George H.W. Bush Disabilities Act of 1990

In the annals of American history, the year 1990 marked a milestone in the struggle for civil rights, as the United States Congress passed the Americans with Disabilities Act, or ADA (42 U.S.C. § 12101). This groundbreaking legislation aimed to shield individuals with disabilities from discrimination, extending protections akin to those established by the Civil Rights Act of 1964, which outlawed discrimination on the basis of race, religion, sex, national origin, and other attributes, eventually encompassing sexual orientation and gender identity as well.

The genesis of the ADA can be traced back to 1986 when the National Council on Disability proposed its enactment and drafted the first iteration of the bill. Two years later, the bill was introduced in both the House of Representatives and the Senate, garnering support from a diverse, bipartisan group of lawmakers. However, it was not without its detractors, as business interests decried the potential costs it would impose, while conservative evangelicals rejected the inclusion of protections for individuals living with HIV.

Undeterred, the bill persevered, and on July 26, 1990, President George H. W. Bush affixed his signature, enshrining the ADA into law. The passage of time necessitated an update, and in 2008, President George W. Bush signed an amended version, with the revisions taking effect on January 1, 2009.

The ADA contained four significant titles that prohibited discrimination in hiring, public activities, public accommodations, and ensured the availability of telecommunication systems for speech and hearing-impaired individuals. The ADA was seen as a bipartisan effort, drawing support from both Republicans and Democrats. As a Republican, Bush viewed civil rights for people with disabilities as compatible with the party’s approach to government. The ADA was a product of a long history of legislation and advocacy, with its roots in the Civil Rights Act of 1964 and the Rehabilitation Act of 1973. The law was widely celebrated, with a special ceremony held at the White House, and was considered one of the Bush administration’s proudest accomplishments.

The legislation, inspired by the struggles of people with disabilities and their families against societal barriers and exclusion, provided the most comprehensive affirmation of rights for disabled individuals in American history. The ADA, which covers a wide range of physical and mental disabilities, offers legal recourse against employment discrimination, sets accessibility standards for public buildings and accommodations, and establishes federal laws regarding service animals, among other provisions. The Capitol Crawl, a protest in which disability rights activists climbed the 100 steps of the Capitol building to demonstrate the lack of accessibility, significantly influenced the passage of the ADA. Despite opposition from some church groups, the bill passed overwhelmingly in both the House and Senate before being signed by President Bush, who declared, “Let the shameful wall of exclusion finally come tumbling down.”

Negotiations led to a bipartisan agreement that expanded the law’s coverage and restricted legal remedies to those prescribed in the Civil Rights Act of 1964. Despite business leaders’ concerns about the costs, the Senate passed the ADA in September 1989 with a 76-8 vote. However, complications in the House, such as the resignation of the bill’s chief sponsor and the need for multiple committee approvals, delayed its passage until spring 1990. The ADA was eventually signed into law on July 26, 1990. While some critics viewed it as a public-spirited gesture, others argued it was the most disruptive civil rights legislation in US history. The ADA’s political legacy is mixed, and although it was a significant achievement, it was not enough to keep President Bush in office.

Former President George H.W. Bush, who passed away at the age of 94, was a champion for people with disabilities, as he signed the Americans with Disabilities Act (ADA) into law in 1990. The ADA has helped millions of Americans by banning discrimination based on disability in employment and public places. The legislation was a civil rights milestone that changed the landscape of America, providing access to education, jobs, and public places for people with disabilities.

Bush himself experienced disability in the last years of his life, living with a form of Parkinson’s and using a wheelchair for mobility. The ADA helped erase the stigma associated with disabilities, and Bush did not hide his own disability during his final years. His support for the ADA demonstrated his commitment to inclusivity and equal rights, as well as his understanding of the challenges faced by people with disabilities.

In the decades since the ADA’s passage, the legislation has had a profound impact on American society. It has led to significant improvements in accessibility for public buildings, transportation, and services. The ADA has also increased awareness and understanding of the challenges faced by people with disabilities, helping to promote a more inclusive society.

Despite the progress made since the ADA’s enactment, challenges remain. Some businesses and organizations continue to resist compliance, while others struggle with the financial burden of meeting accessibility requirements. Additionally, the ongoing debate about the scope of the ADA’s protections and the definition of “disability” has led to legal battles and uncertainty.

