"While Congress probably intended to help people with serious handicaps, the unintended
consequence of the [ADA] has been that many people with conditions few
consider to be true handicaps are using the law to gain preferential treatment."
Happy Birthday, Americans with Disabilities
Act: The Americans with Disabilities Act is twelve years old. And much like an adolescent
child without proper education or adult supervision, the ADA continues to wreak havoc throughout the American
business community, making it arguably the most damaging piece of legislation to economic freedom in this
generation.
Congress and The
Disabled — More Harm Than Help. Studies show that the well-intentioned ADA has
actually reduced the number of disabled Americans with jobs. Now many members of
Congress want to expand the scope of the Americans with Disabilities Act to cover almost
every American.
Billion-dollar
sidewalk makeover for disabled. State transportation officials agreed Tuesday [12/22/2009]
to spend $1.1 billion over 30 years on safer sidewalks and better curb ramps to help the disabled.
The settlement, filed in federal court in Oakland, requires Caltrans to install and improve curb ramps along
state-owned highways and repair and widen sidewalks.
State
to pay unprecedented $1.1 billion to make walkways accessible to disabled. In an
unprecedented court settlement reached today, Caltrans has agreed to spend $1.1 billion over the next
30 years to repair and improve sidewalks, crosswalks and park-and-ride facilities across the state so
they are accessible for people with disabilities.
Are you able to
obey this law? In the real world, even Congress can't wish problems away. Their
well-intended solutions create nasty unintended consequences. The Americans with Disabilities
Act (ADA) is proving to be yet another sad example. Consider what an employer has to do to
try to obey the ADA. Even the job interview is a minefield.
Armless Man Couldn't Cash Check Because He Had No
Thumbprint. A Florida man born without arms says a Tampa bank would not let him cash a check
because he couldn't provide a thumbprint.
Regulation Grills Small Businesses.
Small business, which were responsible for a full two-thirds of all new jobs produced during the boom 1980s,
have been hurt disproportionately by new government mandates and regulations. Small businesses bear the
brunt of the Americans with Disabilities Act (ADA) since the costs associated with ADA compliance represent a
greater portion of company assets for a small firm than a large one. Further, even before the ADA was
passed, most large firms already had facilities to accommodate employees with disabilities.
Standing
up to the disability police: Vague legal requirements leaves every business owner vulnerable
to the threat of a lawsuit. For many small businesses, settling is more cost-effective than fighting,
even if they are really in compliance. This is banana republic governance. Make laws no one can
comply with. Enforce the laws at random. Favor your friends by selectively looking the other
way.
After more than
400 lawsuits, disabled man can sue no more. Whether Jarek Molski is a crusader for the disabled
or an extortionist who abused the law for personal gain, the vexatious litigant has filed his last lawsuit.
The U.S. Supreme Court declined Monday to hear the case of Molski vs. Evergreen Dynasty Corp., owner of a
Chinese restaurant in Solvang, Calif., in a legal Waterloo for the 38-year-old Woodland Hills man. Molski
filed more than 400 suits under the Americans With Disabilities Act before a federal judge barred him from
future litigation.
Can't Read, But Can Sue. Is a
school district asking too much when it requires its employees to read at least at a third-grade level?
Yes, according to the illiterate supervisor of a St. Louis area school district grounds maintenance crew.
The man failed to take the district up on its offer to get him reading instruction on the job, at district expense
and at a class of his choice. He was then fired for not attending classes in which he enrolled. He is
suing under the Americans with Disabilities Act.
ACLU files lawsuit against county for
treatment of TB patient. A federal lawsuit filed Wednesday by the American Civil Liberties Union
alleges that Maricopa County officials have violated the rights of a quarantined tuberculosis patient for months
by treating him as a criminal. The U.S. District Court complaint on behalf of Robert Daniels alleges health
officials and the Maricopa County Sheriff's Office have violated numerous constitutional rights and the Americans
with Disabilities Act.
Wood chips ruled
unfriendly to disabled kids. A Contra Costa County school district's use of wood chips in play
boxes makes it harder for boys and girls in wheelchairs to get to swings and slides, a violation of the
disabled children's rights, a federal judge has ruled.
