Wheelchair Accessibility Laws and How It All Began

posted on Nov 19 by Brian in the Advocacy, Disability Discrimination, Disability Law, Disability News, Wheelchair Accessibility, Wheelchair Accessibility Laws category

Wheelchair Accessibility Laws

The first real laws in the United States protecting citizens with disabilities against discrimination was part of the Civil Rights Act of 1964 which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. In 1990, President Bush signed the Americans with Disabilities Act and was later amended with changes that went into effect January 1, 2009. Previous to these laws, Americans with disabilities had absolutely no laws giving them rights to accessible parking and entrances.

The ADA is a wide ranging civil rights law that prohibits discrimination based on disability. The ADA defines a disability as a “physical or mental impairment that substantially limits a major life activity”. Though disability is determined by individual cases, the ADA excludes certain impairments as disabilities such as ongoing substance abuse and vision deficiencies that can be corrected by eyeglasses or contacts. In 2008, the ADA Amendments Act was signed to give broader protections to disabled workers as well as make court rulings congress deemed too restrictive retroactive. The Amendments Act also gives greater definition by way of a list of major life activities as stated in the original definition of disabled in the ADA.

The ADA specifically details not only what is considered discrimination in aspects of a disabled persons life such as employment, gaining government financial assistance, but also regulates accessible assistants in public places such as the width of handicap parking spaces and how close assessable parking spaces need to be to the entrance to a building. The act also determines the number of accessible parking spaces there needs to be in ratio of regular spaces. The ADA calls for wheelchair ramps on street corners, and accessible entrances to a building like powered doors and elevators in buildings with more than one floor. Public buildings are also mandated to have accessible restrooms with stalls wide enough to accommodate wheelchairs and transfer bars bolted to the walls.

The ADA protects workers with disabilities prohibiting business’ to limit or classify a job applicant or employee in an adverse way or denying employment opportunities to people who truly qualify or not making reasonable accommodations to known mental and physical limitations.

The ADA calls for a standardized symbol identifying accessible seating on public transportation, restaurants, accessible restrooms, and accessible parking. All public entities must provide physical access as decried in the ADA standards for accessible design. The ADA also specifies restrictions on handicap accessibility for vehicles like wheelchair vans.

Previous to these laws, disabled people consistently fell victim to being defined by restrictions their disabilities caused. Something as simple as getting from their vehicles to a grocery store or crossing a street were major challenges. Now, with accessible transportation regulations and mandated accommodations in the workplace allowing for an equal shot at getting gainful employment, people with disabilities while still facing many challenges in society and daily life, are on a more level playing field than ever.