Disabilities Included

On the twenty-eighth day of April in the year 1988, Senator Tom Harkin put forth a bill, an impassioned plea for equity, to end the discrimination that has long plagued those with disabilities. It bore the title, “A Bill to establish a prohibition of discrimination on the basis of handicap.” This historic legislation, the Americans with Disabilities Act of 1988 (S. 2346, Page 1), would ultimately lead to the more comprehensive Americans with Disabilities Act of 1990 (Page 52 and Page 1).

In the annals of American history, the ADA stands as a testament to progress and inclusivity. It encompasses a wide range of disabilities, both mental and physical, recognizing the struggles faced by those who have long been marginalized. A disability need not be severe or permanent to fall under the purview of the Act; it is the intention of the ADA to cast a wide net, encompassing all who need its protection.

Regulations set forth by the Equal Employment Opportunity Commission enumerate various conditions that qualify as disabilities, including but not limited to amputation, attention deficit hyperactivity disorder (ADHD), autism, bipolar disorder, blindness, cancer, cerebral palsy, deafness, diabetes, epilepsy, human immunodeficiency virus (HIV), intellectual disability (formerly termed mental retardation), major depressive disorder, mobility impairments (often necessitating the use of a wheelchair), multiple sclerosis, muscular dystrophy, obsessive-compulsive disorder (OCD), post-traumatic stress disorder (PTSD), and schizophrenia. Additional mental or physical health conditions may also qualify as disabilities, contingent upon the individual’s symptoms in the absence of mitigating measures, such as medication, therapy, assistive devices, or other restorative means, during an active episode of the condition (if episodic in nature).

In a landmark decision in 2022 by the United States Court of Appeals for the Fourth Circuit declared that the ADA extends its protections to individuals with gender dysphoria, thus providing vital legal safeguards to transgender individuals who may otherwise struggle to access them.

Title I – Employment

(Refer also to US labor law and 42 U.S.C. §§ 12111–12117)

Title I of the ADA focuses on the critical arena of employment. It lays out a clear mandate that a “covered entity” must not discriminate against “a qualified individual with a disability.” The law’s reach encompasses a range of employment activities, including job application procedures, hiring, advancement and discharge of employees, job training, as well as other terms, conditions, and privileges of employment.

The term “covered entities” applies to employers with 15 or more employees and extends to employment agencies, labor organizations, and joint labor-management committees. The ADA imposes stringent restrictions on when a covered entity may ask job applicants or employees disability-related questions or require them to undergo medical examinations. Moreover, all medical information must be treated with the utmost confidentiality.

Discrimination under the ADA can manifest in various forms, including, but not limited to, firing or refusing to hire someone based on a real or perceived disability, segregation, or harassment stemming from a disability. Additionally, the ADA obliges covered entities to provide reasonable accommodations for job applicants and employees with disabilities.

A reasonable accommodation represents a modification in the customary manner in which things are done to accommodate an individual’s disability. Such accommodations can take many forms, such as the provision of specialized equipment, alterations to work schedules, or changes in the way work assignments are chosen or communicated. However, employers are not compelled to provide accommodations that would constitute undue hardship, defined as excessive difficulty or expense. Despite any accommodations, the individual must still perform the essential functions of the job and meet the standard performance requirements. It is important to note that an employee or applicant engaging in the illegal use of drugs is not deemed qualified when a covered entity takes adverse action based on such usage.

Discrimination can occur in myriad ways, including against individuals with psychological disabilities. A person with a known history of mental disorders can be considered disabled. Employers with more than 15 employees must ensure fair treatment of all staff and provide any necessary accommodations. Even when an employee performs their job exceptionally well, they may still be considered disabled, and employers must continue to adhere to all policies for disabled individuals.

In a landmark case, Board of Trustees of the University of Alabama v. Garrett, the United States Supreme Court found part of Title I unconstitutional as it pertains to states. The ruling deemed that the Eleventh Amendment to the United States Constitution violated the sovereign immunity rights of states. Consequently, state employees cannot sue their employer for violating ADA rules. However, state employees can file complaints through other channels, such as administrative procedures, to address any grievances.