UN celebrates disability treaty. The
UN is celebrating the coming into force of the Convention on the Rights of Persons with Disabilities (CRPD) —
a landmark agreement that aims to give the world's 650m disabled people full equality.
Judge Orders Treasury Department to Make Paper
Money Recognizable to Blind People. American paper money represents an unfair impediment to the
blind, and the Treasury Department must come up with new U.S. currency to help the visually impaired use cash,
a federal judge ruled Tuesday [11/28/2006]. U.S. District Judge James Robertson said keeping all U.S.
currency the same size and texture violates the Rehabilitation Act, which prohibits discrimination on the
basis of disability in government programs.
The Editor says...
Is this a problem that suddenly developed in the last few weeks? Is the circulation of money
a "government program"? Do judges have the authority to make laws? The answer to
all three questions is NO.
Update:
Government
Appeals Currency Redesign. The Bush administration on Tuesday [12/12/2006] asked an appeals court
to overturn a ruling that would require a redesign of the nation's currency to help the blind. The appeal
was filed with the U.S. Court of Appeals for the District of Columbia Circuit by Justice Department lawyers on
behalf of Treasury Secretary Henry Paulson. The appeal seeks to overturn a ruling last month by U.S.
District Judge James Robertson who ordered Treasury to come up with ways for the blind to tell the difference
between different denominations of paper currency.
Blind ambition: Reshaping
dollars to make them easier to identify. After Frank Welte finished a tuna sandwich and plate of
french fries in a San Carlos cafe Thursday, the 45-year-old blind man opened his wallet and approached the
cashier with a twice-folded $20 bill. Welte, like most of the estimated 1 million legally blind
Americans, resorts to a folded-bill system to distinguish denominations by touch: One dollar bills lay
flat, fives get creased once, tens are folded lengthwise, and twenties get the twice-over.
Legislating from the bench...
Judge: New money
design should accommodate blind. When the next generations of $5, $10, $20 and $50 bills roll
off the presses, there should be some way for blind people to tell them apart, a federal judge said
Thursday [9/4/2008]. U.S. District Judge James Robertson said he would not allow the Treasury
Department to go at its own pace as it complies with a May ruling that U.S. paper money discriminates
against the blind.
The
Discouraged Employer. Some legislation affecting jobs is so recent that it is premature to attempt
to estimate the specific impacts on labor costs and on labor supply or demand. An example is the Americans
With Disabilities Act, which took effect on July 26, 1992, in the case of employers with 25 or more workers
(and on July 26, 1994, in the case of employers with 15 or more workers). The officials charged with
carrying out the statute explain that it will take extended litigation to determine the full scope of the
vague and often sweeping provisions of the law, which covers an estimated 43 million Americans.
However, early experience indicates that the costs will be substantial. The Equal Employment Opportunity
Commission is now receiving about 1,000 ADA claims each month — on top of its already heavy caseload
dealing with other discrimination claims.
A Review and Synthesis of the Cost of Workplace
Regulations. The Americans with Disabilities Act (ADA) prohibits employment discrimination against
people with disabilities. The law mandates programs for making places of business handicapped
accessible. Furthermore, it requires accessibility modifications for customers as well
employees. The ADA also includes mandates for making public transportation and telecommunications
handicapped accessible.
Disappearing swings: In
addition to liability and safety fears, the Americans with Disabilities Act turns out to play a role in the
decline of swing sets at public playgrounds: it seems the least expensive way to make a swing set safer
is to surround it with sand, but sand is considered a non-accessible surface for wheelchairs which makes it
suspect under the ADA.
Deaf sue to force closed-captioning
of Redskin football. "The National Association of the Deaf has filed a lawsuit against the
Washington Redskins to get team officials to offer closed-captioning for the deaf and hearing-impaired at
FedEx Field." The lawsuit cites the Americans with Disabilities Act.
Target sued: website not
accessible to the blind. The National Federation of the Blind (NFB), represented by Berkeley's
Disability Rights Advocates as well as two law firms, has sued discounter Target, alleging that it violates
California disabled-rights law because its website is not operable by blind computer users.
