Disabling America: The Unintended Consequences of the Governments Protection of the Handicapped

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The author tells his own story of being born with only three deformed fingers and one leg and how his parents refused to allow those physical defects to set him back personally or professionally. The author makes his case by saying that the quality of life for the disabled has not improved since the ADA went into effect and it has restricted the freedoms of all citizens through strict regulations, lawsuits, and restricted economic growth.

After his presentation he responded to questions from members of the audience. Greg Perry is the author of more than 75 books on computer systems and computer programming. President Obama spoke about the 20th anniversary of the signing of the Americans with Disabilities Act. Byron Pitts talked about his memoir, Step Out on Nothing: May 13, Disabling America: Protection of the Handicapped T Public accommodations include most places of lodging such as inns and hotels , recreation, transportation, education, and dining, along with stores, care providers, and places of public displays.

Title III also has application to existing facilities. One of the definitions of "discrimination" under Title III of the ADA is a "failure to remove" architectural barriers in existing facilities. This means that even facilities that have not been modified or altered in any way after the ADA was passed still have obligations.

The standard is whether "removing barriers" typically defined as bringing a condition into compliance with the ADAAG is "readily achievable", defined as " Thus, what might be "readily achievable" for a sophisticated and financially capable corporation might not be readily achievable for a small or local business. There are exceptions to this title; many private clubs and religious organizations may not be bound by Title III.

With regard to historic properties those properties that are listed or that are eligible for listing in the National Register of Historic Places , or properties designated as historic under state or local law , those facilities must still comply with the provisions of Title III of the ADA to the "maximum extent feasible" but if following the usual standards would "threaten to destroy the historic significance of a feature of the building" then alternative standards may be used.

Under revisions of Department of Justice regulations, newly constructed or altered swimming pools, wading pools, and spas must have an accessible means of entrance and exit to pools for disabled people. However, the requirement is conditioned on whether providing access through a fixed lift is "readily achievable".

Other requirements exist, based on pool size, include providing a certain number of accessible means of entry and exit, which are outlined in Section of the standards. However, businesses are free to consider the differences in application of the rules depending on whether the pool is new or altered, or whether the swimming pool was in existence before the effective date of the new rule.

Full compliance may not be required for existing facilities; Section and of the Standards outline such exceptions.

The ADA provides explicit coverage for service animals. Businesses are allowed to ask if the animal is a service animal and ask what tasks it is trained to perform, but they are not allowed to ask the service animal to perform the task nor ask for a special ID of the animal. They cannot ask what the person's disabilities are.

A person with a disability cannot be removed from the premises unless either of two things happen: Allergies and fear of animals would not be considered a threat to people's health and safety, so it would not be a valid reason to deny access to people with service animals. Businesses that prepare or serve food must allow service animals and their owners on the premises even if state or local health laws otherwise prohibit animals on the premises. In this case, businesses that prepare or serve food are not required to provide care or food for service animals, nor do they have to provide a designated area for the service animal to use the bathroom.

Lastly, people that require service dogs cannot be charged an extra fee for their service dog or be treated unfairly, for example, being isolated from people at a restaurant. People with disabilities cannot be treated as "less than" other customers. This section requires that all telecommunications companies in the U. Today, many TRS-mediated calls are made over the Internet by consumers who use broadband connections. In either variation, communication assistants translate between the signed or typed words of a consumer and the spoken words of others.

Title V includes technical provisions. It discusses, for example, the fact that nothing in the ADA amends, overrides or cancels anything in Section Individuals who exercise their rights under the ADA, or assist others in exercising their rights, are protected from retaliation. The prohibition against retaliation or coercion applies broadly to any individual or entity that seeks to prevent an individual from exercising his or her rights or to retaliate against him or her for having exercised those rights Any form of retaliation or coercion, including threats, intimidation, or interference, is prohibited if it is intended to interfere.

The idea of federal legislation enhancing and extending civil rights legislation to millions of Americans with disabilities gained bipartisan support in late and early In early both Congress and the newly-inaugurated Bush White House worked separately, then jointly, to write legislation capable of expanding civil rights without imposing undue harm or costs on those already in compliance with existing rules and laws.

Over the years, key activists and advocates played an important role in lobbying Members of the U. Wright is known as "the General" for her work in coordinating the campaign to enact the ADA. About the importance of making employment opportunities inclusive, Shirley Davis, director of global diversity and inclusion at the Society for Human Resource Management , said: The debate over the Americans with Disabilities Act led some religious groups to take opposite positions.

Church groups such as the National Association of Evangelicals testified against the ADA's Title I employment provisions on grounds of religious liberty. The NAE believed the regulation of the internal employment of churches was " Many members of the business community opposed the Americans with Disabilities Act. Testifying before Congress, Greyhound Bus Lines stated that the act had the potential to "deprive millions of people of affordable intercity public transportation and thousands of rural communities of their only link to the outside world.

Shortly before the act was passed, disability rights activists with physical disabilities coalesced in front of the Capitol Building , shed their crutches, wheelchairs , powerchairs and other assistive devices , and immediately proceeded to crawl and pull their bodies up all of the Capitol's front steps, without warning. Some activists who remained at the bottom of the steps held signs and yelled words of encouragement at the "Capitol Crawlers". Jennifer Keelan, a second grader with cerebral palsy , was videotaped as she pulled herself up the steps, using mostly her hands and arms, saying "I'll take all night if I have to.