Title II – Public Entities and Public Transportation

Title II of the Americans with Disabilities Act serves as a bastion against discrimination for those with disabilities, ensuring their equal treatment in the public sphere. Encompassed within 42 U.S.C. §§ 12131–12165, this vital section of the Act safeguards the rights of individuals with disabilities at both local and state levels, encompassing school districts, municipalities, cities, and counties.

Public entities, bound by the regulations set forth by the U.S. Department of Justice, are required to provide unfettered access to all programs and services they offer. This access mandate encompasses not only physical access, as outlined in the ADA Standards for Accessible Design, but also programmatic access that could be hindered by discriminatory policies or procedures upheld by the public entity.

In the realm of public transportation, Title II exerts its influence through regulations implemented by the U.S. Department of Transportation. This section encompasses the National Railroad Passenger Corporation (Amtrak) and all other commuter authorities, ensuring the provision of paratransit services by public entities offering fixed-route services. Moreover, the ADA establishes minimum spatial requirements to facilitate the securement of wheelchairs on public transport.

Title II’s far-reaching scope also encompasses state and local public housing, housing assistance, and housing referrals. The Office of Fair Housing and Equal Opportunity bears the responsibility of enforcing these provisions, further solidifying the ADA’s commitment to fostering an inclusive and equitable society for all citizens, regardless of their disabilities.

Title III – Public Accommodations and Commercial Facilities (Refer to 42 U.S.C. §§ 12181–12189)

Title III of the ADA addresses public accommodations and commercial facilities, seeking to ensure that these spaces are accessible and welcoming to all, regardless of disability.

Public Accommodations

Under Title III of the ADA, discrimination based on disability is prohibited in public accommodations, which includes a wide range of privately-operated places open to the public for business. These establishments include hotels, restaurants, theaters, retail stores, service providers, public transportation stations, museums, recreational facilities, educational facilities, and social services centers.

Title III applies to both new construction and existing facilities. In the case of new construction, businesses are required to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG), which are found in the Code of Federal Regulations at 28 C.F.R., Part 36, Appendix A. For existing facilities, the ADA mandates the removal of architectural barriers where “readily achievable,” which refers to changes that can be easily accomplished without much difficulty or expense. The concept of “readily achievable” takes into account both the cost of the proposed solution and the financial resources of the business and/or its owners.

However, there are exceptions to Title III, such as private clubs, religious organizations, and historic properties. These entities may not be subject to the ADA’s requirements or may have alternative standards to follow if standard requirements would threaten the historic significance of a feature of the building.

Ground Transportation

Title III also covers ground transportation services, including taxis and buses operated by private companies. The legal status of ride-sharing companies like Uber and their obligations under the ADA remains disputed, but some judges have ruled that they are covered.

Educational Testing Services

Educational and professional testing services fall under Title III, which includes examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes.

Rights Protected by ADA Title III

Title III protects several important rights for individuals with disabilities:

Modifications in Policies and Procedures: Public accommodations must make reasonable modifications to their policies, practices, and procedures to ensure equal access for individuals with disabilities.
Auxiliary Aids for Effective Communication: Public accommodations must provide auxiliary aids and services when necessary to ensure effective communication with individuals who have hearing, vision, or other communication-related disabilities.
Removal of Architectural Barriers: The ADA requires the removal of architectural barriers in facilities where “readily achievable,” as previously explained.
Accessibility in New Construction: New buildings or buildings that have undergone major alterations must be accessible to people with disabilities, as outlined in the 2010 ADA Standards for Accessible Design.

Requirements for Web Content

Both Title II and Title III of the ADA have regulations that prohibit discrimination and ensure accessibility in web content. Title II covers state and local governments, while Title III covers public places and businesses. Under Section 508 of Title II, individuals must be granted access to electronic content provided by government agencies, including videos, PDFs, and other online materials.

Title III requires public accommodations to make reasonable accommodations, including providing auxiliary assistance for effective communication in an online setting. However, the “undue burden” rule allows for situations where private businesses may not have to comply with the ADA.

Ground Transportation Services and Educational Testing Services

Title III also encompasses ground transportation services such as taxis and buses operated by private companies, like Greyhound or Megabus. The legal disputes surrounding whether ride-sharing companies like Uber are covered by the ADA are ongoing, but several judges have ruled that they are. Educational and professional testing services, which include examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes, also fall under Title III. Examples of these tests include the ACT, SAT, LSAT, GRE, and professional tests like bar examinations for attorneys or the US Medical Licensing Examination for medical doctors.