Wal-Mart job pays
millions. Who says you'll never get rich working at Wal-Mart? A federal magistrate judge
has just approved a $2.8 million award for disability-based discrimination on behalf of plaintiff
Patrick Brady, who suffers from cerebral palsy. The company's offense? It "violated federal
and state laws by making a prohibited inquiry [relating to his disabilities] before giving Brady an
employment offer.
Arf! Arf! Arf! Arf! Arf! Arf! Arf!
Arf! A federal jury in Detroit has awarded $300,000 in punitive damages and $14,209 in actual
damages to Joyce Grad, saying the Royalwood cooperative apartment association in suburban Royal Oak violated
her rights under the federal Fair Housing Act when it declined to waive its no-pets policy to permit her to
bring in an emotional-assistance dog.
Bill would allow legally blind Texans to
hunt. A state lawmaker wants to make sure no Texan is left out when it comes to hunting, even if
the hunter is legally blind. Rep. Edmund Kuempel, a Seguin Republican, has filed a bill for the 2007
legislative session that would allow legally blind hunters to use a laser sight, or lighted pointing
instrument. The devices are forbidden for sighted hunters.
Disability Laws Fleece Mom & Pop
Shops. The latest trial lawyers' parlor game is suing small mom-and-pop
establishments — particularly restaurants — over minor violations of federal and state
laws protecting the disabled. Bathroom mirrors that are inches too high, paper towel dispensers that
are difficult to reach by people in wheelchairs, doors that are allegedly too heavy for the disabled to open
by themselves, and other such violations are prompting lawsuits rather than requests that the problems be
corrected.
Wheelchair ramp will
cost $100,000 a foot. Where else but San Francisco City Hall could a 10-foot-long wheelchair
ramp wind up costing $1 million? Thanks to a maze of bureaucratic indecision and historic
restrictions, taxpayers may shell out $100,000 per foot to make the Board of Supervisors president's perch
in the historic chambers accessible to the disabled.
Wheelchair
fight begins in San Francisco. Gloria Chan, a spokeswoman for the city's Department of Public Works,
estimated that the lowest the ramp project price could go was $780,000 by keeping work "in house" instead of
using outside contractors. Peskin's proposal to rope off the area and make modifications to the existing
ramps and supervisors' desks would cost about $547,000, Chan said.
Wheelchair ramps in the high alpine
zone: The Americans with Disabilities Act led to the installation of a wheelchair ramp at
Galehead Hut in northern New Hampshire, which is "perhaps the most inaccessible" of the Appalachian Mountain
Club's historic system of White Mountain huts and can be reached only by hiking over very rugged terrain.
ADA Lawsuit
Abuse: Businesses of all sizes and types … have been targeted by what they call "ADA
frequent filers" who file look-alike lawsuits where a single plaintiff and his/her lawyers file lawsuits
alleging the same violation against numerous small businesses in a particular area. … For example, one
plaintiff specializes in alleging toilet paper dispenser heights don't meet the ADA-required 40 inches, causing
him emotional pain, humiliation and physical injuries. He has filed more than 700 ADA lawsuits in
California and collected millions from California small businesses in settlements. Another plaintiff has
filed more than 1,300 ADA access lawsuits since 1998; many against small, family-owned Northern California
wineries. Another plaintiff targeted more than 300 businesses in San Diego, using the same attorney
to file all the cases.
What is Section 508? If you produce videos
or webcasts for federal agencies or receive federal funds for programs, you must comply with
Section 508. In 1998, Congress amended the Rehabilitation Act to require Federal Agencies to make
their electronic and information technology accessible to people with disabilities. The amendment is
known as Section 508 and it specifies the standards defining how Federal agencies must make their
electronic and information technology accessible to people with disabilities.
Why Lawsuit Abuse Continues in
California: California's business climate suffered another blow [in May 2005] when the Senate
judiciary committee killed SB 855, a measure that would have closed another loophole for unscrupulous
attorneys who shake down California's small businesses.
Frivolous Lawsuits in California: A rapidly
emerging source of frivolous, shakedown lawsuits is the Americans with Disabilities Act, more specifically the
California version of that federal law. Restaurants, hotels, and businesses of all types have become
targets of lawsuits for ADA violations. The major problems include an inability of businesses to get
certification that their business complies with the law, a lack of protection from future lawsuits when the
violation is settled, and no time to fix a violation before a plaintiff sues. These problems discourage
compliance with ADA because a plaintiff can sue anyway.