While there are those who do not attribute much overall importance to this action, the "Capitol Crawl" of is seen by some present-day disability activists in the United States as a central act for encouraging the ADA into law. Harkin delivered part of his introduction speech in sign language, saying it was so his deaf brother could understand. On signing the measure, George H. 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.

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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. The ADA defines a covered disability as a physical or mental impairment that substantially limits one or more major life activities, a history of having such an impairment, or being regarded as having such an impairment.

The EEOC developed regulations limiting an individual's impairment to one that "severely or significantly restricts" a major life activity. On September 25, , President George W. The amendment broadened the definition of "disability", thereby extending the ADA's protections to a greater number of people. It also overturned the court restriction that an impairment which substantially limits one major life activity must also limit others to be considered a disability.

As of [update] the ADA had improved access to public services, the built environment e. Disparities have remained in employment, earned income, Internet access, transportation, housing, and educational attainment and the disabled remain at a disadvantage with respect to health and health care.

The ADA has been criticized on the grounds that it decreases the employment rate for people with disabilities [45] and raises the cost of doing business for employers, in large part due to the additional legal risks, which employers avoid by quietly avoiding hiring people with disabilities. Some researchers believe that the law has been ineffectual. In , for men of all working ages and women under 40, Current Population Survey data showed a sharp drop in the employment of disabled workers, leading at least two economists to attribute the cause to the Act.

Since enforcement of the act began in July , it has quickly become a major component of employment law. The ADA allows private plaintiffs to receive only injunctive relief a court order requiring the public accommodation to remedy violations of the accessibility regulations and attorneys' fees, and does not provide monetary rewards to private plaintiffs who sue non-compliant businesses. Unless a state law, such as the California Unruh Civil Rights Act , [52] provides for monetary damages to private plaintiffs, persons with disabilities do not obtain direct financial benefits from suing businesses that violate the ADA.

The attorneys' fees provision of Title III does provide incentive for lawyers to specialize and engage in serial ADA litigation, but a disabled plaintiff does not obtain financial reward from attorneys' fees unless they act as their own attorney, or as mentioned above, a disabled plaintiff resides in a state that provides for minimum compensation and court fees in lawsuits.

Moreover, there may be a benefit to these "private attorneys general" who identify and compel the correction of illegal conditions: Moreover, the inclusion of penalties and damages is the driving force that facilitates voluntary compliance with the ADA. As a result, most ADA suits are brought by a small number of private plaintiffs who view themselves as champions of the disabled.

For the ADA to yield its promise of equal access for the disabled, it may indeed be necessary and desirable for committed individuals to bring serial litigation advancing the time when public accommodations will be compliant with the ADA. However, in states that have enacted laws that allow private individuals to win monetary awards from non-compliant businesses as of , these include California, Florida, Hawaii, and Illinois , "professional plaintiffs" are typically found.

Everyone can use a ramp, but many people can not use stairs. Everyone can use a bigger restroom, but many people can not use narrow little restrooms with narrow doorways. I am always thankful for automatic doors or door openers when I have my two young children in our double stroller or radio flyer wagon!

The ADA was a big step toward integration rather than segregation. People are now able to live in the community rather than be locked away because they have the medical diagnosis for whatever reason of having a disability. Perry does make some very good points - for example, I am not about to argue - some lawyers do take advantage of the ADA just like any other laws. His repeated use of the demeaning H-word was the hardest thing to read. I hope he will eliminate the H-word from future editions - afterall, it's no longer used in Federal Legislation but then again - his point is to speak out against Federal Legislation - so this is probably just one more subtle way to do that.

Other books to look at to understand disability issues, the Disability Rights Movement and the Americans with Disabilities Act include: Here are links to some of the books: Feb 18, David Robins rated it really liked it. Shows that "the Americans with Disabilities Act has done absolutely nothing to help employ the disabled" and concludes "Get rid of it. Stop the erosion of American freedom. The ADA is a complete failure that continues its work to bankrupt America's future and harm the truly handicapped.

Apr 05, Kathy rated it did not like it Shelves: Dec 22, Hugo rated it liked it. Excellent book about good government intentions going wrong. Hazel rated it it was amazing May 05, Liz rated it it was ok Sep 28, Alex rated it it was amazing Jul 06, JzeNN rated it liked it Jan 25, Brian Foltz rated it it was amazing Oct 22, Mark rated it liked it Apr 03, Daniel Chang rated it it was amazing Oct 14, Nick Hamden rated it really liked it Sep 21, Addam Andrews rated it it was ok Dec 07, Kevin Sevlie rated it it was amazing Apr 12, Ted rated it liked it Mar 04, Robin rated it did not like it May 20, Christopher rated it really liked it Sep 28, Greg Perry rated it it was amazing Aug 13, Honey Robins marked it as to-read Feb 21, Peter marked it as to-read Apr 06, Jeff Raymond marked it as to-read Jul 27,