VII. Rights Protected by ADA Title III

Title III of the ADA covers several crucial rights for individuals with disabilities. Some of the key rights include:

Modifications in policies and procedures: Public accommodations must make reasonable modifications in policies, practices, and procedures that deny equal access to individuals with disabilities. Modifications, however, are not required if they involve a fundamental alteration of the business’s goods, services, or operations.
Auxiliary aids for effective communication: Public accommodations must provide auxiliary aids and services when necessary to ensure effective communication with individuals who are deaf, blind, or have similar disabilities. The public accommodation may not charge extra for providing these aids, but an auxiliary aid is not required if it would result in an undue burden on the public.
Removal of architectural barriers: The ADA requires the removal of architectural barriers in facilities where it is “readily achievable.” This means easy to accomplish and can be done without much difficulty or expense. Tax breaks are available to many businesses for ADA accommodations.
New construction must be accessible: New buildings occupied by public accommodations after January 26, 1993, are required to be accessible to individuals with disabilities. Buildings that have undergone major alterations since then must also be accessible.

In 2010, the Department of Justice revised its regulations, stipulating that newly constructed or altered swimming pools, wading pools, and spas must provide accessible entrance and exit points for people with disabilities. This requirement, however, is contingent upon whether providing access through a fixed lift is “readily achievable.” Depending on the pool size, additional requirements may be imposed, such as a specific number of accessible entry and exit points, as outlined in Section 242 of the standards. Businesses have the flexibility to consider the nuances in the application of these rules based on whether the pool is new or altered, or whether it existed before the effective date of the new rule. Full compliance may not be necessary for existing facilities, as outlined in Sections 242 and 1009 of the 2010 Standards.

Service Animals

Understanding the Role of Service Animals under the Americans with Disabilities Act

Service animals play a vital role in assisting individuals with disabilities under the Americans with Disabilities Act (ADA). These animals, typically dogs, are trained to perform specific tasks related to a person’s disability, such as providing stability for those with mobility issues, retrieving objects for wheelchair users, or alerting a person to an oncoming panic attack or seizure.

The ADA outlines specific guidelines for businesses, non-profits, and state/local governments to ensure that individuals with disabilities who rely on service animals are not discriminated against. These guidelines protect the rights and dignity of individuals with disabilities while also shielding businesses from potential damages arising from granting access to service animals.

Businesses and government facilities must allow service animals in most places where the public is allowed, even if they have a “no pets” policy. However, emotional support, therapy, comfort, or companion animals are not considered service animals under the ADA, as they do not perform specific tasks related to a person’s disability. Service animals are not required to be certified, wear a vest or other identification, or undergo professional training.

Business proprietors can inquire whether an animal is a service animal and ask about the tasks it has been trained to perform. They cannot, however, request a demonstration of the tasks, ask for special identification, or inquire about the nature of the person’s disability. Service animals may only be removed from the premises under specific circumstances, such as when the animal is out of control, or if it poses a direct threat to the health and safety of others.

Service animals are allowed in establishments that serve food, such as restaurants, even if state or local health regulations would otherwise prohibit animals. In these cases, businesses are not required to provide care or sustenance for the service animals, nor must they designate a specific area for the animal’s relief.

Individuals with service animals cannot be subjected to additional fees or discriminatory treatment. However, if a business typically charges for property damages, a customer with a disability may be held financially responsible for any damages caused by their service animal.

In conclusion, the ADA aims to ensure that individuals with disabilities who rely on service animals are treated with respect and dignity, allowing them to participate fully in everyday life. Businesses, non-profits, and state/local governments must adhere to these guidelines to promote an inclusive and accessible environment for all.

Auxiliary Aids: Bridging Communication Gaps for People with Disabilities

One critical aspect of the ADA is its explicit coverage of auxiliary aids, which are items, equipment, or services designed to facilitate effective communication between individuals with hearing, vision, or speech disabilities and those without such disabilities.

The ADA mandates that public accommodations take the necessary steps to ensure that individuals with disabilities are not excluded, denied services, segregated, or treated differently due to the absence of auxiliary aids and services. However, there are exceptions to this requirement if providing these aids and services would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations offered or would result in an undue burden, defined as significant difficulty or expense.