ADA and Its Discontents. The Americans with
Disabilities Act is a costly and flawed attempt for Washington to impose it usual one-size-fits-all,
Washington-knows-best "solution" upon local communities. Rather than allowing local governments the
flexibility to determine how to deal with the problem of handicapped accessibility, the ADA gives power to
unelected federal bureaucrats and judges to impose requirements on local communities with little or no
consideration of the costs or benefits.
34 People Accused Of Fat Fraud. U.S.
Attorney's Office announced Thursday the arrest of 34 people who investigators said defrauded social security
using obesity as an excuse not to work. The 34 Miami-Dade County residents who were named in 25 separate
indictments allegedly claimed that they were so overweight that they were unable to work. Investigators
said not a single one of those indicted had a legitimate claim to benefits.
Note: The material about "closed captioning" has been moved to
this page.
Deaf group files lawsuit against movie
theaters. Invoking the Americans with Disabilities Act, eight hearing-impaired persons in
Portland, Oregon have filed what aspires to the status of a national class action seeking to force three
large cinema chains, Regal, Century, and Carmike, to install closed captioning devices for films in
their theaters.
ADA
Goes to the Movies. The movie-theater snob looks for big screens, high-end sound,
legroom, and the newest innovation, stadium seating. If you're a movie-theater snob,
chances are you worship at the altar of AMC theaters because they are the gold-standard of
the cineplex world. So naturally, the Department of Justice is trying to put them
out of business.
Put out that
match. Environmental activists are stepping up efforts to curb agricultural
burning, a practice common among farming peoples since prehistoric times. One pressure
group in Washington state filed a complaint a year and a half ago charging that the state was
violating the Americans with Disabilities Act by issuing permits to wheat farmers to burn the
stubble of their fields, the argument being that the smoke from the practice could aggravate
existing respiratory distress among the disabled.
Under the ADA, We May All Be
Disabled. Karen Sutton and Kimberly Hinton want to be classed as legally disabled
on account of their poor eyesight. There's just one catch: it seems the two sisters
can see pretty much as well as the rest of us. Ah, their lawyers say, but that's when
they're wearing glasses! Ditch the specs, and they're badly nearsighted. Last month,
the Supreme Court heard arguments on whether the physical condition of persons wishing to sue
under the ADA should be considered in its "unmitigated" state, that is, before any remedial
steps have been taken.
Congressional Coverage.
Congress refuses to obey many of the laws it imposes on ordinary Americans. Nearly a score of federal
laws — including the Civil Rights Act, Americans With Disabilities Act, and Family and Medical Leave
Act — either do not cover Congress at all or apply to Congress differently than to the rest of the
country. Congress's habit of exempting itself from laws that burden citizens, businesses, and state and
local governments is fundamentally undemocratic and makes legislators careless about the regulatory and
financial costs of legislation.
Motel Owners Sued For ADA
Violations. When Karla and Richard Hauk of Wall, South Dakota converted two of their rooms at
their newly-opened Days Inn into handicapped-accessible rooms, they thought they were doing the right thing to
help the disabled. But their act of kindness only generated a U.S. Justice Department lawsuit alleging
violations of the Americans with Disabilities Act that almost drove the couple out of business.
Americans with Disabilities Act vs. The
Internet: Common sense may seem in short supply in today's litigation-happy world, but it got a
boost recently from — of all places — Florida, where a federal judge tossed out a lawsuit
claiming that Southwest Airlines' Web site violated the Americans with Disabilities Act. The decision is
good news for the Internet, and for consumers, because it blocked what likely would have become
regulation-by-litigation of Web site design.
Shame on Casey Martin. Instead of
gracefully accepting his inability to beat able-bodied opponents under the rules of an organization he
voluntarily joined, Martin chose to force his way into PGA competition by invoking the Americans with
Disabilities Act, a law requiring "reasonable modifications" to accommodate the handicapped. At Martin's
request, a federal court forced the PGA Tour to change its rules and let Martin ride in a motorized cart, while
everyone else walked.
Regulatory absurdity!
The average American would be hard-pressed to think of one single action they can take during the course of any
normal day that is not in some way or another controlled or influenced by a government regulation.
