can't climb steps in my wheelchair.  This situation should no longer exist. Of course people with disabilities have to have the resources to build a ramp and to buy a wheelchair for use outside the home if their insurance like Medicare does not pay for it. ( see my feelings on this in my blog on Electric Wheelchairs and Medicare .)

But once out of their homes there are curb cuts, ramps to get into facilities that are not on the street level, elevators in places that ramps would not be appropriate. Grocery and other stores have wheelchairs or scooters with baskets to make it easier for people. Recently our church decided to buy a wheelchair for use by anyone who might have difficulty walking in church. I remember many of my patients had wheelchairs provided by Medicare that were just too big and heavy for their spouses to put into their car to bring their partner with a disability to Church or anywhere.Hopefully this will help with that problem, 

Talecommunications (Title1V) Telecommunications companies who offer telephone service to the general public must have telephoned relay service to individuals who use Telecommunications services for the  deaf or other similar devices that might be needed .

Miscellaneous (Title V) Includes a provision prohibiting either coercing ,threatening or retaliating against the disabled of those attempting to aid people with disabilities in asserting their rights under the ADA. For more detailed information check the ADA website    http://www.ada.gov/

So when some jerk like that radio talk show host Michael Savage spews his hate by ranting against Autistic children do protest, write, or use other ways to let people know your disgust.( For more information on this incident and reactions to it check out:     http://www.aapd.com    And for more information on Autism also check out:  http://www.autism-society.org/site/PageServer  )

But then you have to move on because remarks of people like that aren't worth spending your emotional energy on. I find  that it helps to remember the good changes that have occurred due to the passage of the ADA in 1990. There has been a gradual but steady increase in society's acceptance of the disabled now that people have the opportunity to get to know and understand them. I'll talk more on other legislation that has made a difference in the lives of people with disabilities in other blogs.

Enjoy the good days of summer,

Ellie