The term “auxiliary aids and services” encompasses a wide range of tools and resources, including:

For individuals who are deaf or hard of hearing:

1. Qualified interpreters, either on-site or through video remote interpreting (VRI) services, Notetakers, Real-time computer-aided transcription services, Written materials and exchange of written notes, Telephone handset amplifiers and assistive listening devices, Telephones compatible with hearing aids, Closed caption decoders, open and closed captioning, including real-time captioning, Voice, text, and video-based telecommunications products and systems, such as text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices, Videotext displays and accessible electronic and information technology, Other effective methods of making aurally delivered information available

For individuals who are blind or have low vision:

2. Qualified readers, Taped texts, audio recordings, and Brailled materials and displays, Screen reader software and magnification software, Optical readers and secondary auditory programs (SAP), Large print materials and accessible electronic and information technology, Other effective methods of making visually delivered materials available

3. Acquisition or modification of equipment or devices, and

4. other similar services and actions.

Captions are one example of auxiliary aids. Since the ADA’s enactment, the use of captioning has grown, with entertainment, educational, informational, and training materials being captioned for deaf and hard-of-hearing audiences during production and distribution. The Television Decoder Circuitry Act of 1990 mandates that all televisions larger than 13 inches sold in the United States after July 1993 have a built-in decoder, enabling viewers to access closed-captioned programming. Furthermore, the Telecommunications Act of 1996 directs the Federal Communications Commission (FCC) to adopt rules requiring closed captioning for most television programming. These FCC rules on closed captioning took effect on January 1, 1998.

Title IV – Telecommunications

Title IV of the Americans with Disabilities Act (ADA) represents a significant milestone in promoting accessibility and inclusivity in the realm of telecommunications. By amending the pivotal Communications Act of 1934 and adding Section 47 U.S.C. § 225, this groundbreaking legislation mandates that all telecommunications companies operating within the United States take the necessary steps to ensure functionally equivalent services for consumers with disabilities, particularly those who are deaf or hard of hearing, and those with speech impairments.

The implementation of Title IV in the early 1990s catalyzed the installation of public teletypewriter (TTY) machines and other telecommunications devices for the deaf (TDD). Furthermore, it spurred the creation of Telecommunications Relay Services (TRS), previously known as dual-party relay services, in all fifty states and the District of Columbia. These services encompass Speech-to-Speech (STS) relay and other vital communication systems.

In the present day, numerous TRS-mediated calls are facilitated through the internet by consumers utilizing broadband connections. These calls can take the form of Video Relay Service (VRS) or text-based communication. In both cases, communication assistants act as intermediaries, translating between the signed or typed words of the consumer and the spoken words of other parties. As of 2006, the Federal Communications Commission (FCC) reported that VRS calls averaged an impressive two million minutes per month.

Title V – Miscellaneous Provisions

Title V of the ADA, comprising 42 U.S.C. §§ 12201–12213, encompasses various technical provisions. For instance, it explicitly clarifies that the ADA does not amend, override, or nullify anything contained within Section 504. Additionally, Title V contains an anti-retaliation or coercion provision, ensuring that individuals exercising their rights under the ADA or assisting others in doing so are protected from retaliatory actions.

As delineated in the Technical Assistance Manual for the ADA, this provision applies broadly to any individual or entity attempting to prevent someone from exercising their rights or retaliating against them for having done so. All forms of retaliation or coercion, including threats, intimidation, or interference, are unequivocally prohibited if their intent is to obstruct the exercise of these essential rights.

Drafting and Lobbying: The Political Journey Toward Independence and Integration

The inception of the Americans with Disabilities Act (ADA) can be traced back to Section 504 of the Rehabilitation Act of 1973. This vital piece of legislation served as the foundation for the ADA, which would eventually evolve into a more comprehensive law.

In 1986, the National Council on Disability (NCD), an independent federal agency, published a report titled “Towards Independence.” This pivotal document scrutinized the incentives and disincentives present in federal laws concerning the independence and integration of individuals with disabilities into American society. One significant barrier to independence identified by the Council was the substantial gaps that remained in civil rights coverage for people with disabilities in the United States. Consequently, the report’s primary recommendation was the adoption of comprehensive civil rights legislation, which ultimately led to the creation of the ADA.