Private
Homeowners Could be Forced to Provide Access to Disabled: An Illinois man wants local building
codes changed so that even newly-built private homes where none of the residents need special access would still
have to be made accessible to people with disabilities.
ADA Generates a Flood Of Discrimination
Claims: Critics say the Americans With Disabilities Act is being used as a club against
employers by some workers who are filing spurious claims.
The Disabilities of ADA
Regulations: The Americans With Disabilities Act of 1990 (ADA) is a prime example of the
shortcomings of government regulation — even those born out of the best intentions.
Handicapping Freedom: The Americans with
Disabilities Act The ADA is one of the worst cases of the Bush-era reregulation of the
economy. It runs contrary to the goals of the Republican Contract With America as well as sound policy
principles because it devalues private property, burdens businesses, and imposes unfunded mandates on state and
local governments. If Congress is serious about lifting the regulatory burden from the economy, it must
consider major changes in, if not outright repeal of, the ADA.
The unintended consequences of the
Americans with Disabilities Act: Contrary to the intent of the backers of the Americans with
Disabilities Act, the ADA makes the disabled less employable. [PDF document]
The Americans with Disabilities Act: Time for
amendments. "Contrary to the claims of its proponents, the ADA imposes significant costs on
American business firms and governmental entities. Indeed, the ADA so zealously pursues its mainstreaming
goal that individuals, businesses, and governmental bodies must make expensive accommodations to ensure full
integration even when less costly, more convenient alternatives ... are available."
Expanding Definitions and
Suspicious Statistics: One way of telling whether a given statistic is a fact or an artifact is
to ask whether the definition used fits the thing that is being defined. Buried in the news story about the
children with disabilities is the fact that the definition of "disability" has been expanding over the years.
Somewhat related:
Self-reliance
matters. Consider a recent story out of Connecticut. A Bridgeport city councilman
has proposed a new law that would require all public bathrooms to have a coat hook. Why? Because,
he says, no one should be forced to put their belongings on the floor of a public bathroom. Mandatory
coat hooks? Do they need to be brass or silver? Give me a break!
"Handicapped" In The People's
Republic of Santa Monica: The Santa Monica City Council is now considering a law —
repeat, a law — mandating that private homeowners spend their own money to make their homes handicap
"visitable." But what about the Constitution? What about property rights? This is the
People's Republic of Santa Monica, remember? The land of below-market rent-controlled apartments
whose tenants drive BMWs while their landlords drive Hondas.
Crippling
Thoughts: The ADA's powerful psychological hold.
Disabled should play the
hand they're dealt, not demand new rules. A multitude of new "disabilities" are being uncovered by
trial lawyers and ADA administrators. Many of the cases are plain nutty. While discrimination should
not be allowed, the disabled might thrive — and we would be awed — by their achievements
through adversity.
Misplaced compassion
Wreaks Havoc: In deciding that a disabled professional golfer has the right to use a golf cart,
disbarred by the association that sets rules for the tourneys, the Supreme Court has insinuated the Federal
Government into one more meaningless facet of our lives.
Bill Proposed To Curb ADA Suits:
Passed in 1990, the ADA was considered a landmark piece of legislation that recognized the civil rights of
people with disabilities by requiring public places and businesses to be accessible. But the law appears
to have been exploited by crafty attorneys who can make a quick buck by filing ADA non-compliance suits against
small businesses, critics say.
Justin Dart Obituary: Widely
recognized as "the father of the Americans with Disabilities Act" and "the godfather of the disability rights
movement," Justin Dart had struggled with the complications of post-polio syndrome and congestive heart
failure. … Dart was a leader in the disability rights movement for three decades, and an advocate for the
rights of women, people of color, and gays and lesbians. … Dart was on the podium on the White House lawn
when President George H. Bush signed the ADA into law in July 1990.
The Editor says...
The late Justin Dart was my 8th cousin. A very distant cousin, in many ways.
The fashion for
disability: [Alison] Lapper, who seems an agreeable and doughty sort, has said that the statue is
"a modern tribute to femininity, disability and motherhood". A tribute to disability? Why would we
wish to pay tribute to disability; if we're being honest, isn't disability bad, wouldn't we rather not have it
at all?
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