The Americans With Disabilities Act

Revision of the author's Understanding the Americans with Disabilities Act.

The first major behind-the-scenes account of the history, passage, and impact of the Americans with Disabilities Act (ADA)—the landmark moment for disability rights The Americans with Disabilities Act (ADA) is the widest-ranging and most comprehensive piece of civil rights legislation ever passed in the United States, and it has become the model for disability-based laws around the world. Yet the surprising story behind how the bill came to be is little known. In this riveting account, acclaimed disability scholar Lennard J. Davis delivers the first on-the-ground narrative of how a band of leftist Berkeley hippies managed to make an alliance with upper-crust, conservative Republicans to bring about a truly bipartisan bill. Based on extensive interviews with all the major players involved including legislators and activists, Davis recreates the dramatic tension of a story that is anything but a dry account of bills and speeches. Rather, it’s filled with one indefatigable character after another, culminating in explosive moments when the hidden army of the disability community stages scenes like the iconic “Capitol Crawl” or an event when students stormed Gallaudet University demanding a “Deaf President Now!” From inside the offices of newly formed disability groups to secret breakfast meetings surreptitiously held outside the White House grounds, here we meet countless unsung characters, including political heavyweights and disability advocates on the front lines. “You want to fight?” an angered Ted Kennedy would shout in an upstairs room at the Capitol while negotiating the final details of the ADA. Congressman Tony Coelho, whose parents once thought him to be possessed by the devil because of his epilepsy, later became the bill’s primary sponsor. There’s Justin Dart, adorned in disability power buttons and his signature cowboy hat, who took to the road canvassing 50 states, and people like Patrisha Wright, also known as “The General,” Arlene Myerson or “the brains,” “architect” Bob Funk, and visionary Mary Lou Breslin, who left the hippie highlands of the West to pursue equal rights in the marble halls of DC.

The Americans with Disabilities Act (ADA) enacted on 16 July 1990, provides broad non-discrimination protection for individuals with disabilities in employment, public accommodations and services operated by public entities, transportation, and telecommunications. This book summarises the major provisions of the act as amended and discusses recent issues including rules, Supreme Court decisions, regulations and information sources.

This book, written from the perspective of a lawyer with a disability (the author is hearing impaired), demonstrates that the Americans with Disabilities Act (ADA) is not just a law, but a way of life. It also discusses preventive lawyering with regards to the ADA. Since the first edition was published, the U.S. Supreme Court has decided over a dozen cases on the ADA and there have also been many appellate decisions as well. In this second edition, the Supreme Court decisions not included in the first edition and some of the appellate opinions that have come down since then are analyzed to provide the reader with an understanding of the workings of the ADA as it exists today.

This practical manual offers essential information and guidance for anyone involved with ADA issues in higher education settings. Fundamental principles and actual clinical and administrative procedures are outlined for evaluating, documenting, and accommodating a wide range of mental and physical impairments. Contributors draw upon extensive hands-on experience with managing ADA issues to supply helpful diagnostic roadmaps, sample reports, and resource listings. Cutting through the morass of confusion surrounding current disability mandates, this book fills a vital need for mental health clinicians, learning disabilities and rehabilitation specialists, administrators in postsecondary institutions and testing organizations, and legal professionals.

(a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.

The Disability Pendulum chronicles societal views and court reactions to the evolving ADA.