Bipartisan support for the notion of federal legislation that would extend and enhance civil rights for millions of Americans with disabilities emerged in late 1988 and early 1989. Throughout early 1989, both Congress and the newly inaugurated Bush White House worked independently, and subsequently in collaboration, to draft legislation that would expand civil rights without imposing excessive harm or costs on those already in compliance with existing rules and laws.

Lobbying efforts played a significant role in the development and passage of the ADA. Notable activists and advocates tirelessly lobbied members of the U.S. Congress, with key figures such as Justin Whitlock Dart Jr., Patrisha Wright, and others leading the charge.

Patrisha Wright, often referred to as “the General,” is renowned for her role in coordinating the campaign to enact the ADA. She is widely regarded as the driving force behind the lobbying efforts that ultimately led to the ADA’s passage. Her unwavering commitment to this cause played a crucial part in shaping the landmark legislation that now serves to protect and promote the rights of individuals with disabilities in the United States.

Support and opposition

The Americans with Disabilities Act (ADA) garnered both steadfast support and vehement opposition from various quarters during its legislative journey.

Support for the ADA came from prominent figures like Senator Bob Dole, who advocated passionately for the bill. Emphasizing the significance of inclusive employment opportunities, Shirley Davis, the director of global diversity and inclusion at the Society for Human Resource Management, highlighted that “people with disabilities represent a critical talent pool that is underserved and underutilized”.

However, the ADA faced resistance from certain religious groups. Conservative evangelicals, for instance, opposed the legislation due to its protection of individuals with HIV, which they associated with homosexuality. The debate also led to divergent positions among religious organizations. The Association of Christian Schools International initially objected to the ADA because the original bill classified religious institutions as “public accommodations,” which would have necessitated costly structural modifications to ensure accessibility for all. Ultimately, the cost argument prevailed, and religious institutions were exempted from being labeled as “public accommodations”. Additionally, groups like the National Association of Evangelicals testified against the ADA’s Title I employment provisions, citing concerns over religious liberty and the perceived intrusion of federal government into the internal employment affairs of churches.

Business interests also raised objections to the ADA. Many companies, corporations, and business groups argued that the legislation would impose significant costs on businesses. Greyhound Bus Lines, in their congressional testimony, asserted that the ADA could potentially “deprive millions of people of affordable intercity public transportation and thousands of rural communities of their only link to the outside world.” The US Chamber of Commerce contended that the ADA’s costs would be “enormous” and could have “a disastrous impact on many small businesses struggling to survive”. The National Federation of Independent Businesses, an organization advocating for small businesses, labeled the ADA “a disaster for small business”. Pro-business conservative commentators joined the chorus of opposition, claiming that the ADA would be “an expensive headache to millions” and might not necessarily improve the lives of people with disabilities.

The “Capitol Crawl”: A Defining Moment in the Fight for Disability Rights

On March 12, 1990, an extraordinary event unfolded on the steps of the United States Capitol Building. Over a thousand disability rights activists, many with physical disabilities, congregated in front of the iconic structure. In a powerful display of determination and solidarity, they discarded their crutches, wheelchairs, powerchairs, and other assistive devices, then proceeded to crawl and drag their bodies up all 100 of the Capitol’s front steps. This bold direct action, known as the “Capitol Crawl,” is regarded by many contemporary disability activists as a pivotal act that galvanized support for the Americans with Disabilities Act (ADA) and encouraged its passage into law.

The Capitol Crawl was part of a week of demonstrations organized by ADAPT, a grassroots disability rights organization, which campaigned for wheelchair accessibility using tactics of civil disobedience. The activists were frustrated by the slow progress of the ADA through Congress, despite bipartisan support and advocacy from then-President George H.W. Bush. The ADA sought to provide stronger protections for disability rights than any U.S. law before it, promising equal opportunities for individuals with visible and invisible disabilities in employment, transportation, and public accommodations.

Among the Capitol Crawlers was Jennifer Keelan-Chaffins, an eight-year-old with cerebral palsy, who had already been protesting for two years. Captured on video, she tenaciously pulled herself up the steps, relying mostly on her hands and arms, and declared, “I’ll take all night if I have to.” The youngest participant that day, Keelan-Chaffins was motivated by a desire to be part of a community fighting for the rights of people with disabilities, like herself, to be acknowledged and accepted.

The Capitol Crawl not only united a cohesive disability movement but also underscored the importance of the ADA to the estimated 43 million people with disabilities in the United States. The day after the crawl, police arrested 104 people at an ADAPT protest inside the Capitol rotunda, including Keelan-Chaffins’ mother, Cynthia Keelan. The added attention and political pressure resulting from the Capitol Crawl and subsequent protests worked, leading Congress to pass the ADA within four months. President Bush signed it into law on July 26, 1990, proclaiming, “Let the shameful wall of exclusion finally come tumbling down.”

The ADA, modeled after the Civil Rights Act of 1964, specifically prohibited disability-based discrimination, ensuring access to buildings, public and private transportation, and equal opportunities in employment, education, and housing. However, despite the considerable progress made since the ADA’s passage, many activists acknowledge that socially, “very little has changed,” and the climb toward equity and inclusion for people with disabilities continues.

Today, the Capitol Crawl remains a testament to the strength and determination of disability rights activists who fought for recognition, respect, and equal opportunities. As the struggle for disability rights continues, the Capitol Crawl serves as a powerful reminder of the importance of activism and solidarity in creating lasting change.

Final Passage

The final version of the Americans with Disabilities Act was authored by Senator Tom Harkin (D-IA), who also served as its chief sponsor in the Senate. In a gesture of personal significance, Harkin delivered part of his introduction speech in sign language to ensure that his deaf brother could comprehend his words.

On July 26, 1990, President George H. W. Bush signed the landmark legislation into law. Acknowledging the concerns that some may have had regarding the potential vagueness, costs, or litigious nature of the ADA, President Bush sought to assuage any lingering apprehension. In his remarks, he emphasized:

“I know there may have been concerns that the ADA may be too vague or too costly, or may lead endlessly to litigation. But I want to reassure you right now that my administration and the United States Congress have carefully crafted this Act. We’ve all been determined to ensure that it gives flexibility, particularly in terms of the timetable of implementation; and we’ve been committed to containing the costs that may be incurred…. Let the shameful wall of exclusion finally come tumbling down”.

Through President Bush’s words, it was clear that the administration and Congress had been diligent in the crafting of the ADA, focusing on flexibility and cost containment to strike a balance between the needs of the disabled community and the practical considerations of implementation.

The 2008 ADA Amendments Act: Expanding the Scope of Protection

The Americans with Disabilities Act (ADA) was initially defined to cover disabilities as physical or mental impairments that significantly limit one or more major life activities, a history of having such an impairment, or being perceived as having such an impairment. The responsibility of interpreting the 1990 law in relation to employment discrimination fell upon the Equal Employment Opportunity Commission (EEOC). Consequently, the EEOC formulated regulations specifying that an individual’s impairment must “severely or significantly restrict” a major life activity.

However, on September 25, 2008, President George W. Bush signed into law the ADA Amendments Act of 2008 (ADAAA). This amendment broadened the definition of “disability,” extending ADA protections to a larger portion of the population. The ADAAA directed the EEOC to modify its regulations, replacing the stringent “severely or significantly” standard with the more inclusive “substantially limits.”

The ADAAA also expanded the list of “major life activities” to encompass a variety of tasks, including but not limited to: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Additionally, the operation of several specified major bodily functions was included. The act overturned a 1999 US Supreme Court ruling, which stated that an employee was not considered disabled if the impairment could be corrected through mitigating measures. The ADAAA explicitly requires that such impairments be determined without considering any ameliorative measures. Furthermore, it reversed the court restriction that an impairment must limit multiple major life activities to be deemed a disability. In 2008, the United States House Committee on Education and Labor declared that the amendment “makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability.” As a result, the ADAAA facilitated more comprehensive coverage for employees with impairments.

Web Content Accessibility Guidelines and the 2019 Supreme Court Decision

In October 2019, the Supreme Court declined to settle a dispute regarding whether websites fall under the purview of the ADA. The Court refused an appeal from Domino’s Pizza, allowing a U.S. 9th Circuit Court of Appeals ruling to stand. This ruling determined that the ADA safeguards access not only to physical public accommodations but also to the websites and apps associated with those businesses. By declining to address this matter, the Supreme Court left the door open for further debate and potential future rulings on the accessibility of digital spaces for individuals with disabilities.

Employment

The impact of the Americans with Disabilities Act (ADA) has been multifaceted, leading to marked improvements in accessibility to public services, the built environment, and society’s understanding of disability.

Between 1991 and 1995, following the enactment of the ADA, the employment rate for men with disabilities experienced a 7.8% decrease across all age groups, education levels, and types of disabilities. Young, less-educated, and intellectually disabled men were most affected. While no definitive causal link between the ADA and this decline has been established, some researchers have argued that the ADA might be ineffectual and could have inadvertently contributed to this decline by increasing the cost of doing business for employers. Consequently, employers may avoid hiring people with disabilities to sidestep potential lawsuits. In this context, the added expense of providing assistive technology made hiring people with disabilities financially burdensome for some employers.

However, contrasting perspectives have emerged over time. A 2001 study found that the employment rate of disabled workers, particularly for men of all ages and women under 40, had dropped sharply, leading at least two economists to attribute this decline to the ADA. Conversely, a 2003 study suggested that while the ADA might have initially prompted short-term reactions from employers, the long-term consequences on wages and employment were either positive or neutral. By 2005, the employment rate among disabled individuals had increased to 45% of the disabled population.

Case Law and Legal Developments

The general trend of case law since the Americans with Disabilities Act (ADA) was passed in 1990 has been to expand the scope and application of the Act, seeking to ensure equal access and opportunities for people with disabilities. Some of the key themes in these cases have involved:

Expanding the ADA to cover online spaces and digital services, such as in the Hotels.com case and the National Federation of the Blind v. Target Corp. case.
Clarifying the burden of proof in discrimination cases, such as in Green v. State of California, where the court ruled that the burden lies with the employee, not the employer.
Establishing the rights and accommodations for people with disabilities in public spaces and facilities, such as in Barden v. The City of Sacramento and Michigan Paralyzed Veterans of America v. The University of Michigan.
Addressing the ADA’s application to employment, including reasonable accommodations, equal opportunities, and safety concerns, as seen in cases like Bates v. United Parcel Service, Inc., Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, and US Airways, Inc. v. Barnett.
Interpreting the meaning and scope of the ADA in various contexts, such as in Access Now v. Southwest Airlines, where the court held that the ADA applies to physical spaces and not cyberspace, and in Authors Guild v. HathiTrust, where the court found that the digital library was a fair use of copyrighted works for people with print disabilities.
Applying the ADA to healthcare organizations, as in Zamora-Quezada v. HealthTexas Medical Group, where the act was used against HMOs for their practice of revoking contracts with doctors treating disabled patients.

Overall, the trend in case law since the ADA’s passage has been to clarify and expand its application, ensuring that people with disabilities have equal access to opportunities and accommodations in various aspects of daily life, such as employment, public facilities, and digital services.

Steps to Take if Title III ADA Rights Have Been Violated

If you believe your Title III ADA rights have been violated, you have several options:

Contact the manager/owner: Begin by contacting the facility or company’s manager/owner, preferably in writing. Keep a copy of the correspondence for your records.
File a complaint with the Department of Justice: If you cannot resolve the issue with the business manager/owner, you have the right to file a formal complaint with the Department of Justice.
File a lawsuit under Title III ADA: Federal courts allow you to file a lawsuit under Title III ADA within three years from the time your rights were violated.

Filing a Title III Complaint with the US Department of Justice

Detailed instructions for filing a Title III complaint with the US Department of Justice can be found on their website. You may also contact Disability Rights SC for a copy of the form. Please note that the Department of Justice is not required to investigate all Title III complaints.

ADA Mediation Program

The Department of Justice has established the ADA Mediation Program through a private contract with the Key Bridge Foundation. In mediation, a neutral person meets with you and the public accommodation to help solve the problem at no charge. Mediation may involve face-to-face meetings or telephone conferences.

Conclusion

The Americans with Disabilities Act, signed into law by President George H.W. Bush in 1990, has been a transformative piece of legislation in the ongoing struggle for civil rights and equality in the United States. With its roots in the Civil Rights Act of 1964 and the Rehabilitation Act of 1973, the ADA has provided a comprehensive framework for addressing discrimination and promoting equal access for individuals with disabilities. Although challenges remain and the fight for full inclusion continues, the ADA stands as a testament to the power of bipartisan cooperation and the enduring legacy of President Bush’s commitment to the rights of all Americans.

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